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THE 



CONSTITUTIONAL HISTORY 



J 



THE UNITED STATES, 

FROM 

THE ADOPTION OF THE ARTICLES OP CONFEDERATION 

TO 

THE CLOSE OF JACKSON'S ADMINISTRATION. 

BY 
WILLIAM ARCHER COG^E. 



|n f tD0 'Bahmti, 



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VOL. L 



PHILADELPHIA: 

J. B. LIPPINCOTT & CO. 

1868. /.>~ 

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THENFW York' 
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174277 

/VTCif.. ■■ < NOX AND 

Til DC N FC*•^DA^»ON6. 



J 



Entered, aooording to Act of Congress, in the year 1858, by 

WILLIAM ABCHER COCKE, 

In the Clerk's Office of the District Court for the Eastern 
District of Virginia. 



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Jetotimr 4 \\t Jfirst f obrmt. 



TO KATE. 

My Dearly Beloved Wife: — 

I dedicate this volame to you as a feeble return for the happiness 
you have conferred by your constant kindness and affection. Tour' 
anxious solicitude has been among the great incentives to the laborious 
task. The favor with which it may be received by the public will be 
as highly cherished by you as by myself; and your smile of approba- 
tion will be regarded far higher than the plaudits of the world. 

William Abchbr Cockk 
RiGHMoins Jvi^, 1868. 



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CONTENTS. 



CHAPTER I. 

PAei 

Intboduotion „ 9 

Chreece and Rome deficient in Free Principles 10 

Their gradual DeTelopment in England ^ »11-18 

Settlement of the Colonies 14 

Character of the Colonial Goyemments and British Oppression 25 

Assembling of a General Congress, and the DeTelopment of Reyolu- 

tionary Principles « 80 

Proceedings of the Second Continental Congress 84 

Washington appointed Commander-in-chief ~ 85 

Mecklenbiirg Declaration of Independence ~ 86 

Resolutions adopted 87 

Virginia the first State that formed an Independent Government 89 

Declaration of Independence — Its History — ^Proceedings of the States 

in reference thereto 45 

Continental Congress — History of the Articles of Confederation.^ 51 

CHAPTER IL 

Formation and adoption of the Constitution .'. 52 

History of its progress through .the Conyention — Its different elements 
of power — Character of the Executive, Legislative, and Judiciary De- 
partments — ^Views of the different State Conventions, and Resolutions 
upon its ratification 94 

CHAPTER m. 

Administration of Washington 95 

Difficulties of the Administration 97 

y Formation of Parties 99 

Cabinet Officers '100 

Washington's First Message ..., 108 

Measures of the Administration — Hamilton's Reports — ^Bank — Tariff- 
Funding System.^ 104 

Debates on the Tariff. 105 

Assumption of the State Debts^ 109 

Debate upon Slavery Ill 

Financial History of the Country 114 

National Bank 115 

First Census — Number of Representatives — ^Ratio of Representation... 128 

Commercial Report of the Secretary of State 125 

5 



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6 CONTENTS. 

PAOB 

Madison's GommeroUl Besolations ^ 127 

Origin of the Eleventh Article of the Amendments to the Constitution^ 129 

Whisky Insurrection 129 

Jay's Treaty— Its History 182 

Foreign Policy of the Administration^ 184 

Internal Improvements 140 

Close of Wsushington's Administration ', 144 

Its great popularity — Giles and a few others only dissatisfied with it^.. 145 

Policy of the Administration 146 

Washington's Farewell Address 147 

Washington's Character 149 

CHAPTER nr. 

Administration of John Adams — Sketch of his Life» 160 

Elected President — His Cabinet 156 

Difficulties with France — Special Session of Congress. 156 

Provisional Army 158 

Commissioners appointed to negotiate a Treaty with France 160 

Genet— His Conduct 161 

Difficulties with France 168 

X., Y., and Z 166 

Unsuccessfiil efforts of the Commissioners to make a Treaty with France.. 167 

War anticipated with France 168 

Return of the Ministers from France 171 

Strong war-feeling towards France 171 

Perplexity of the Administration 172 

Appointment of other Ministers to France — Dissatisfaction of the 

Cabinet 178 

The unpopularity of the Administration 176 

Alien and Sedition Laws 176 

Views of the General Assembly of Virginia and other States 179 

Views of MassaAusetts 182 

Comparison of ifce Powers of the States and General Government under 

the Constitution. „! 184 

Removal of the Seat of Government to the District of Columbia 189 

Second Census 191 

Origin of Parties 198 

Review of Adams's Administration — Unpopularity of tba Federal 

Judges 196-201 

CHAPTER V. 

Administration of Jefferson — Sketch of his Life.» 202 

Elected President by the House — Long contest between Burr and Jef- 
ferson ,. 207 

Jefferson's Inauguration 209 

The Cabinet 211 

The Seventh Congress — ^Aspect of Parties 218 

Jefferson's First Annual Message 215 

Committee of Ways and Means — ^Randolph, Chairman — Its Duties 216 

Report of the Secretary of the Treasury 217 

Sixteen Federal Judges deprived of Office 219 

Georgia Cession 220 

Ohio received into the Union 221 



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OOSTBNTS. 7 

FAOI 

Jefferson's Opinion in reference to a Navy 228 

Cession of Louisiana by France —History of Uie Treaty — Its Advan- 

Ugee ^„.. 224 

Difficulties concerning the Boundaries. 288 

Power to acquire Territory by Treaty 285 

Law passed for Goyemment of Louisiana 288 

Character of Territorial Goyemments 289 

Impeachment of Judge Pickering 289 

Trial of Judge Chase 240 

Result of the Trial 248 

History of the Taioo Question^ , 249 

Close of Jefferson's First Administration 264 

CHAPTER VL 

Jefferson's Second Term 256 

Difficulties in the Foreign Relations of the Country 257 

Report of Special Committee in reference to Spanish Affairs 261 

John Randolph opposed to the Administration 268 

Our Relations with England. 265 

Restrictiye Policy adopted. 270 

Internal Improyements — Cumberland Road — Jefferson's Opinion 271 

History of the Miranda Expedition 272 

Foreign Relations still unsettled 278 

Treaty with England 281 

Abolition of the Slaye-trade 282 

The good effect of the Introduction of AfHcan Slayery 288 

Slayery dependent upon the Density of the Population 287 

Debates in Congress upon Slayery and the Slaye-trade 289 

Trial of Aaron Burr for Treason 298 

Increased Perplexities in our Foreign Relations 800 

Berlin and Milan Decrees 808 

Embargo— Its destructiye tendency 805 

Report of the Committee on Foreign Relations 810 

Federal Party opposed to the Embargo— Opposed by New England .... 811 

Iigurious to the Commercial Interest 818 

Effort made to terminate the Embargo 817 

Reyiew of the Administration 819 

Jefferson's Character 826 



CHAPTER Vn. 

Administration of James Madison — ^Personal Sketch of Bfadison.. 880 

Elected President. 884 

Selection of his Cabinet 884 

Non-intercourse Act suspended 885 

Unsuccessful efforts to make a Treaty 887 

American Nayigation Act 889* 

Application of Louisiana for admission into the Union — Debate thereon 848 

Bank Question 844 

Foreign Difficulties increasing — Goyemment inclined to be more firiendly 

towards France. 847' 

Third Census 848- 



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00NTBNT8. 



CHAPTER VIII. 

PAQB 

War of 1812 ^ 860 

Preliminary and Financial Preparations for War^ 860 

Madison's War Message^ 864 

Vote upon the Declaration of War.^ 867 

Federalists opposed the War — Oenerally opposed by the New England 

States 869 

Madison nominated for He-election 870 

National Income for the year 1812.^ 871 

Derotion of Foreigners to the Interest of the Country 878 

Policy of United States in invading Canada 878 

Authority of the Federal Executive over the Militia 876 

Views of Members of Congress on the Militia Question 878 

Vote for President and Vice-President 881 

Opposition to the Administration by Quinoy and others 882 

Clay, Calhoun, and others, support the Administration 888 

CHAPTER IX. 

Madison's Second Term — ^The war of 1812 (continued) — Madison's In- 
auguration 886 

Views of the War 886 

Special Message of the President, communicating the offer of Russia 
for a settlement of our Difficulties with England — Adams and Bayard 
appointed Ministers to Russia — Qallatin rejected — Russian Media- 
tion declined by Castlereagh.. 889 

Outrages committed by the English 891 

Direct Tax imposed. 892 

Exasperations of the Anti-war Party 898 

Beginning of the restrictive System 894 

Hartford Convention... 897 

Castlereagh expresses a desire for Peace 402 

England and the United States appoint Commissioners 402 

History of the Treaty 408 

Peace made 407 

Cost of the War 408 

State of Parties 409 

Effects of the War 410 

Calhoun reports a Bill for a Bank 412 

Bank-Bill signed by Madison ^. 418 

Protection to Manufactures 416 

Tariff Qdestion 416 

Admission of Indiana into the Union... 422 

Territory of Alabama 428 

Development of Southern Resources 424 

African Slave-trade 424 

American Coloniiation Society.. 424 

Internal Improvements 426 

Review of Madison's Administration 428 



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THE 



CONSTITUTIONAL HISTORY 



OF THB 



UNITED STATES. 



CHAPTER I. 
INTRODUCTION. 

The history of the civilized world presents every nation^ 
vrith the exception of the United States, in the various 
shades of advancement, from the nide forms of barbarism 
to the full dawn of civilization. With the United States no 
such gradations have existed; our Mother Country had 
agonized through all the difficulties which attend a nation's 
rise and progress : from her we had gathered the seeds of 
free principles. In Old England our ancestors learned those 
wise and practical lessons, which, reducing the riffor of 
monarchy on the Island, resulted, when planted on Ameri- 
can soil, to the full extent of their spirit, in application to 
the actual condition of man ; where was known and prac- 
ticed those moral and religious virtues which prove, in all 
societies and under every form of government, the only firm 
basis of civil liberty. 

It is a source of brilliant delight to dwell on American 
history, and to trace the difficulties that oppressed the 
framers of our Constitution, mingled with the successful 
manner in which they were overcome, and the promulgation 
of those pure principles, whose splendor has only been sur- 
passed by their practical force and utility. Our Government 
has always been free from those great fluctuations of public 
affairs, the vicissitudes of war and fortune, which character- 
ized the Grecian republics, distinguished as they were by 

Vol. L— 2 9 



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10 gONSTITUTIONAL HISTORY 

prowess and patriotism ; whilst the fancy and the genius of 
their citizens rose with the early Hght of science and civiliza- 
tion, like the star of morning. Yet the freedom and unre- 
strained license of the people made tyrants of those in 
authority. Power, untrained hy high moral virtue, nor 
counteracted hy an enlightened spirit of liberty, runs into 
abuse. In the Roman republic we at once detect the ab- 
sence of that principle which proves the life-sustaining ele- 
ment of liberty, a virtuous constancy and reliance on the 
part of the people in the supremacy of law, as well as an 
abiding knowledge that the people were responsible for the 
administration of those laws; these truths found no exist- 
ence in Rome. The people had but an ostensible power, 
which was always abused by the Senate with that indiffer- 
ence the latter received from the hands of the Consul. After 
the death of Tiberius, though the d^ing emperor was afraid 
to declare in favor of his grandson, it was known he secretly 
drew up a will in his favor. Here was an exercise of the 
absolute power of appointment, though concealed by a low 
fear of popular rights, which was equally despised as feared. 
It was oeemed advisable to refer the matter to the Senate, 
from whom an act was obtained declaring in favor of Gains 
to the throne of the OsBsars. Tiberius had robbed the Senate 
of its legitimate power, while the latter for a time concealed 
its depravity by open and servile flattery to a monarch that 
despised them. 

in tracing back the principle which appeared too dominant 
at all times — the weakness of the people in expressing their 
admiration for military renown, assuming the appearance of 
inordinate gratitude — we find it was early and forcibly mani- 
fested by the power thev permitted military men to acquire; 
especially in the case of Julius Osesar, a weak and depraved 
Senate was the unhallowed medium. This veteran officer 
and war-worn soldier returned to Rome after the seige of 
Marseilles, presented himself at once before a mutinous army, 
which he brought under arms in his presence, and appeased 
b^ his influence. He entered the city in triumph ; was made 
dictator, which was said to be a nominal office; he was elected 
consul that he might, in exercising his power under the latter 
office, wield the unshackled prerogative of the former. Re- 
publican Greece and Rome made many advancements in 
civilization, but few in the science of government; every im- 
provement was a revolution which obliterated the advantages 



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OF THE UNITBI) STATES. 11 

that preceded in the substitution of others scarcely better. 
They evidently bore the seeds of ultimate ruin, because they 
made conquest their chief object, war their pastime, delight, 
and study, to the too ^eat exclusion of the knowledge and 
application of the moral virtues, which should have been min- 
ted with an acquaintance and due appreciation of the arts 
and sciences, with that refining influence of the beUes-lettrei 
which improve the heart and polish the intellect without 
diminishing the strength of the mind or impairing the force 
of the sterner and more manful virtues of the hero. 

A certain but limited advancement had been made by the 
English people long before the tide of emigration flowed 
toward America. They owe their highest and purest achieve- 
ments to the House of Commons. Tracing it back to its earlier 
days, we find it invested with the slightest possible authority 
compatible with its existence. In the reign of Edward I. 
the House of Commons was assembled by legal authoritv, 
their powers confined to giving their assent to supplies to the 
crown. By gradual steps they began to assume oignity and 
influence. In the reim of Edward 11. petitions were annexed 
to their bills by whi<m subsidies were granted. During the 
reign of Edward III. thev declared they would in future ac- 
knowledge no law to which they had not assented. It would 
prove an interesting and instructive lesson to trace the uni- 
form progress of tne House of Commons in reducing the 
rigor of the law from the period of their earliest efforts 
against the established hereditary monarchy, and the privi- 
l^es and influence of an aristocracy sustained and pampered 
by the crown, whose CTcatest effort was to unite the destiny 
of the throne with the wealth, grandeur, and pomp that 
owed its existence in part, if not entirely, to the bounties it 
bestowed. In the reign of James I. the honest and manful 
struggle made by the House of Commons in treating with 
the kmg for the abolition of feudal tenures, and the success- 
ful manner in which they ultimately carried their cause, 
exhibit the decided influence they had attained, even at that 
early period. 

After the death- of Charles I. the House of Commons, 
thouffh they in their patriotic zeal went to too grdat extremes, 
saw that their honest fearlessness had placed them on a firm 
standing with the other constituents of State. Though they 
voted the entire abolition of monarchy, yet by no compro- 
mise of station or dignity, but, actuated by i^ just spirit of 



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12 oomnTunoKAL histobt 

liberality^ thej, on the reetoration, agreed with the Lords 
that the ffoyemment ought to be in '^ Kings, Lords, and 
Commons. ' Lnmediately aftenrards they passed two yery 
important bills in reference to the power of taxation, one 
concerning the appropriation of supplies, the other the ap« 
pointment of a committee, with full power to inspect pubhc 
accounts. 

During the reign of Charles II., aggravated by the perfidy 
of the cabal administration, the House of Commons firmly 
established the important privilege of the right of impeach- 
ment. 

The impeachment of Lord Mordunt was sent up on charges 
of so little public moment, they were suspected of havmg 
chiefly in view the assertion and sustainance of this important 
privilege. " It was never called in question from this time ; 
and, indeed, they took care, durmg the remainder of this 
reign, that it should not be endangered by a paucity of pre- 
cedents."* 

After the abdication of James, and the establishment of 
William, great and arduous duties were performed by the 
House of Commons. They exercised a beneficial influence, 
which is readily perceptible, from the motive exhibited in 
limiting the revenue ; their jealousy of a standing army ; 
their interference in the Irish forfeitures, for which, how- 
ever, they have received the censure of eminent writers, 
whose justification may be found in the indignation often ex- 
pressed against William, in granting away one million of 
acres belonging to those Irish who had fought on the side of 
James. 

From this hurried notice of the progress of the power of 
the House of Commons, it is easy to see the vast mfluence 
they exerted in giving a tendency to the mind, an impetus to 
the sentiments, of the people, in the direct and onward track 
for freedom, whose representative they were proud to be, as 
they instilled in their hearts a warm and devoted attachment 
to justice and liberty. It was in the House of Commons the 
first seeds of free principles were planted, which, by gradual 
maturity, have made England a country of permanent and 
most enlightened institutions, compared with all the govern- 
ments of the Old World. 

That bold and undaunted devotion to liberty which fired 

* Hallain'i Gonstiiational History of England. 



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09 THB UNITBD 8TATB8. 18 

Ae hearts of Pym and Vane, and nerved, amidst the roar of 
battle, the nnfS&lterins arm of Hampdeii and Cromwell, was 
transplanted to the wuds of the Western World, and nurtnred 
into life and full maturity, by men who had felt the want of 
that impartial restraint which the moral, social, and political 
advancement of the times demanded ; indeed, by these and 
kindred feelings, emigrants began to settle in America. Some 
few hardy adventurers had visited this country, and, return- 
ing to the bosom of their friends, carried with them rejoicing 
tidings of the healthfulness of the climate and vast capa- 
bilities of the soil in supplying the wants of man. England 
soon became seized with the idea of colonizing America: 
other nations embraced the opportunity of appropriating a 
portion of the same country for a like purpose. France, 
Spain, and Russia felt the necessity of Colonies, and respec- 
tively occupied different choice regions of the country. 

It seemed a bright and sunny day for Europe ; here her 
overgrown population could find an ample country, where 
nature smiled profusely upon man's sliffhtest efforts. Crown- 
heads and cabinets daily indulged in the pleasing thought of 
enriching the country of their birth and home with the boun- 
teous offerings of America. 

In order to assert and maintain an indubitable right, as far 
as England could colonize, she executed and exhibited to the 
world her title papers, by issuing patents. In 1504 Queen 
Elizabeth, by patent, granted to Sir Walter Raleigh authority 
to discover, occupy, and govern, " Remote heathen and bar- 
barous countries.* The details of the expedition fitted up 
for the occasion belong to another department of history. 
The first permanent settlements in the Colonies were at 
Jamestown, in Virginia, in 1607, and Plymouth, in Massa- 
chusetts, in 1620. The settlers at Plymouth, originally from 
the North of England, belonged to that peculiar sect the 
Puritans. Owing to the cruel persecutions they encountered 
during the reign of James I., they fled, with their pastor, 
to Amsterdam, in 1608. They afterwards removed to Ley- 
den, where they remained until they embarked for America.* 

These two settlements, with the exception of St. Augustine, 
— ^the first in North America, — ^were, in historical bearing, 
the most important. Differing in habits and feelings, free 
from every conflict of interest, they lived, for a time, without 

* Barbour's Outlines, p. 88. 

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14 CONSTITUTIONAL HISTORY 

intercourse. The next most important settlement which was 
made was in 1635, which sprang from a party of early set- 
tlers in Massachusetts ; a parcel of men, women, and children, 
BiXLxXmg from Dorchester, took up their march towards Con- 
necticut River. In the following year a man named Hooker, 
who acted as their pastor, also emigrated with more than a 
hundred ; they located at a place called by them, at that time, 
Newtown, which was afterwards changed to Hartford. 

I will not detain the reader by reference to the other Colo- 
nies as they were successively planted. In a different depart- 
ment of history they have been extensively noticed ; yet it is 
highly interesting, at this place, to observe some of the cha- 
racteristics of the governments of the Colonies, as by degrees 
they expanded to a larger and more important sphere. 

Planted at different times, under different circumstances, 
the colonial governments varied in many important particu- 
lars. The first form of government was by Charter; the 
powers of legislation being vested in a governor, council, 
and assembly, chosen by the people. Connecticut and Rhode 
Island were of this class. The second was a Proprietary 
government, the proprietor of the province being governor, 
with an assembly chosen by the people. This form of go- 
vernment prevailed in Pennsylvania, Maryland, New Jersey, 
and the Carolinas. The third kind was that of Royal Q-o- 
vemmenty the governor and council being appointed by the 
crown, and the assembly elected by the people. New Hamp- 
shire, Massachusetts, New York, New Jersey, after the year 
1702, Virginia and the Carolinas, after the resignation of 
the proprietors, in 1728, were governed by this form.* 

The citizens of the United States are one people ; yet in 
each State a certain difference of character and habit are 
perceptible^ At this day an identity of feeling and interest, 
which, from the beginning of the Revolution, made them 
sisters of the same household, and the constantly increased 
intercommunication, mingled with a common political and 
national destiny, have nearly reduced all difference, except a 
few local institutions, which adds beauty and variety without 
marring the harmony of the system. With the highest re- 
spect, tne most brotnerly feeling towards the New England 
States, it is hoped no umbrage can be taken at the avowal of 
the superiority of the settlers of the Southern Colonies, in 

* Dr, Morse. 



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OF THB UKITBD STATBS. 15 

their more polished and varied education, over those of the 
North. I acknowledge, at the present day they may have 
excelled ns in the acquirement of wealth; yet a Southern 
son — a Virginian or Carolinian — can never become oblivious 
to those warm impulses of honor, or callous to those high- 
toned chivalric virtues which, characterizing the earlier set- 
tlers of the Southern Colonies, have, beneath "An ardent 
southern sun/' been dutifully perpetuated by a grateful 
posterity. 

Among the Northern Colonies we discover a coldness of 
temper, a more regular and methodic capacity for the details 
of business, whilst their high sense of propriety, strict hon- 
esty, and virtuous bearing, compare them favorably with any 
people on the globe. 

At the time of the settlement of the Colonies, the oppres- 
sive religious restrictions of the Old World drove many to this 
country, that they might worship in obedience to their re- 
spective forms and creeds. This marked the character of the 
pilgrim fathers. A sect more remarkable for the strictness 
of their religious opinions and habits never lived. Their 
entire passion seemed engrossed in religion. Every act con- 
formed to some adopted and strict formula. 

Connecticut, as has been observed, was settled by emigrants 
from Massachusetts ; they carried with them the observance 
of many rules, exceeding, in their pious zeal, the limits of 
Christian forbearance. They are remembered to this day, by 
many of the most singular and oppressive laws, which were 
religiously obeyed. Happily, and to their credit, " the blue 
laws," as they were called, were speedily repealed, and the 
Puritan, in overcoming his prejudices and laying aside his 
astute forms and opinions, lost none of his purity of cha- 
racter or fervid piety.* 

The most singular of these laws were, "No one shall cross 
a river without an authorized ferryman. No one shall run 
of a Sabbath day, or walk in his garden or elsewhere, except 
reverently to and from the church. No one shall travel, 
cook victuals, make beds, sweep houses, cut hair, or shave 
on the Sabbath. No woman shall kiss her child on the Sab- 
bath or fasting day. A person accused of trespass in the 



* As a dooument of rare hiftorioal notice, I refer the reader to the cele- 
brated code, known as the **Blue Laws of Connecticut." (Barbour's Out- 
lines, p. 44. Analectic Mag., p. 67.) 



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16 00N8TITUTI0KAL HI8T0BT 

night shall be judged gailtj unless he clear himself by his 
oath. No one shall buy or sell cows without the permission 
of the selectmen. Who ever publishes a lie to the prejudice 
of his neighbor shall sit in the stocks or be whipped fifteen 
stripes. Whoever brings cards or dice into this dominion 
shaU pay a fine of £5. When parents refuse their children 
suitable marriages the magistrates shall determine the point. 
A man that strikes his wife shall pav a fine of £10. A 
woman that strikes her husband shall be punished as the 
court directs. Every male shall have his ludr cut round 
according to a cap." The use of tobacco was interdicted by 
law. The code from which the above is nearly a full extract 
was never written, but was published orally by the selectmen, 
which consisted of the judges and pastors of the congrega- 
tion. A distinctive character likewise clung for a long time 
to the habits and feelings of the people of Pennsylvania, 
arising from the influence of that great and good man who, 
in laying the foundation of a large and influential State, 

Slanted with equal firmness the principles of piety which yet 
ourish in enduring memory of nim as the benefactor of his 
race. Like the influence of Puritanism, the religion of Penn 
infused itself into the laws and constitution of Pennsylvania, 
and has marked with the utmost distinctness the track of the 
Society of Friends whithersoever thev have gone. Impress- 
ing deeply its character on the early and untutored juris- 
prudence of the country, it was distinguished above that of 
the neighboring Colonies by clemency, forbearance, and 
justice; educat^ in such schools, the inhabitants of Penn- 
sylvania retained a long impression of their original stamp, 
perceptible at this day among the peaceful, honesty indus- 
trious, rural population of that State. 

Maine was visited by a small number of French in 1613. 
They made but a temporary sojourn; abandoning all idea of 
a settlement, they left that region of country forever. Pre- 
vious to the French, a company of English, under the guidance 
of George Popham, in the year 1608, reached America near 
the mouth of the Kennebec; began their settlement, but 
meeting heavy disasters, they abandoned the country in a 
great measure. In the year 1652 this Colony was granted 
to the pil^ims by the vote of the General Court in jBoston, 
before which the ^eat charter of the Bay Company was 
unrolled and the priority of title under the grant to Massa- 
chusetts established in preference to the patents under which 



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OF THB UNITBIi 8TATB8. 17 

Riffby and the heirs of Gorges claimed. The Colony finding 
itself in a weak and unprosperons condition, readily yielded 
to the decision of the court.* It will be equally interesting, 
which I propose doing at another time, to trace the origin 
and progress of the western ahd other portions of the United 
States. During the Revolution they were indeed unsettled ; 
though they had been visited, they cannot be considered as 
among the early Colonies of America. The most appropriate 
place for noticing their early history will be the time of their 
admission into the Union. 

Georgia was the last settled of the Thirteen Colonies that 
revolted from the government of Great Britain. It derives its 
name from George II., and was established by his authority. 
The supporter and leader of a colony that sailed from Grave- 
send, in 1732, and landed at the present site of Savannah, 
was James Oglethorpe; his small band consisted of one hun- 
dred and thirteen persons. A treaty was soon made with 
the Indians, which resulted in the cession of a considerable 
tract of land. For the purpose of defending the Colony it was 
first granted as militarv fiefs, on condition that they would, 
when required, appear m arms. The Spaniards laid claim 
to Georgia, and Oglethorpe engaged at once in the defence; 
he constructed forts at Augusta and Frederiea. Immediately' 
after their completion, the Spaniards sent against him three 
thousand men. This invasion forced the governor to retreat, 
as, besides a few Indians, he had not more than seven hundred 
men. An ingenious stratagem rescued the party from entire 
destruction. A French soldier deserted and went to the 
Spanish camp. Oglethorpe knew the deserter would inform 
the enemy, and give information of the exact condition of 
the army; he consequently addressed a letter to this de- 
serter, requesting him to acquaint the Spanish army of his 
defenceless position, and urge them to the attack. If this 
was done, he was to persuade them to remain three days at 
Fort Simons, as within that time he would have a force of 
two thousand land troops with six ships of war. The letter 
was given to a Spanish prisoner, under promise that it should 
be delivered to the deserter; but, as was expected, it was 
handed to the commander of the Spanish forces. A portion 
of the army expected by Oglethorpe made its appearance; 

* Bancroft, toI. i. p. 480. Mass. State Papers, Case L, File YIL, Nos. 
4,20,58. 



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18 CONSTITUTIONAL HISTOEY 

the Spanish army, anticipating some stratagem, abandoned the 
post and fled. Georgia for many years languished, espe- 
cially in its earlier days, owing in a great degree to the pe- 
cnliar tenure of the lands, the restriction of the importation 
of rum, which deprived the country of its trade with the 
West Indies, and threw upon their hands, without a market, 
an article with which the country abounded, — lumber, — ^from 
which they ultimately realized immense profits; and lastly, 
the prohibition of trading and introducing slaves into the 
Colony. I have summarily glanced at the condition of some 
of the principal settlements that formed themselves into sepa- 
rate Colonies, most of which had a separate grant, differing 
in some respects from the surrounding settlements, whilst a 
few emigrated, as has been mentioned, n*om older settlements. 
Their history has been traced until they reached the number 
which bore us through the Revolution, they maintaining their 
distinctiveness as Colonies, yet mingling their interest in a 
common cause. 

It will not be amiss in this place, as the present chapter is 
designed as an introduction, to notice the causes that induced 
our forefathers to revolt from the dominion of Britain, which 
resulted in the establishment of libertv for themselves and 
posterity, and in linking together a confederacy the most dis- 
tinguished among the governments of earth, with a Constitu- 
tion plain and simple, yet sufficient for the government of 
man in the complexity of his wants and actions. It was 
designed for a people requiring the slightest possible govern- 
ment, the highest merit of which will be found that, in its 
administration, it recognizes virtue, intelligence, patriotism, 
as the chief and only enduring props of government. 

Frequent collisions occurred, in relation to the Colonies, be- 
tween England and France. It is clear, beyond dispute, that 
England had the advantage as far as depended on discovery; 
but, as regarded occupation^ the claims of France were in 
some respects superior. Jamestown and Quebec were settled 
in fifteen months of each other. As late as 1753 France had 
possession of Canada, as well as an extensive territory on the 
Mississippi. Her effort was by a military chain, stretching 
along the Ohio and the Lakes, to bind these two distant 
settlements together. Constant disputes existed between the 
French and English. Complaints reaching the ear of Din- 
widdie, then Governor of "Virginia, he dispatched on the last 
day of October, 1758, a major of militia, as the bearer of a 



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OF THl UNITKO 8TATB8. 19 

remonstrance^ to the French commandant stationed near the 
Ohio. George Washington, then just of age, oflFered his ser- 
yices ; with only one companion and a ran, the yonthfnl hero 
and ^tore statesman proceeded on his journey. On the 12th 
of Decemher he delivered the letter in person to the French 
commander. Washington hastened hack with the reply, and 
delivered it to the governor ahout the 15th of January, 1754. 
Historians have traced the events that ensued. Hostilities 
were commenced by a surprise and capture of a French force, 
at a place known as the Great Meadows; at which place 
Washington acted as lieutenant-colonel. 

The English Colonies, during a greater part of the time of 
the difficulties with the French, were true and loyal to the 
crown, resisting all aggression from abroad with patriotic 
fervor and zeal ; they 1^ not at this time thought of resist- 
ance to the Mother Country. Had not British cupidity and 
gTanny, by a series of burdensome enactments, driven the 
olonies first to protestations and ultimately to arms, the 
Mother Country might have enjoyed for a long series of years 
a large and constant accession to her revenue &om the Ameri- 
can Colonies. During the earlier years of the Colonies the 
Mother Country exhibited no tenderness, yet there was an 
absence of that rigid policy practiced by the English govern- 
ment, which first occupied the minds and engrossed the atten- 
tion of the ministry immediately after the attempt to abro- 
fite the American charters, which was about the year 1720. 
bout the same period. Sir William Keith, who had been 
the Governor of rennsylvania, endeavored to extend the 
stamp-act of England over the Colonies. The measure at 
that time met no favor. Sir Robert Walpole, the firm friend 
of the Colonies, the fearless and upright advocate of justice, 
opposed the measure. "I will leave," said he, "the taking 
of the British Colonies for some of my successors, who may 
have more courage than I have and be less a friend to com- 
merce than I am." The policy of Walpole was just and 
eminently judicious; he knew, from the monopoly of trade 
enjoyed by England, that the exchequer would be more con- 
stantly replenished than by levying onerous duties, the ten- 
dency of which was to crush the energies and cripple the 
resources of the Colonies without bearing the slightest ap- 
proximation to an adequate return to En^and. 

Previous to the year 1720 the commercial policy of Eng- 
land had been content with enjoying the monopoly of trade 



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20 ooaraiiTvnoiUL msromT 

with the Coloniefl) which was the wisest position she could 
occupy; after which period a new commercial system was 
introduced. The Colonies had rapidly increased in numbers 
and resources, when, by an overreaching cupidity, the British 
government, in the vain endeavor to extricate herself from 
the distressing accumulation of debt arising from wars, sought 
relief by resorting to heavy and imjust requisitions upon 
America. Thus England planted in the soil she fain would 
exhaust those princi{ues which, in their growth tind progress, 
nursed by the fostering care of her transatlantic children, 
served to cripple rather than advance the interest of the 
Mother Country. Her loyal subjects had ascertained their 
strength and skill by upholding with a firm and fearless hand 
the interest of England when assailed by the French Colonies ; 
they knew their own prowess c<mld be relied on ; they de- 
termined not to submit. No occurrence could have pro- 
duced more surprise; history presents no like instance of 
folly to the course pursued by the English ministry. 

Tribute was levied on every branch of industry ; as far as 
practicable eyerj form of consumption was secured to British 
manunictures. The manufacture of hats, upon the 
1^'^ remonstrance of the London company of hatters, 
was protected by statute, forbidding the transporta- 
tion of hats from one plantation to another. The English 
iron masters, becoming jealous of American industry, the 
House of Commons passed an act declaring, ^^ that 
the erecting manufactories in the Colonies tended to 
lessen their dependence on Great Britain." "In the forma- 
tion of the colonial system, each European nation valued most 
the Colonies of which the products interfered less with its own. 
Jealous of the industry of New England, England saw with 
exultation the increase of its tropical plantations. It was 
willing, therefore, to check the North, and favour the South. 
Hence, permission was given the planters of Carolina, and 
afterwards of Georgia, to ship their rice directly to any port 
in Europe south of Cape Finisterre." The Southern plan- 
tations were consequently considered of more importance 
than those of the North. After a long discussion, 
6 Geo. n, gjj 3^^ Qf parliament was passed, esteeming the pros- 
perity of " the sugar plantations in America as of 
the greater consequence to the trade of England;" and 
likewise imposing a duty of ninepence on every gallon of 
rum, sixpence on every gallon of molasses, and five shillings 



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09 THB UNITED 8TATB8. 21 

on erery bundredweight of sugar imported from the Colonies 
into any of the British plantations ;* subjecting, by this un- 
fair system, the trade of the Northern Colonies to that of the 
West Indies. The inimical and unjust policy of the English 
government was urged and insisted upon by some of the most 
prominent statesmen of England ; whilst, to add accumulated 
injury to oppression, George Grenville, in the year 1765, 
brought forward a measure which, though previously discoun- 
tenanced, was at this time easily adopted and avariciously 
seized upon — ^the odious stamp-act — ^bv which every instru- 
ment of writing, all law documents, and contracts, were to be 
void unless written upon stamp-paper. Newspapers, pam- 
phlets, and almanacs, were likewise required to be printed on 
stamp-paper. 

Charles Townshend, when this discussion was under con- 
sideration, expressed himself warmly in its behalf. ^^ Chil- 
dren," said he, "planted by our care, nourished by our indul- 
gence, till they are grown up to a degree of opulence and 
strength, and protected by our arms, will they grudge to 
contribute their mite to relieve us from the weight of that 
heavy burden under which we lie ?" This elicited a warm 
and animated reply from Colonel Barre, true, eloquent, and 
just. "They planted by your care!" said he; "no, they 
were planted by your oppression; they fled from tyranny to 
an uncultivated, inhospitable country, where they exposed 
themselves to all the hardships to which human nature is 
liable. They nourished by your indulgence ! they grew up 
by your neglect. As soon as you began to extend your care, 
that care was displayed in sending persons to guU them in 
one department and another, who perhaps were the deputies 
of deputies to some members of this House ; sent to spy out 
their liberties, to misrepresent their actions, and to prey upon 
their substance. They protected by your arms ! they have 
nobly taken up arms in your defence ; have exerted a valor, 
amidst their constant and laborious industry, for the defence 
of a country whose frontier was drenched in blood, whilst 
its interior parts yielded all its little savings to your emolu- 
ment.' 

There existed with the ministry a fixed determination, 
which, originating in pecuniary distress, assumed, when op- 
posed by the best and most enlightened patriots of the realm, 

* Bancroft, toL iii. p. 885. 

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22 OONSTITUnOKAL HISTOBY 

a partj aspect, mingled with acerbity at home, and tempered 
with a strong resentment towards the Colonies. In vain did 
the bold and fiery eloquence of the immortal Chatham, urging 
his own sublimated sense of ^'ustice, fall upon the House of 
Lords ; unheeded the deep philosophy of Burke, who, calmly 
surveying the power of the growing Colonies, persuaded the 
British Senate to forbear. Side by side stood the statesman 
and philosopher ; strength of eloquence and force of wisdom 
passed unfelt before a weak and rapacious majority, incited 
by the parasites of a weaker monarch and the fatlings of his 
favor. 

Conspicuous among the friends of young America, whilst 
he looked upon her growing energies with tender considera- 
tion, exhibiting a patriotism towards the Mother Country 
founded on genuine principle and foresighted sagacity, stood 
the Marquis of Granby, who, from the fullest conviction of 
right, exclaimed, — " I disclaim eyerj idea both of policy and 
right, internally, to tax America ; I disclaim the whole sys- 
tem : it is commenced in iniquity, it is pursued with resent- 
ment, and it can temdnate in nothing but blood." 

Lone will be the grateful remembrance, in the bosom of 
honorable soldiers and distinguished patriots, as they reflect 
upon the noble bearing of Lord Effingham, who resigned his 
militarv commission rather than bear arms in a cause he 
deemed unholy. Freely expressing himself, he declares in his 
own emphatic way, — " It is no small sacrifice which a man 
makes who gives up his profession ; but it is a much greater 
when a predilection, strengthened by habit, has given him so 
strong an attachment to nis profession as I feel. I have, 
however, this consolation, that by making this sacrifice I at 
least give to my country an unequivocid proof of the sin- 
cerity of my principles.' 

These examples, and this recurrence to the political history 
of the times, are mentioned in no spirit of complaint, but to 
show the high and righteous position of the Colonies, in the 
steps they took towards the Mother Country. Why should 
any citizen of the United States object ? It placed them in 
the right, invoked the justice of Heaven in their cause, and 
was the prelude to the development of that principle of liberty 
which has not only made us a nation of freemen, but shed its 
halcyon light over the civilized world. The pages of history 
attest, and the patriot will never forget, how our forefathers 
marked their very footsteps with blood ; and whilst many died 



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OF THB UKITBD STATES. 28 

amidst the clash of arms, their memory is more endeared to 
posterity. Who would not share their glorious lot ? Who 
would not die the death they chose ? 

The interest of North America was cherished by many 
who, not conspicuous in the annals of their country, yet with 
a firm heart and unshaken steadiness of purpose, left their 
home, to see no more their native hills, to swell the tide of 
emigration flowing towards the Colonies. England lost many 
of her most cherished sons and daughters. Ireland, unhappy 
land, rich though it be in song and genius, poured her chivalric 
boys and bonme lasses into this land of promise. There came 
too from the land of steady habits, from old Scotia's shore, the 
plain and honest Scotch. These, the pioneers who settled 
and formed the Colonies into a strong and enduring union, 
had penetrated the deep forest, and, amidst the difBculties of 
nature, the prowling wild beasts, and more dreaded savage, 
planted the white man's habitation. Here, with their friends 
and families, they discoursed of liberty: the impetuous rivers 
had been ascended, the forest echoed to the advancing foot- 
steps of civilization. Here hardy industry, that defied the 
suns of summer and the chilling blast of winter, determined 
the future destiny of this country ; whilst England, experi- 
menting on those feelings imbibed from her own Revolution, 
unmindful of the power they had acquired in the western 
wilds, was alike unconscious of the energy she was ex- 
erting. 

Progress marked the characters of the Colonies. In 1738, 
forty-one topsail vessels — six thousand three hundred and 
twenty-four tons — ^were built in Boston. In its vicinity the 
increase of population frequently justified the division of 
townships. The maritime enterprise of Maine became, after 
the settlement of the French difficulties, flourishing. At the 
time of the treaty of Utrecht, the inhabitants of the Colonies 
numbered nearly four hundred thousand; before the termina- 
tion of peace they were nearly ei^ht hundred thousand. 
Before the Colonies had assumed a distinctive character, or 
developed their purpose, many difficulties bore heavily upon 
them, independent of the acts of direct aggression inflicted 
by the English ministry. The financial difficulties of the 
Colonies were oppressive to the heaviest degree, occasioned 
by their commercial dependence on the metropolis. It is 
impossible for a new country to keep free from debt: the 



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24 COKSTITUnONAL HISTORY 

Colonies required credit, which was obtained by the stem en- 
forcement of the mercantile system, yet with prospects pano- 
plied by clouds, hope, and relief, still beamed in the distance; 
nature opened on every side lier rich resources, requiring but 
the hana of industry to present to the young and aspiring 
sons of the New World abundant riches ; spreading induce-, 
ments from the ocean to the mountains for the investment of 
capital that would ultimately build up the grandeur and opu- 
lence of a vast republic. With such assurances, relying upon 
a return in multiplied ratio, the colonists were induced, before 
the commencement of the Revolution, to bear with a system 
they saw was regularly increasing their indebtedness to the 
Mother Country. Labor of every description was in demand ; 
the highest wages were paid every kind of operative. The 
war of the Revolution came before the result of the active 
enterprise of the country had been realized. This abiding 
debt required a constant remittance to the Mother Country, 
which left us without a currency. The only remedy that 
offered itself was under the circumstances a dreadful one, — 
the manufacture of bills of credit, and the institution of loan 
offices, as they were called. 

The first emission of paper money had its ne- 
cessity from the embarrassment of the Government. 
^^^^^ They were redeemable at some distant day, and 
were thrown into circulation by loans to the citizens, 
at a reduced rate of interest, secured by mortgages on lands. 
These bills would have been worthless had they not been 
made a legal tender, which gave them an active circulation; 
this unreal enlargement of the currency was gratefully re- 
ceived, and appeared at first beneficial. It was, however, 
soon discovered that specie grew scarce every month, owing 
to the heavy drafts from the Mother Country. A rapid de- 
preciation of this paper consequently ensued, which seemed 
to incite the desire for an enlarged issue. The farmers were 
in a critical condition. Their lands had been mortgaged. 
Specie could not be obtained except in very sipall quantities. 
Real estate fell in value, whilst the constant depreciation of 
the currency worked an accumulated indehtment on the part 
of the people. After great embarrassment the evil gradually 
healed itself, but not without serving to enhance the bitter- 
ness of the colonists against the Mother Country, in refer- 
ence to which disputes had already been rife. The queen 
had issued a proclamation which was nugatory, attempting 



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OF THB UNITBD STATBS. 25 

the regnlAtion of the value of coin between the two conntries^ 
giving one value in England and another in America. 

The Colonies, surrounded with difficulties, pressed down bj 
pecuniary embarrassment, had scarcely become quiet by the 
yielding spirit of the Ministry, in reference to the stamp-act, 
when an impolitic scheme, concerted between the Ministry 
and East India Company, arrayed the parties again on con- 
tending ground. The act passed in 1773, in reference to the 
duty on tea, so excited the Colonies, especially the citizens 
in and near Boston, they determined the cargoes from the 
East Indies should not be landed. They were thrown over- 
board. Intelligence of the transaction reached the British 
Ministry. During the next year an act was passed restrain- 
ing all intercourse bv water with the town of Boston. The 
port was closed. The government and public officers re- 
moved to Salem. 

A tax, though a small one, levied in defiance of human 
rights, had once kindled the flame of war, and urged the in- 
trepid Hampden to violent resistance against the arm of his 
country, which rolled on in successful energy until a mighty 
revolution presented itself to the world, carrying on its bosom 
the seeds of reform, which bravery and determination, nur- 
tured by a true spirit of patriotism and philanthropy, grafted 
not only on the pillars of the British throne, but implanted 
deeply in the heart of those who sought a distant home amid 
the wilds of the New World. The same feeling, caught in the 
fervency of its inspiration, fired the hearts of the Colonists. 
The unjust tax accruing from the tea-act was inconsiderable. 
A mighty principle was at stake. The time to assert it was 
before the exercise of tyranny by one party had subdued the 
love of freedom in the other, and whilst the wounds of accu- 
mulated wrong and injury were fresh and bleeding. 

The war of the Revolution dates from this period. The 
Ministry despatched 10,000 men to be stationed at Boston. 
It would be foreign from the plan of this work to go into the 
details of history, familiar as they must be to the reader. The 
causes of the Revolution, the political events that preceded, 
have been hurriedly traced. 

The incipient and ultimate character of the Revolution, 
whilst it struck the world with amazement, is looked to by 
Americans with the purest and most devoted feelings. Un- 
allied to those created by an empty admiration for the pa- 
geantry of warfare, or that stupid man-worship which distin- 

VoL. L— 8 



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S8 00H8TIXUTIONAL HI8T0KT 

ffoiBhes the soldiery of the Old World, overoome as they are 
by blind devotion to material splendor or the sncoessful 
leader, instead of an intelligent appreciation of the moral 
and political principles that flow from a well-fonnded revolu- 
tion. The reader will perceive the entire change which 
ensued in the character of the Revolution during its progress. 
After the Colonies had determined on resistance, after hos- 
tilities had commenced, few felt disposed to undertake a war 
for independence. The pride of political birthright kept 
alive a loyal spirit. The question of independence, agitated 
to a certain but limited extent by the States, met with no 
recognition from the first and second Oonffress. As early as 
the year 1755, ^^the freeholders and omer inhabitants of 
Massachusetts Bay, Rhode Island, and Providence Planta- 
tion, New York, New Jersey, Pennsylvania, the government 
of the counties of New Castle, Kent, and Sussex, upon the 
Delaware, and the Province of Maryland," presented a most 
loyal petition to the King, which was adopted by Congress in 
1765, as the prevailing sentiments of the people. This paper 
represents the Colonists as lawful subjects, attached to the 
throne, and petitioning only as British subjects. In a me- 
morial to Parliament^ adopted the same year, the following 
language appears : — ^* That from the natural connection be- 
tween Great Britain and America, the perpetual continuance 
of which your memorialists most ardently desire, they con- 
ceive that nothing can conduce more to the interest of both 
than the Colonists' free enjoyment of their rights and liber- 
ties, and an affectionate intercourse between Great Britain 
and them." The Declaration of Rights, adopted by Con- 
gress, October 19th, 1765, breathes the same loyal spirit. 

It sets forth the grievances that oppressed the Colonists. 
Congress at that time said, — ^^ That his Majestjr's subjects in 
tiiese Colonies owe the same allegiance to the Crown of Great 
Britain that is owing from his subjects bom within the realm, 
and all due subordination to that august body, the Parliament 
of Great Britain." These papers, whilst they contain the 
germ of freedom, show, more abundantly than the extracts I 
have been able to make, the friendly disposition of the Colo- 
nies towards the Mother Country, in the earlier stages of our 
difEculty. Pacification was their first feeling ; a pure confi- 
dence in the justness of their cause ultimately inspired 
strength sufficient to enable them to strike for Independence. 



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OF THB UNITXD 8TAT18* ST 

In 1754 the New England States, Pennsylvania, Maryland, 
and New York, appointed delegates, who met in June of that 
year. On the 4th of July of that year they adopted a plan 
of ^yemment.'*' Dr. Franklin, equal to the most eminent 
and distinguished statesmen of that day, remarkable for cool, 
dispassionate reason and sound judgment, was the chief actor 
on the occasion: his plan, though exceedingly bold, was 
adopted unanimously, except the vote from Connecticut. He 
proposed a Q-eneral Q-ovemment^ a President, appointed by 
the Crown, with a Council elected by the Colonial Legisla- 
tures, with all the legitimate powers of government free from 
the control of the Crown. This plan was not only rejected 
by the Colonial Legislatures, but indignantly scouted from 
the British Cabinet. Eleven years afterwards (1765^ the 
corresponding committee of New York proposed holding a 
Congress of Delegates from all the Colonies. On the 7th of 
June the Assembly of Massachusetts addressed a circular 
letter to the SpeeJcers of the Provincial Assemblies. This 
letter was moderate in its tone and character : it urged a 
meeting ^^ to consult together on the present circumstances of 
the Colonies, and the difficulties to which they are and must 
be reduced, by the operation of the acts of rarliament for 
levying duties and taxes on the Colonies ; and to consider of 
a general and united, dutifulj loyalj and humble representa- 
tion of their condition to his Majesty and to the Parlia- 
ment, and to implore relief." This letter, from which the 
above is an extract, fixed New York, and the first Monday in 
October, as the place and time where and when this Coi^resf 
should meet. It was received with ^eat approbation. JDele* 

gites were appointed by the Legislatures of the different 
olonies. Nine of the thirteen were represented : it being 
earlier than the Assemblies of New Hampshire, Virginia, 
North Carolina, and Georgia met, they did not send dele- 
gates. They respectively wrote they would agree to whatever 
was done by the Congress. New York was represented by 
the corresponding committee. Thus was instituted ^^^ 
the first ColoniiQ Congress. A most impressive 
spectacle: its moral and imposing grandeur must even at 
this day make a deep and solemn impression upon the mind ; 
abiding injury and unatoned wrong had been neaped upon a 
young and unoffending naticm. 

«LoMiBfrp.U. 



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38 CONSTirUTIONAL HISTORY 

Cool, oalm, reflecting men had assembled, undismayed by 
the power of the throne, nerred, by a consciousness of out- 
rage, to the most desperate determination. They felt they 
were not performing an experiment, but practicing a duty 
they owed themselves and their country. They were to hold 
free and fearless conyersation with the most powerful nation 
of the earth, fraught with eminent peril, because they were 
to confront England with abuse, ill-treatment, and tyranny ; 
and though death be the consequence, a sense of patriotic 
duty nerved them to their purpose. They were willing to 
remain British subjects with the rights of citizens, but their 
manly hearts revolted at the thought of being British slaves. 
Though remote from the stirring events of the Revolution, in 
this Congress were the seeds of that convulsion which, re- 
sulting in the freedom of the North American Colonies, may 
be considered equal to any event ever consummated by man. 
Here were the "Fountain Springs" of liberty to the Colo- 
nies, the Ovum ReipubliccB of Young America. 

Timothy Buggies, of Massachusetts, was chosen chairman ; 
John Colton appointed clerk. Congress sat fourteen days : 
the papers from which I have made short extracts, and others 
to wnich I have alluded, were adopted at this Congress. A 
declaration of rights, penned by John Cruger, a delegate 
from New York, a petition to the king, written by Robert R. 
Livingston, likewise from New York, and a memorial to both 
Houses of Parliament, were also adopted. This Congress 
consisted of twenty-seven delegates ; its acts were received 
with entire unanimity by the Colonies. I shall leave the 
reader to other histories for a knowledge of the events that 
ensued for the next nine years. In 1774 the annals of Vir- 
ginia spoke the part our own beloved State determined to 
take in the approaching contest, should one ensue. The 
House of Burgesses of Virginia was in session when the 
Boston Port BUI arrived : it was received amidst vast excite- 
ment. When the first ebullition of feeling had subsided, the 
House of Burgesses resolved that the first of June Ton which 
day the bill was to take effect) should be "A day ot fasting, 
humiliation, and prayer, devoutly to implore the Divine inter- 
position in averting, the heavy calamity which threatens de- 
struction to our civil rights, and the evils of civil war ; and 
that the minds of his Majesty and his Parliament may be in- 
spired from above with wisdom, moderation, and justice, to 
remove from the hyal people of America all cause of danger 



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OF THB UNITBI) 8TATBS. 29 

from a continued pnrsnit of measures pregnant with their 
ruin."* 

Lord Dunmore, the Governor of Virginia, on the next day, 
May the 25th, dissolyed the House of Surgesses. The mem- 
bers repaired to the Raleigh Tavern, yet standing as a me- 
mento of the hallowed occasion, to remind the rising gene- 
ration, as it gathers at Williamsburg and clusters around that 
venerable seat of learning, of the patriotism of their ^Athers, 
whose just indignation despised and spumed the petty tyranny 
of the colonial governor. In this old tavern, in a room known 
then, as now, as the Apollo, they prepared an address to the 
people ; in which paper, amouff many just and true measures^ 
was a proposition for a Generd Confess of deputies from the 
different Colonies. ^ Six days after the recommendation of the 
members of the dissolved House of Burgesses, of Virginia, 
a similar recommendation was made by Massachusetts. Arm 
in arm and shoulder to shoulder stood, from the earliest day 
of trouble, Virginm and Massachusetts : far distant from each 
other, with imperfect and tardy means of communication, a 
common feeling and kindred spirit was often developed by 
the similarity of their acts, whilst the one was ignorant o£ 
what the other was doing. They were members of the same 
family, educated in the same school, nursed and rocked upon 
the same billowy waves of adversity, and, though a rugged 
distance rolled between them, one sentiment and one heart 
was ever felt and in constant action. Long may a remem- 
brance of early friendship serve to keep alive a constant and 
brotherly feeling. 

On the 26th of August, at Williamsburg, Virginia held an 
assembly, and appointed delegates to a General Congress. 
The other Colonies followed her proud example. Before the 
end of the month, a full representation from twelve of the 
Colonies had been selected. They were chosen by the respec- 
tive Colonial Legislatures. No ^Province sent less than two 
or more than seven. The New York Assembly refused to 
elect delegates. The people of New York were as devoted 
to the interest of the Colonies as any of that day. Their 
delegates were consequently elected by town meetings. 

On the 5th of September, the General Congress ini. 



* This extract from the proceedings of the House of Burgesses, like ex- 
tracts from other papers I have used, shows the original character of the 
KeYolution was not a war for IfuUpiodence, 



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80 00K6TITUTI0FAL HISTORY 

assembled at Philadelphia. They met at. Carpenter's Hall; 
were organized by the appointment of Peyton Randolph, 
of Virginia, President ; and Charles Thomson, Secretary. Con- 

Sess consisted of fifty-five delegates, representing twelve of 
e thirteen Colonies. Georgia was unrepresented. This Con- 
£ess had been convened to take into consideration the hard- 
ips inflicted on the Colonies by Great Britain. A high and 
responsible duty rested on those brave, wise, and patriotic men. 
It was the most trying and difficult task ever then imposed 
npon them. No period had existed in which their lives and 
the fate of the Colonies were more deeply involved. By 
reference to the addresses and petitions adopted by this Con- 
gress, from which I have already made a few extracts, it is a 
dear conviction on my mind, that no fixed idea of throwing 
off the yoke of English Government had, at that time, occu- 
pied the minds of the people or Congress. 

In the language ot an eminent and accurate American 
scholar and biographer, — '^ It is not easy to determine at 
what precise date the idea of Independence was first enter- 
tained by the principal persons in America. English writers, 
arguinff from the conduct of the Colonists, have commonly 
charged them with secretly harboring such designs at a very 
early period. This is not probable. The spirit and form of 
their mstitutions, it is true, led them to act frequently as an 
independent people, and set up hi^h claims in regard to their 
rights and privileges ; but there is no sufficient evidence to 
prove that any Province, or any number of prominent indi- 
viduals, entertained serious thoughts of separating entirely 
firom the Mother Country, till very near the actual commence- 
ment of the Revolutionary War. * 

Yet it is to be remembered there were some bold spirits 
who, from the first, seemed to think that reconciliation was 
impossible. Among them stood most conspicuously the elo- 
quent and illustrious Henry, as distinguished for virtue, bold- 
ness, and patriotism, as for matchless oratory ; who, as far 
back as 1778, speaking of Great Britain, said, — ^^ She unll 
drive us to extremities ; no accommodat;ion will take place ; 
hostilities will soon commence, and a desperate and bloody 
touch it will be."t The people of the Colonies not only 
looked with restless anxiety to the action of this Congress, 

* 8purki*i Life of Wftshington, toL L p. 122. Boston, Tappan k Dennet 
t This, Mr. Wirt saji, was atter«d in the presenoe of GoL 8. OrerUm. 



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or THl UHITBD 8TATB8. 81 

but the pen was employed with zeal and actiyity in behalf of 
the oppressed citizens of America. In the hands of those 
fifty-five firm and cool-headed statesmen rested the destinies 
of the thirteen Colonies. Firmness was essential; caution 
equally so. Whilst all eyes were directed to them as the 
pivot on which their weal or woe must turn, they wisely 
adopted a policy which, leaving open the door for concilia- 
tion which they desired, it could yet be seen by the Mother 
Country that a spirit of determination, 

« Biild as the breese but dreftdAil m the storm," 

was latent in the unpretending modesty of this assembly of 
American statesmen. There never met on any purpose of 
deliberation any number of men who excelled in intellect, 
sound judgment, and disinterested purity, those who formed 
this Congress. Pitt, the great and distinguished light of 
English statesmanship and diplomacy, after an attentive 
reading of the various papers that emanated from this body, 
said, — " That for solidity of reasoning, and wisdom of con- 
clusion, under such a complication of circumstances, no na- 
tion or body of men can stand in preference to the General 
Congress at Philadelphia." 

These sagacious men, looking abroad, saw that strength and 
support might be reckoned on and gathered from Europe. 
In England there were many who mingled their deep sym- 
pathy with the distant and oppressed citizens of America, 
ifo event would have brought greater joy to some of the 
continental governments of Europe, than an open rupture 
between England and her Colonies. France and Spain were 
the sworn enemies of England, and would have grasped with 
eagerness any opportunity, consistent with the principles of 
national law or the force of recognized treaties, to have facili- 
tated such tendencies. 

Wisely was it determined by this Congress not to run 
blindly or madly into a contest, the result of which was 
dreaded by the stoutest hearts and most sanguine tempers. 
They resolved on the second day of the session to proceed 
with closed doors. They then took into consideration the 
condition of the Colonies, carefully examining all the mea- 
sures of the English Government. They yet held out the 
olive branch of peace. Every act and deed which had 
brought dismay, sorrow, and trouble upon unoffending Ame- 



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t2 COVSTITUTIONAL HISTORT 

rica, were rigidly reviewed, and the cause of complaint pre- 
sented in a trae and faithful garb, through petitions and 
addresses to the Mother Country.* 

These papers, after enumerating the grievances that op- 

Eressed the people of the Colonies, asserted their rights: 
fe, liberty, and the right to enjoy their property ; the right 
of maintaining at home the trial by jury, and of taxing them- 
selves; all of which they claimed as JEnglish citizens^ as 
rights, time-honored in the Mother Country, and belonging 
to the Colonists as loyal subjects. Letters were addressed 
to the Colonies of Georgia, St. Johns, Nova Scotia, and the 
Floridas, inviting their co-operation in another Congress, which 
was determined should be held on the 10th of May foUowinff, 
After sitting from the 5th of September to the 263i 
of October, Congress adjourned. The pe^ople greeted 
their acts with applause. The papers sent to the King and 
Parliament received a cold reception, which served to kindle a 
livelier spirit of resentment. That good old man of those 
dark and trying days, Samuel Adams, had uttered, as with 
the rapture of inspiration, words that were wafted over the 
country in the spirit they were spoken, and firmly planted in 
the hearts of the Colonists. "I should advise," he said, 
" persisting in our struggle for liberty, though it was revealed 
from Heaven that nine hundred and nmety-nme were to perish, 
and only one in a thousand were to survive and retain his liberty. 
One such freeman must possess more virtue and enjoy more 
happiness than a thousand slaves ; and let him propagate his 
like, and transmit to them what he hath so nobly preserved." 
The transactions of Congress, as they became known to the 
country, were received with almost unanimous approbation. 
New York alone interrupted the general unanimity of feeling 
that existed at this time towarcb the English Government. 
The non-consumption and non-importation laws were more 
especially unpopular with many of the citizens of the city of 
New York. Here there were many wealthy men, largely 
engaged in commerce. Their relative position with the Mo- 
ther Country had made them subservient in their loyalty.f 

* These documents are fonnd in the Joumftl of the first Continental 
Congress. They also passed a non-oonsumption, non-importation, and 
Aon-ezportati<m law, which received the signatures of eveiy member. 

f The following note is taken from a recent work of merit and erudition, 
by J. B. Lossing, to whom I acknowledge my indebtedness for many sug- 
gestions contained in this chapter. It was at this time that the appellation 



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OF THB UNITBD 8TATBS. 88 

The general feeling of America could not now be tamed ; 
thej were aroused from one end of the land to the other« 
The succeeding year, 1775, was one of great and abiding 
interest. A voice had reached the British Parliament which 
could not be mistaken. It met on the 19th of January : the 
former friends of America, with Pitt and Burke at their head, 
were present. There, too, was the relentless North, with his 
series of measures, to coerce the Colonies. On the 10th of 
February, he asked leave to bring into the House of Commons 
a bill providing for the destruction of the trade of New Eng- 
land and their Fisheries. This bill, after exciting a stormy 
debate, was passed by a vote of one hundred and eighty-eight 
to fifty-five. 

Burke, this year, throwing his vast and mighty J^^ 
talent not only in the scale of humanity, but of 
justice, presented his plan for Conciliation. It was, like the 
eflTort of others, madly rejected. 

Quern deu8 vult perdere prius dementat. 

The faithful page of history has traced the events of this 
year. Be it ever remembered, but no longer with sorrow, to 
America. The grand drama was opened on the 19th of April. 
The battle of Lexington commenced the war of the Revolu- 
tion. The brave and timid, the rash and cautious, the con- 
fident and the doubtful, met with one accord and with one 
mind. The events of that day were attended with the greatest 
importance : the result was gratifying to the Colonists, and 
nerved every arm with new and untiring vigor. No longer 
need the voice of humanity be raised for conciliation; all 

of Tory was applied to the royalist, and the term Whig assumed by the 
patriots. The origin of the term is variously giyen. Bishop Burnet, in 
his history of his own times, gives the following explanation : — ** The south- 
west counties of Scotland have seldom com enough to serve them round 
the year, and the northern parts producing more than they need, those in 
the west come in summer to buy at Leith the stores that come from the 
north ; and from a word Whiggam, used in driving their horses, aU that 
drove were called Whiggamoresj and shorter, Whigga. Now in that year, 
after the news came down of Duke Hamilton's defeat, the ministers ani- 
mated their people to rise and march to Edinburgh, and then come up 
marching at the head of their parishes, with unheard-of fury, praying and 
preaching aU the way as they came. The Marquis of Argyle came and 
headed them, they being about six thousand. This was called the Whigga- 
more* inroad, and ever after that clU thai opposed the court came in contempt 
to be called Whigs ; and Arom Scotland the word was brought into England, 
where it is now one of our unhappy terms of distinction." 



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84 OONSTITUTIONAL HISTOBT 

now was stem defiance. This day was the harbinger of free- 
dom to the Colonies, whilst the loud drum-beat and the dis- 
tant cannon-roar proclaimed a day of dark and dismal woe 
to England. The light of freedom fell upon America : if the 
stream was at first dull, it was because the sun of a bright 
and glorious day of lasting liberty was but emerging from the 
clou£i that overhung the murky norizon of the lleyolution. 
^^ In the spring of 1775, the second Continental 

Congress met at Philadelphia. Delegates from the 
Colonies appeared and took their seats. In the previous 
Congress, as in all prior stirring events, Georgia had remained 
aloof; now, however, she had shaken ofi* her lethargy, and, 
catching the spirit of liberty from the excitement and exi- 
gency of the occasion, determined to live or die beside her 
sister Colonies in their noble and arduous struggle. On the 
20th of July, Congress received dispatches announcing that 
the Province of Georgia had appointed delegates. 

Randolph had been again elected President of Congress, 
and Charles Thomson, Secretary. On the 19th of May Kan- 
dolph resigned his seat in Confess, and returned home* 
John Hancock was unanimously elected to fill his place. 

The attention of Congress was first engaged with reports 
from the Colonies, detaiUng the various operations that had 
taken place bearing upon uie questions of war or peace with 
the Mother Country. The earliest action of this body was 
to place every Colony in a state of military defence. Before 
any definite action had taken place. Congress made another 
appeal to the E^g and Ministry. This address, 
^ ' prompted bv a spirit of loyalty to the Mother 
Country, recites briefly the manner in which hostilities had 
been conducted, breathes a liberal spirit, and hopes that steps 
may yet be taken which will lead to reconciliation. 

At an earlier day Congress had expressed, in 
^ * an address to the people of Canada, strong and 
decided feelings. "We are determined,*' says that high- 
toned paper, "for our parts, to live free or not at all; and 
are resolved that posterity shall never reproach us for having 
brought slaves into the world." By the 15th of June, all 
doubts had subsided as to the future course of the Colonies. 
On that day Congress adopted a resolution appointing a 
general to command the Continental forces, " raised for the 
defence of American liberty ; and allowing the general five 
hundred dollars per month." The appointment of a general 



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or THl UKITID STATBB. 85 

was a subject of the highest importance. Congress well knew 
the heavy responsibility that must rest upon whoever shonld 
be selected to train raw militia to fight against the veteran 
troops of €h'eat Britain, as well as the vital interest to be 
entrusted to him whose destiny it was to command an army 
which, when the conflict came, the effort for freedom or death 
was the game. At that time Gen. Ward was the most promi- 
nent military man : he then held command of all the forces 
of the East. But the germ of greatness, and the capability 
to command, with every virtue that makes man great, had 
been seen in another devoted patriot : he stood in their midst, 
not suspecting the high station to which he was about to be 
elevated. John Adams proposed the adoption of the Pro- 
vincial troops, at Boston, as a " Continental Army." Before 
concluding his remarks, he said it was his intention to propose, 
as commander-in-chief, ^'a member of Congress from Vir- 
ginia." Every eye was turned to him who, raised a plain 
surveyor, had exhibited judgment and bravery when, in earlj 
manhood, he had been m command upon the frontier of his 
country, and whose talent had been conspicuous in the Con- 
gress of 1774. 

When the day came on which the selection was to j^^ u. 
be made, Thomas Johnson, a delegate from Mary- 
land, rose, trembling with deep ana fervid emotion, and pro- 
posed the name of U-eorge Washington : none other followed. 
Washington was unanimously elected. The next morning, 
after Congress assembled, John Hancock, the President, com- 
municatea to him, officially, his appointment. Washme|ton 
made a brief reply, modestly distrusting his own abmty, 
accepting the trust, and declaring he did not intend to profit 
by it, (his pay was five hundred dollars a month ;) all he would 
receive would be his expenses, of which he intended to keep 
an exact account. He received his commission the 19th of 
July, signed by the President of Congress ; to continue in 
force until revoked by the present or some future Congress. 
About the same time four major-generals and eight brigadier- 
generals were appointed. "*" 



* Ward, C. Lee, Schuyler, and Putnam, were created mi^or-generals ; 
Pomroy, Richard Montgomery, Wooster, Heath, Spencer, Thomas SnlliTan, 
and Green, brigadier-eenerals. To them was added Gates, atj^jutant-general. 
Washington appointed Thomas Mifflin his aid-de-camp. (Lossing, p. 167, 
Aote.) 



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96 C0K8TITUTI0NAL HISTORY 

The year 1776 was replete with more stirring incidents than 
any previous one. It was not until that time a general spirit 
of independence had occupied the minds of the people. There 
had been but little manifestation up to this period to take that 
bold and daring step, with an open and determined expression 
of feeling, in favor of sundering the ties that bound the Colo- 
nies to the Mother Country. The honor of taking the first 
step, and this most important one, has been claimed by dif- 
ferent Colonies. Some fearless and ardent patriots had, pre- 
vious to this year, expressed their sentiments in favor of 
independence. Samuel Adams, R. H. Lee, Patrick Henry, 
Timothy Dwight, and others, stand conspicuously forth as the 
earliest personal advocates for independence. ^' In the month 
of July, 1775,*' says Dwight, "I urged, in conversation with 
several gentlemen of great respectability, firm Whigs, and 
my intimate friends, the importance and even the necessity 
of a declaration of independence.*' It is apparent, from 
reference to the political history of those times, that the first 
and most decided friend of independence was Patrick Henry, 
whose conversation with Mr. Overton has already been no- 
ticed as taking place in 1763. The earliest expression of 
public opinion by any body of people was on the 19th of May, 
1775, at Charlotte Court-House, m the county of Mecklen- 
burg, in the Colony of North Carolina. In April, Governor 
Martin had tried to prevent the assembling of a Provincial 
Congress at Newbem: it did assemble, however, approved 
the action of the last Congress, and appointed from the body 
of the people committees of safety. It was on the 19th of 
May, between twenty and thirty gentlemen, as members of 
the different committees, assembled at Charlotte Court-House, 
at which time Col. Thomas Polk read from the door of the 
Court-House a series of resolutions, which, receiving the 
sanction of the people of the county of Mecklenburg, have 
been treasured by faithful history, and presented to the world 
as the Mecklenburg Declaration of Independence, These 
resolutions were drawn up by Dr. Brevard, chairman of a 
committee appointed for the purpose, and are copied at length 
in a recent work of merit.* This paper was for a long time 
considered of doubtful origin; now, however, the truth of . 
history is vindicated, and an authentic manuscript copy is 

* Vide Foot's Sketches of North CaroUna. 



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or THB UKITBD STATES. 87 

yet preserred in the hands of Governor Graham, of North 
Carolina.* 

These resolutions, five in number, are bold and explicit. 
The third resolution is in the following words : — " That we do 
hereby declare ourselves a free and independent people, are, 
and of right ought to be, a sovereign and self-governing asso- 
ciation, under the coutrol of no power, other than that of our 
God, and the general government of the Congress ; to the 
maintenance of which mdependence we solemnly pledge to 
each other our mutual co-operation, our lives, our fortune, 
and our most sacred honor." 

In March of this year, the Provincial Congress of Virginia 
recommended a levy of volunteer troops in every county, for 
the better protection of the country. Henry was the mover 
of this resolution, which he advocated with more than his 
wonted eloquence ; working himself up to the highest state of 
feeling with that fervent heat which enkindled the patriot's 
heart, his last powerful declamation, fallmg like a blaze of 
heavenly light upon his audience, he concluded by exclaim- 
ing, — " I know not what course others may take, but as for 
me, give me liberty or give me death.'' North Carolina, when 
the Colonial assemblies be^an to agitate the subject, was the 
first to take bold and decisive ground for independence. On 
the 22d of April, her convention authorized their 
delegates in the General Congress " to concur with 
those in the other Colonies, in declaring independence." The 
General Assembly of Massachusetts spoke through her dele- 
gates to Congress, on the 10th of May, and '^ advised, that 
in case Congress should think it necessary for the safety of 
the United Colonies, to declare themselves independent of 
Great Britain, the inhabitants of that Colony, with their lives 
and the remnant of their fortunes, would most cheerfully 
support them in the measure." Virginia, though later than 
North Carolina or Massachusetts, uttered her voice with a 
clearer and bolder strain : speaking, as was her right, in a 
manner to be obeyed, she unanimously instructed her repre- 

* I find the following note in Lossing'e work, styled 1776, page 166 : — 
" Doubts haying been expressed concerning the truth of the alleged Meck- 
lenburg ConTention and its proceedings, the author of this work wrote to 
OoY. Graham, making inquiry touching his possession and the authenticity 
of the copy of these proceecQngs, alleged to be in his custody ; he politely 
answered in the affirmatiye, and they will appear among the State papers 
which the legislature of that State has authorized him to collect.*' 



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88 OOKSTITUnONAL HI8T0KT 

$entative$ on the 17th of May, that her delegates, she said, 
^' be instracted to propose to that respectable body, to declare 
the United Colonies free and independent StateSy absolved 
from all allegiance or dependence upon the Crown or Parlia- 
ment of Great Britain.' This was the most decmve step 
that had been taken, though not, as has been said by some 
€S9ayisUf the first. These resolutions are important in refer- 
ence to another topic to be discussed hereafter, — ^the position 
of the Colonies in reference to the Government of the United 
States ; for they still go on to say, — " And to support what- 
ever measures may be thought proper and necessary by Con- 
gress for forming foreign alliances, and a confederation of 
the Colonies, at such time and in such manner as to them 
may seem \mt ; providedy that the power of forming govern- 
ments for, and the regulation of the internal concerns of each 
Colony, be left to the respective Colonial lerislatures/' 

Virginia was the first State that formed a r^ular inde- 
pendent government, which she did very soon after this reso- 
lution was adopted ; after which Congress recommended to the 
difierent States the policy of adopting regular forms of inde- 
pendent government. The Assembrp^ of Rhode Island, in 
May of this year, directed the oath of allegiance to 
be taken to the Colony instead of the King. Their 
delegates to the General Congress were instructed to unite 
with the other Colonies upon the proper measures for pro- 
moting the ^^ strictest union and confederation between the 
Colonies, for exerting their whole strength and force to annoy 
the common enemy, and to secure the said Colonies their 
rights and liberties.'** 

The action of the difierent States followed in rapid suc- 
cession. The month of May had not passed before one com- 
mon feelinff had pervaded every Colony. Nearly every one 
spoke bolmy their sentiments, and avowed a determination 
that made it manifest they would take a high and lofty stand 
for independence. It cannot be denied, whilst the different 
Colonies (Maryland excepted) were determined on an expree- 
sion of their feelings in reference to independence, that some 
were much more explicit and forcible than others. New York, 
for example : on the 8th of June, the delegates from that 
Colony wrote to the Colonial Convention, asking advice on 
the question of independence. The Convention not feeling 

* Reoordfl of the Awemblj of Rhode Island. 



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or THB UNITED STATES. 89 

Mithorised to express any opinion, recommended, by resolu^ 
tien, that the people, who were shortly to elect new repre- 
sentatiyes, should instruct their delegates on the subject."^ 
On the 14th of June, a special convention was assembled in 
Connecticut, by which the delegates in the General Congress 
were instructed to ^^ give their assent to a declaration of in- 
dependence, and to unite in measures for forming foreign 
alliances and promoting a plan of union among the Colonies." 
It is curious to observe the proximity of time at which the 
Colonies, distant from each other, with scarcely any commur 
nication, expressed their feelings upon this grand question. 
On the 15th of June, the representatives of New Hampshire 
instructed their delegates to join the other CoUmiea on this 
question. On the 21st of this month, the convention of New 
Jersey instructed their delegates to join in declaring liie 
United Colonies independent, "if they judged it necessary 
and expedient for supporting the just rights of America. 
The period for a final and decisive vote before the General 
Congress was rapidly approaching. Nearly all the Colonies 
had spoken. Some time in June of this year, Penn- 
sylvania removed the restrictions which had been 
placed upon her delegation in November, 1775. No instruc- 
tions, however, were riven one way or the other. I lament 
to find one link broken in this beautiful concatenation of 
events. Maryland, by a resolution passed late in the monUi 
of May, positively forbade her delegates voting for inde- 
pendence. Whilst this general feeling was increasing among 
the respective Colonies, Congress was actively engaged in 
preparation for the Declaration of Independence. It was 
recommended to the Colonies, where an insufficient 
form of government existed, " to adopt such govern- ^ 
ment as should, in the opinion of the representatives of the 
people, best conduce to the happiness and safety of their con- 
stituents in particular, and America in general.'' Congress, 
at the same time, took a bold and vigorous stride towards a 
declaration of independence. They declared une- ^ 
quivocally that all royal power riioula be suppressed. 
The most momentous question that had ever engaged the 
attention, or excited the interest and hopes of an oppressed 
and struggling people, had now fully developed itself. Hope, 
dancing in the distant future, allured the Congress and the 

* Beoords <tf the Gonrentioii <tf New Tork. 



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40 CONSTITUTIONAL HISTORY 

people. The dark and lowering cloud of English wrath held 
the thunder-bolt in fierce defiance. All eyes turned in anxiety 
to the General Congress. The representatives knew and felt 
they were looked to, and upon them must rest the responsi- 
bility of throwing the country into a position ruinous, if un- 
tenable; whilst it was known those most conspicuous and 
active would be the first to receive the special indignation 
and revenge of the Mother Country, and, if unsuccessful, no 
labor would be spared to bring their bodies to the scafibld. 
To feel and not to fear responsibility is the province and 
duty of a wise and brave man. Such formed the Congress 
of 1776. Conscious of the right and justice of their cause, 
after sufficient mature thought, they determined to act. In 
that dreadful hour, which fortune has made the brightest in 
our history, there arose from his seat a delegate from Virginia, 
Richard Henry Lee, by instructions from his constituents ; 
Virginia would take the responsibility ; that brave and vir- 
tuous patriot would have offered, if need be, his body to the 
scafibld. On the 7th of June, he moved (among others) the 
following resolution : — " That these Unitea Colonies are, and 
of right ought to be, free and independent States ; and that 
all political connection between them and the States of Great 
Britain is, and ought to be, totally dissolved. " So great was the 
apprehension of danger in behalf of Mr. Lee, marked by the 
tenderest regard, that Congress directed the secretary, when 
making up the journal, to omit the names of the mover and 
he who seconded them : they were seconded by John Adams.* 

The Journal of Congress consequently does not show by 
whom these resolutions were moved and seconded. All dis- 
cussion was deferred until the next day, at which 

"°* time they were discussed in committee of the whole. 
No final action was even then had. They were adjourned to 
Monday the 10th, when they were brought up, and after much 
discussion and many bright displays of eloquence and cour- 
age, — the name of Richard Henry Lee conspicuous among the 
first, — it was resolved that the consideration of the first reso- 
lution (which I have quoted) be postponed until the first Mon- 
day in July next ; in the mean while, that no time be lost, 
should Congress agree to the resolution, a committee be 
appointed to prepare a declaration in obedience to it. In 
accordance with the resolution, the committee was appointed; 

* Life of Biohard Henry Lee, toL i. p. 170. 



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OV THl UNITBI) 8TATBS. 41 

consisting of Thomas Jefferson, of Virginia, Benjamin Frank- 
lin, of Pennsylvania, John Adams, of Massachusetts, Roger 
Sherman, of Connecticut, and Robert R. Livingston, of New 
York. The committ^ consisted of five of the most en- 
lightened patriots of the country. Lee, doubtlessly, from his 
prominent position and commanding talent, would have been 
on the committee, — ^parliamentary courtesy would have made 
him the chairman, — ^had he not by the sickness of his wife 
been compelled to leave on the lOtn of June. Jefferson was 
appointed chairman of the committee ; to whom was assigned 
the honor of drafting that State paper, which in character, 
force, and importance, finds no superior on the records of 
ancient or modem history. It was, with a few verbal excep- 
tions, unanimously adopted by the committee, and reported 
to Congress on the first day of July^ not, as has been erro- 
neously stated, on the 28th of June. 

Congress debated on this paper from the day on which it 
was received until ike fourth of July. 

Some distrust rested on the minds of its firmest and most 
ardent supporters, whether it would meet with unanimous 
approbation. Maryland and Pennsylvania had refused to 
give their sanction, when the subject was agitated in the 
spring of 1776. Maryland had yielded to the spirit of inde- 
pendence, through the influence of CarroD, Paca, and others; 
and, in convention, the former instructions to her delegation 
were cancelled. The day on which it was reported, it was 
referred to a committee of the whole. It was ascertained 
that Pennsylvania and Delaware had refused their assent.* 
The vote of Pennsylvania, however, was secured. Morris and 
Dickinson were absent when it came up for final decision ; the 
former was in favor of adoption, the latter against it. Of the 
five delegates present, three voted for the adoption — Franklin, 
Wilson, and Morton. In order to obtain on the final action 
of the question every Colony, McEean dispatched a 
messenger after Rodney, who was away. He arrived 
in time to cast his vote on the 4th of July. Thus was pre- 
sented to the world, the voice of Thirteen United Colonies, 
leagued together to assert and maintain their freedom at all 
hazards. 



* Four of the mtod delegmtet from PennsylTania Toted against it. TIm 
two delegates from Delaware were diyided. Only two were present Thoma* 
MoKean, in fayor of it, and George Reed, opposed. Lossing, 262. 

Vol. L— 4 



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42 CONSTITUTIONAL HISTORY 

The world will never cease to admire the character of the 
Congress of 1776 ; whilst the United States will forever look 
back with dutiful sympathy and admiration to the troubles 
and dangers that beset the lives of those fifty-six who periled 
all for their country. The historic page shows no event that 
can compare with this, the opening drama to liberty, and con- 
stitutional rights of the people of the United States. There 
is no fike record of human virtue to be found, as the lives of 
those great and good men. Not one of the number was de- 
ficient in the loftiest virtue, — ^moral purpose,— decision of 
character, which must be deeply written on the heart, to make 
men fit for the high and responsible duty they had to dis- 
charge. Nearly every one lived to see the most cherished 
object of their hearts accomplished. Every one passed 
through life without spot or blemish on their character, and 
each left a name for purity and uprightness, that in life could 
not be shaken by the severest trials. And now whilst the 

frave covers the earthly remains of every member of that 
allowed band, the breath of suspicion dare not raise one 
word of censure or blame. In life they were loved, in death 
^ thOT are revered.* 

The Declaration was signed on the day of its adoption, by 
John Hancock; with his name alone it went forth to the 
world. On the 2d of August following, it was signed by 
fifty-four, the two others who signed afterwards being absent 
at that time.f In reference to the political character of the 
Declaration of Independence, and the paper in other respects, 
I shall make a few remarks. 

It is a paper exhibiting a most intimate acquaintance with 
all the numerous acts of the King and British Parliament, 
in reference to the Colonies. Though prepared in a limited 
time, it was done with great labor and research. From that 
clause which states that the King ^^ has refused his assent to 
laws the most wholesome and necessary for the public good," 
down to the last clause enumerating the course of the King 

-' , * If there be exception to the aboye, it can only be in reference to Judge 

"* ' -^ "^ ♦ ^ / Chase, "who was tried before the Senate and aoquited ; and Thomas Jeffer- 
^ ' > \ son, -who, to some extent, has been censured, which wiU be noticed at pro- 

- * ' * •• ■l)er times. 

<'" ,f A deep silence and awfiil solemnity hune upon cTery countenance, 
which was at length interrupted by Dr. Franklin, who, it is said, made use 
of the foflowing remaric : — *' OenUemen, we must all hang together, or we 
w^ most.JMBuredly hcmg separately.** 



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OF THB mnTEB STATBS. 48 

and Parliament, commencing, ^^he has excited domestic in- 
surrection among us/' &;c., an actual reference to parlia- 
mentary history will show that every clause between and em- 
bracing those recited, is based upon some special parliamentary 
vote, or action of the King himself. The history of George 
III. confirms the truth of every grievance enumerated, and 
to the energy of Mr. LoBBina we are indebted for an histo- 
rical reference to every complaint set forth in the Declaration 
of Independence. With the political and moral tone the 
world has been highly pleased. With manly firmness and 
irrevocable decision of purpose, there is a mingled vein of 
morality and Christian feeling, that has endeared it to the 
enlightened of every clime. If there be any objection to the 
sentiments contained in this paper, — and I freely acknow- 
ledge my objection to one, and that is in reference to t^ 
political tendency^ — it is that which asserts the equality of 
man. If the author meant to limit his meaning to a religious 
sense, there is no objection to its truth and force. But this 
could not be ; it would be inappropriate. K he meant to con- 
fine himself to those rights he enumerated, none will dissent. 
This was not his meaning ; for those rights, " life, liberty, 
and the pursuit of happiness,'' are enumerated to show 
that they are among those rights that assist in making up 
man's equality. These, it is true, are called " unalienable : 
so they are ; but it is in the same sentence, and follows im- 
mediately after the words, ^^ that all men are created equal, 
and that they are endowed by their Creator with unalienable 
rights." It is clear this wording has a political meaning. 
Such has been certainly to a great extent adopted, the ten- 
dency of which has been to degrade the character of our 
institutions, by throwing its withering influence upon the elec- 
tive franchise; whilst under it sanction has sprung that 
iniquitous doctrine of agrarianism, which now has many ad- 
vocates in the United States. All good men may be upon 
the same standing in the court of Heaven. Politically, all 
men are not equal ; in the theory of government they cannot 
nor should be. Virtue and talent cannot be drawn down to 
the level of vice and ignorance ; one is admired and sought 
after, the other should be punished and avoided. The great 
object of government is to secure happiness, which is pnly 
attainable and maintainable by a virtuous administration. 
In securing happiness, the main element of government must 
be to secure the rights of person and property, which must 



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44 G0V8TITUTI0NAL HISTOftT 

be done by a yirtnons administration of the laws ; the pro- 
tection of person follows, and is inseparable from that of 
property, and the basis of government is the security of the 
latter. The wise and virtuous, as a class, will acquire more 
property, and possess a larger interest under the laws ; to 
this class then should belong their control. The laws then 
are for the protection of property and personal rights ; the 
property-holding class adjust the laws for the protection of 
each. He who has no property finds the door open, — a 
generous patronage held out to his advancement, and an 
active stimulant to elevate his condition. That class desti- 
tute of property are protected in all they possess, person 
and character ; upon the assailment of either, the law gives 
adequate protection. Their position in society is relative, 
different in interest, feeling, and pursuit. The law cannot 
make them equal. The effort should not be made to adjust 
the laws in accordance with the dogma that all men are 
created equal ; should nature indulge in such a freak, the 
recurrence of its regular law would forbid its continuance. 
Government is artificial in its structure. If man in a state 
of nature requires little or no government, as he emerges 
from this state he finds his position an artificial one ; to this 
must the machinery of government be adjusted. There is 
nothing in this adverse to the principles of a republic ; no- 
thing adverse to the interest of the poor. The laws that 
yield protection to the pr^erty holder, invite all within the 
scope of its protection. When those once destitute amass 
anything, they are at once upon a proper legitimate standing 
in reference to participancy in the affairs of the government. 
Reverse this adjustment, put all upon the footing that man, 
by nature, is said to occupy, — a state of equality, — ^you not 
only render him unfit for the government and society of a 
civilized state, but the insupportable hardship of taking from 
the talented, the virtuous, the enterprising, what they may 
have acquired, or what is but little better, you deprive that 
class of the right and privilege of governing their own pro- 
perty; or you place the mere natural ri^ht, abstractly be- 
longmg to man, when he advances beyona that condition of 
nature in equal balance with those rights belonging to the 
class of property holders, and against the rights they have 
acquired, — ^those rights that result from an acauisition of pro- 
perty. Philosophically speaking, that principle of the Decla- 
ration is wrong. Practically, it is the most offensive feature 



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OF THB TTHITB]) STATES. 46 

thftt can pervade any system of laws. Let this error thai 
be discarded ; because while it Inrks in the Declaration is a 
flimsy excuse for adhering to it, when reason and right pro- 
claim it wrong. 

I venerate the Declaration of Independence for its bold 
and manly assertion of the political rights of the Colonies. 
It was the frontispiece of our liberty. It was signed and 
sanctioned by the wise and good men of the Congress of 
1776. Long may it be cherished with feelings of devotion 
bv the people of the United States : yet it is fallible. Its 
object was not to form the basis of a government, but a deckh 
ration of our riahUy in opposition to the aggression of Great 
Britain ; as such it was originally designe^as such adopted 
and presented to the world, as such let it stand, and it will 
receive the admiration of all coming ages. 

The minds of the people, now fullv prepared for absolute 
severance from the Crown, received the Declaration with un- 
bounded joy and applause. Washington at that time was 
stationed upon York Island. On the 9th of July he received 
a copy, which was read out to the army. The ardent outburst 
of feeling manifested on this, as well as every other occasion, 
gavtj renewed vigor to the people who, with one voice and a 
common effort, bent every energy of body and mind to the 
final accomplishment of tnis their national Declaration. Our 
forefathers had declared themselves free, yet an arduous strug- 
gle awaited them, ere that freedom which then belonged only 
to those who would not, nor could be enslaved, should be 
realized by the nation, and acknowledged by the world. This 
was to be wrought out by the jus gladiij and this it accom- 
plished. 

The first object, and the first necessity of a people, is a 
form of government. After the adoption of the Declaration 
of Independence, the Colonies, or as they shall be hereafter 
styled, the United States,'*' were in the utmost confusion. 
The veteran soldiery of England were hovering around our 
coast, with thousands of mercenaries ; many from the well- 
drilled service of Frederick the Great, in search of booty, or 
fired by the love of gold. Opposed to this powerful army, 
well-trained and equipped, were the raw, untutored, unsupplied 



* Congress, on the 9th of September, 1776, declared that the Continental 
oommissions should be altered from running in the name of the '* United 
Colonies," to the <« United States." 



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46 CONSTITUTIONAL HISTOBT 

troops of the yet unformed republic ; and whilst upon the arms 
of the early fathers of the country nearly everything de- 
pended, it was visible to every eye that the army alone could 
not accomplish the great purpose of our struggle, but that a 
form of government was demanded. No systemnad up to this 
time been adopted. Each Colony had transacted separately 
and distinctly its own affairs without unison, with little com- 
mon counsel ; but, united in purpose, there must be efficient 
means of co-operation. The Congress that had recently 
effected so much had no legitimate origin from the people. 
Delegates had been appointed ; some by the Colonial assem- 
blies, some by conventions, others by prmiary assemblies, with 
but a limited chart to direct their course.* 

* A reference to the credentials of the members of the first and second 
Continental Congress is inserted at this place as eTidence of the feelings of 
die people, illustratiye of yiews taken in other parts of this chapter, as 
throwing general light upon the character and powers of the two Congresses, 
as weU as the extent of the powers of the eonfederation. The credentials 
of members from different Colonies, as far as they bore any, were according 
to the following extracts. They are not copied in eztenso : — 

New Hampshire. — <* To deyise, consult, and adopt such measures as may 
have the most likely tendency to extricate the Colonies from the present 
difficulties ; to secure and perpetuate their rights, liberties, and priyileges, 
and to restore that peace, harmony, and mutual confidence, which once 
happily subsisted between the Parent Country and her Colonies." 

JnassachiuetU. — '* To consult on the present state of the Colonies, and the 
miseries to which they are, and must be reduced, by the operation of cer- 
tain acts of Parliament respecting America ; and to deliberate and deter- 
mine upon wise and proper measures to be by them recommended to all the 
Colonies* for the recoyery and establishment of their just rights and liber- 
ties, ciyil and religious, and the restoration of union and harmony between 
Great Britain and the Colonies, most ardently desired by aU good men." 

Rhode Island, — '< To consult on proper measures to obtain a repeal of the 
Beyeral acts of the British Parliament for leyying taxes on his Majesty's 
subjects in America without their consent ; and upon proper measures to 
establish the rights and liberties of the Colonies upon a just and solid foun- 
dation, agreeably to instructions giyen by the General Assembly." 

CannecHeut, — ** To consult and adyise on proper measures for adyancing 
the best good of the Colonies, and such conferences to report, from time to 
time, to the Colonial House of Representatiyes." 

New York. — Only a few of her counties were represented ; some by deputies 
anthorized to '* represent," and some by deputies authorized to "attend 
Congress." 
. New Jersey. — "To represent the Colony in the General Congress." 

Pennsylvania, — ** To form and adopt a plan for the purpose of obtaining 
redress of American grieyances, ascertaining American rights upon the 
most solid and constitutional principles, and for establishing that union and 
harmony between Great Britain and the Colonies which is indispensably 
necessary to the welfare and happiness of both." 

Delaware. — *'To consult and adyise with the deputies from the other 
Colonies ; to determine upon all such prudent and lawftd measures as may 



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OF THB UNITED STATES. 47 

The Provincial Congresses that had thus far directed the 
helm, were wholly inadequate to conduct a people through a 
war for independence. Union was now essential. The States 

be judged most expedient for the Colonies immediately and unitedly to 
adopt, in order to obtain relief for an oppressed people, and the redress of 
our general grievances.** 

Maryland, — " To attend a (General Congress, to effect one general plan of 
conduct, operating on the commercial connection of the Colonies with the 
Mother Country, for the relief of Boston and the preBerration of American 
liberty." 

Virginia, — **To consider the most proper and effectual manner of bo 
operating on the commercial connection of the Colonies with the Mother 
Country, as to procure redress for the much injured Province of Massachu- 
setts Bay, to secure British America from the ravage and ruin of arbitrary 
taxes, and speedily to procure the return of that harmony and union, so 
beneficial to the whole empire, and so ardently desired by aU British 
America." 

North Carolina, — ** To take such measures as they may deem prudent to 
effect the purpose of describing with certainty the rights of Americans, re- 
pairing the breach made in those rights, and for guarding them for the ■ 
future from any such violations done under the sanction of public au- 
thority." For tLese purposes the delegates are ** invested vrith such powers 
as may make any acts done by them obligatory, in honor, on every inha- 
bitant thereof, who is not an alien to his country's good, and an apostate 
to the liberties of America." 

South Carolina, — ** To consider the acts lately passed, and bills depending 
in Parliament with regard to the port of Boston and Colony of Massachu- 
setts Bay ; which acts and bills, in the precedent and consequences affect 
the whole continent of America. Also the grievances under which America 
labors, by reason of the several acts of Parliament that impose taxes or 
duties for raising a revenue, and lay unnecessary restraints and burdens 
on trade ; and of the statutes, parliamentary acts, and royal instructions, 
which make an invidious distinction between his M^esty's subjects in Great 
Britain and America, with full power and authority to concert, agree to, and 
prosecute such legal measures, as in the opinion of the said deputies, so to 
be assembled, shall be most likely to attain a repeal of the said acts, and a 
redress of those grievances." 

The above extracts are taken from a work on Constitutional Law, by 
Henry St. George Tucker. See Journal of the first Congress. The powers 
granted to the delegates to the second Congress are very much like those 
above quoted, as appears by the following extracts : — 

New Hampshire, — '* To consent and agree to all measures which said Con- 
gress shall deem necessary to obtain redress of American grievances.*^ 
Delegates appointed by convention. 

Matsaehusetts, — " To concert, agree upon, direct, and order" (in concert 
with the delegates of the other Colonies) ** such further measures as to them 
shall appear best calculated for the recovery and establishment of American 
rights and Uberties, and for restoring harmony between Great Britain and 
the Colonies." Delegates appointed by the Provincial Congress. 

Connecticut. — ** To join, consult, and advise with the other Colonies in ^ 
British America, on proper measures for advancing the best good of the 
Colonies." Delegates appointed by the Colonial House of Representatives. 

New York. — This Colony not fully represented. Delegates were only sent 
from the city and county of New York, city and county of Albany, and six 



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48 C0K8TITUTI0KAL HI8T0BT 

bad mingled their vital interest in a common effort. A central 
power was demanded, with a Congress as a controlling head, 
and written articles defining its powers. In 1775, Dr. Frank- 
lin had submitted a plan of Articles of Confederation for the 
Colonies. At that time Congress had no fixed purposes, and 
his sketches were unnoticed. The next year, which resulted 
in a fuller development of the feelings of the people, and the 
Declaration of Independence, enabled Congress to form such 
plans as were calculated to meet the pressure of the times. 
Before any final action had been taken in reference to the 
Declaration, Congress, on the 11th of June, resolved that a 
committee be appointed to draft a form of Articles of Con- 
federation. The committee consisted of one from each State. 
John Dickinson, of Pennsylvania, who would have voted 
against the Declaration had he been present, was chosen 
chairman. Through the chairman a draft was reported to 
Congress on the 12th of July. Repeated debate ensued 
upon the report up to the 20th of August, when it was laid 
upon the table. 

On the 7th of April, 1777, the subject was again brought 
up. Whilst the Journals of Congress present but little in- 
formation in reference to the views of members from different 

other counties, to *' concert and determine upon such measures as shaU be 
judged most effectual for the preservation and re-establishment of American 
rights and privileges, and for the restoration of harmony between Great 
Britain and the Colonies." Queen's county approved the proceeding. 

Pennsylvania, — <* To attend the General Congress/' Delegates appointed 
by Provincial Assembly. 

New Jereey — **To attend the Continental Congress, and to report their 
proceedings to the next session of the General Assembly." Delegates ap- 
pointed by the Colonial Assembly. 

Virgmia. — "To represent this Colony in General Congress, to be held," 
&c. Delegates appointed by convention. 

North Carolina, — " Such powers as may make any acts done by them, or 
any of them, or consent given in behalf of this province, obligatory, in 
honor, upon every inhabitant thereof." Delegates appointed by convention, 
and approved in General Assembly. 

South Carolina. — "To concert, agree to, and effectually prosecute such 
measures as, in the opinion of the said deputies and the deputies to be as- 
sembled, shaU be most likelv to attain a redress of American grievances." 
Delegates appointed by Provincial Congress. 

The credentials from the delegates fVom Rhode Island are not on record. 
They did not attend until the second meeting of Congress. Georgia was 
not represented in this Congress until September, 1776. She was consi- 
dered a party to the Declaration of Independence. Lyman Hall appeared 
as delegate ft-om the parish of St. Johns, on the 18th of May, 1776, but was 
never regarded as the representative of Georgia. See note to Tucker's work 
«on Constitutional Law, page 68, and Journals of the second Congress. 



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OV THE UNITBD STATES. 49 

sections of the coantry, it appears that many conflicting in- 
terests were strenuously advocated. The debates were con- 
tinued ahnost daily, from the 7th of October to the 
16th of November. On that day the Articles of 
Confederation were adopted. A committee of three were 
appointed to have the articles translated into the ^^^ ^ 
i^rench language, and to prepare and report an ad- 
dress to the inhabitants of Canada to become a portion of 
the Confederacy. Congress directed a copy to be sent to the 
speakers of the different State legislatures, for their action. 
A communication was sent along with them, requesting the 
legislatures, if approving, to instruct their delegates in Con- 
gress to vote for ratifying them. " We have reason to regret," 
says the address, ^^ tne time which has elapsed in preparing 
this plan for consideration. With additional solicitude we 
look forward to that which must be necessarily spent before 
it can be ratified. Every motive loudly calls upon us to has- 
ten its conclusion. More than any other consideration, it will 
confound our foreign enemies, defeat the flagitious practices 
of the disaffected, strengthen and conflrm our friends, support 
our public credit, restore the value of our money, enable us 
to maintain our fleets and armies, add weight and respect to 
our councils at home, and to our treaties cu)road. In short, 
this salutary measure can no longer be deferred." 

In the mean time the different States had formed their Con- 
stitutions, the political aspect of the country seemed rapidly 
developing, and the fundamental principles of government 
placed upon a flrm, practical, and intelligible basis."*" 

Congress had been acknowledged as the supreme head of 
affairs, in everything pertaining to the public policy. Bills 
of credit had been issued, foreign ministers appointed, and 
negotiations carried on with different foreign governments. 
By the Articles of Confederation the sovereignty of each 
State was recognized, though it was a paper to which the 
States had not been parties, the members of the Congress 
that framed it not having been elected by the people, but ap- 
pointed by the diffierent State legislatures, yet Confess 
could not exercise any powers except such as were especially 
delegated. The Third Article sets forth the purpose of the 
confederation by the States, ^^ for their common defence, the 

* The Articles of Confederation, though agreed to on the 16th of NoTom- 
ber, 1777, were not signed until the 9th of Jul/, 177S. 



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50 CONSTITUTIONAL HISTOBT 

security of their liberties, and theii' mutual and general wel- 
fare/' Under the articles each State voted, but only one vote 
was permitted. Each State maintained the expenses of its 
delegates ^4n a meeting of the States,'' and when they acted 
as " members of the committee of the States."* The ex- 
penses of the war were to be defrayed out of a common 
treasure, raised by a tax on all land within each State that 
had been granted to or surveyed for any person, which was to 
be laid and levied by authority and direction of each State. 
Congress was the only national judiciary to which the right 
of appeal existed upon all questions between the States. 

When the Articles of Confederation reached the different 
State legislatures they encountered strong and decided oppo- 
sition. It was objected to them, because each State had an 
equal voice in Congress ; the question of limits and boun- 
daries between the States were unadjusted; the title and 
control of the Crown lands were unsettled, and other omis- 
sions were deemed defects. 

On the 9th of July, the delegates from New 
Hampshire, Massachusetts, Rhode Island, Connec- 
ticut, New York, Pennsylvania, Virginia, and South Carolina, 
signed the Articles. The delegates from New Jersey, Dela- 
ware, and Maryland, were not empowered to sign. Georgia 
and North Carolina were not represented at that time, though 
their delegates must have appeared very soon thereafter ; as 
they signed for North Carolina on the zlst of July, for Geor- 
gia the 24th of the same month. The act of New York was' 
conditional, that all the other States should ratify. New 
Jersey on the 26th of November, Delaware on the 22d of 
Februanr, and the 5th of May, 1779. 

Maryland not only withheld her assent, but positively re- 
fused to ratify, until the title to the Crown lands should be 
settled. At length those States claiming the Crown lands, 
which consisted of waste and unpatented lands, ceded to the 
General Government their interest, for the benefit of the 
whole union. This being done, Maryland signed the Articles 
on the first day of March, 1781. The cession of the Crown 
lands to the Government of the United States was the origin 
of the Territorial System, out of which sprung the North- 
western Territory, and the celebrated ordinance passed by 

* Congress had power to appoint a committee to sit in the recess of Con- 
gress, -which was denominated a <* Committee of the States." 



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Of THl UHTTSD STATSS. 51 

Congress in July, 1787. The origin and growth of the ter- 
ritorial system is a most interesting and peculiar feature of 
the Government of the United States, whicn will be discussed 
in a subsequent chapter of this work. 

Maryland was the last State whose assent had to be ob- 
tained, which, being done, made the confederation 
complete. The Congress of the United States as- f J}**tJ|^ 
sembled for the first time under these Articles on it79. 
the 2d of March, 1781, being upwards of four 
years after they were first submitted to the States by Con- 
gress. 

The term of the Continental Congress is dividable into two 
periods ; the first from the first meeting on the 4th of Sep- 
tember, 1774, until the ratification of the Confederation, on 
the 1st of March, 1781 ; the second, from ratification of the 
Confederation until the organization of the government under 
the Constitution of the United States, on the 4th of March, 
1789. 



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63 00V8TITUTI0NAL HISTOftT 



CHAPTER n- ' 

THB FORMATION AND ADOPTION OF THB CONSTITUTION OF 
THB UNITED 8TATBS. 

Thb Articles of Confederation, cradled amidst the convnl- 
sions of the American Revolution, — ^their great purpose being 
to unite the Colonies more firmly and efficiently in the effort 
for liberty, — ^but imperfectly defined and established the func- 
tions of government; especiaUy one rapidly developing all 
the features and resources that tend to make a people at once 
a powerful and respected nation. 

The primary intent had been attained. The Colonies, as- 
sumin^ the name and character of sovereign States, had 
banded together to maintain those rights which the Declaration 
of Independence had asserted ; to assist in the accomplishment 
of whicn a Congress was instituted with ample powers to 
organize and control the army. 

A definitive treaty of peace was signed the 3d of 
September between his ISritannic Majesty and the 
United States. In August, 1782, Washington received a 
letter from Sir Guy Carlton and Admiral Digby, manifesting 
not only a pacific disposition, but informing him that Gren- 
ville was in Paris, authorized to treat with all the parties at 
war ; and that he would propose the recognition of the inde- 
pendence of the States, instead of being made a condition of 
a general treaty. This letter was soon followed by one from 
Sir Guy Carlton, declaring his disapproval of a longer con- 
tinuation of hostilities. These communications excited the 
fears of the French Ministers, in consequence of which Con- 
gress renewed the resolution " to enter into no discussion of 
any overtures for pacification but in confidence and concert 
with his most Christian Majesty."* 

Considerable difficulty was presented in arranging the pre- 
liminaries of the treaty. Pride and jealousy existed on the 

* Secret Jourxutls of Congress, toL iii., p. 249. 



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OF THB UNITBI) STATBS. 58 

part of France and Spain towards England, as an old and 
bitter rival, which seemed at one time likely to defeat the 
object of the United States in their effort for pacification. 
Delay was also produced in reference to the arrangement of 
boundaries, and the participation of the United States in the 
fisheries. On these points the interest of France and Spain 
conflicted with the United States ; ^^ and the cabinets both of 
Versailles and Madrid seemed disposed to intrigue with that 
of London, to prevent such ample concessions respecting 
them as the British Minister might be inclined to make." 

The penetration and firmness of our commissioners event- 
ually succeeded, and a treaty was adjusted highly acceptable 
to the United States, especially on the questions of boun- 
daries and fisheries.* Experience has proved the truth of 
the effort of the commissioners of the United States to con- 
vince the British Ministry, that the interest of their country 
would be enhanced by a liberal policy towards the United 
States, and of their becoming independent in fact as well as in 
name. This treaty was suspended until peace should exist 
between France and Great Britain. The European war had 
been vexatiously protracted by the obstinate perseverance of 
Spain in the effort to obtain Gibraltar. The enterprise was 
at length abandoned, and preliminary articles of peace were 
simed between France, Spain, and Great Britain, in 1788 ; 
after which the United States were recognized " to be free, 
sovereign, and independent States." 

The Articles of Confederation had triumphantly borne the 
country through the war of the Revolution, yet it was mani- 
fest that they were inadecjuate to the wants of the people. No 
executive department existed as a separate branch of govern- 
ment ; no judiciary had been established with defined limits ; 
no senate. The three co-ordinate departments necessary for 
a free government existed with, and were exercised by one 
and the same body, the powers of which were imperfect. No 
treasury existed, save that derived from the power to levy a 
tax upon the several States in proportion to the value of 
all land within each State, granted to or surveyed for any 
person.f 

A heavy debt existed, with no other resource to raise the 
means of liquidation. No commerce had yet borne to our 

* Marahall'B Life of Washington, toL iL, p. 40. 
f Artidee of Confederation. 



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64 OONSTTTUTIOKAL HI8T0BT 

shores the products and wealth of the world ; nor did the 
power to regulate it exist. Great dissatisfaction was mani- 
fested towards the government. Indifference to the payment 
of the tax. Law was disregarded. Alarming symptoms of 
anarchy prevailed. A dissolution of the Confederacy was 
threatened and feared. The well-informed and reflecting 
minds of the Revolution looked on with anxious apprehen- 
sion, fearing the work thus far accomplished through hard- 
ship, peril, and death, might be overthrown from the want of 
a more efficient organization. 

The minds of the leading statesmen were actively turned 
to the state of affau^ existing after the treaty of peace. The 
press then opened its channels for the purpose of interesting 
the people in this important question. Many able men re- 
sorted to the pen. The first, and one of the best efforts pub- 
lished at this time, showing the inefficiency of the Articles 
of Confederation, was a pamphlet by Noan Webster, called 
"Sketches of American Policy," issued in the winter of 
1784-85, in which he undertook to show that it was absolutely 
necessary for the safety of the United States to form a new 
government ; one which should act directly on the people ; 
vesting in Congress full powers to carry its laws into opera- 
tion. No one was more interested than Washington in the 
effort to establish a more efficient government. On the 5th 
of March, 1785, a set of commissioners from Virginia and 
Maryland, appointed through his influence, assembled at 
1785 Mount Vernon for the purpose of taking into con- 
sideration a scheme for uniting the waters of the 
Potomac and Ohio, as a commercial connection between the 
East and West. They spent some time there, but adopted 
no plan, except the recommendation of another commission 
to establish a general tariff on imposts, and mature other com- 
mercial regulations. The convention thus recommended was 
held at Annapolis, in September, 1786.* Five States only 
1786. ^^^^ represented.f The delegates adjourned with- 
out doing anything, except addressing a written 
report to the legislatures who were represented in convention, 
stating the partial representation of the States prevented 

♦ Lossing, 1776, p. 862. 

f Prom New York, Alexander Hamilton and E. Benson ; New Jersey, A. 
Clark, W. C. Houston, G. Schuzeman; Pennsylyania, Tench Coxe; Dela- 
ware,' G. Beed, G. Dickinson, and B. Basset ; Yirginia, Edmund Bandolph, 
James Madison, Jr., and 8t. George Tncker. 



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OP THB UNITBD STATES, 55 

tkem from acting. They recommended that another conven- 
tion should assemble^ designating Philadelphia and the second 
Monday in May, 1787, as the place and time of meeting. 
The commissioners from those States represented at Anna- 
polis stated diflFerently and imperfectly the powers delegated 
to them. The general object was to take into consideration 
the condition of the commerce and trade of the country. 
They possessed no power to alter or amend the Artides of 
Confederation ; but stating it as their firm conviction that 
they were inadequate to the exigency of the country, they 
recommended that the delegates to the convention should be 
intrusted with more enlarged powers, " to devise such further 
provisions as shall appear to them necessary to render the 
Constitution of the Federal Government adequate to the exi- 
gencies of the Union.'** This report was trans- 
mitted to Congress, and referred to a committee of kst.^ 
that body, consistmg of Messrs. Dane, Vamum, S. 
M. Mitchell, Smith, Cadwalader, Irvine, N. Mitchell, Forrest, 
Gh"ayson, Blount, BuU, and Few. 

The committee, after a mature consideration of the report 
of the convention, as well as the letter of John Dickinson, 
the chairman, oflFered, in place of a formal report, a resolution 
to the effect that Congress, having had the report of the con- 
vention that assemblea at Annapolis under consideration, and 
believing the Articles of Confederation * inadequate for the 
purposes of the Union, strongly recommend the different 
legislatures to send delegates to meet in the proposed conven- 
tion on the second Monday in May, 1787. It was in com- 
pliance with this recommendation that delegates were chosen 
in the several States, " for the purpose of revising the Articles 
of Confederation and reporting to Congress and the several 
State legislatures such alterations and provisions therein, as 
shall, when agreed to in Congress and confirmed by the States, 
render the Federal Constitution adequate to the exigencies of 
the government." 

On the second Monday in May, 1787, this convention as- 
sembled in Philadelphia. It was seen at once that an entirely 
new constitution must be framed, — ^though it was opposed by 
some who were inclined to adhere to the Articles of Confede- 
ration, — ^with such modifications as were imperiously required 
to sustain the Federal Government. A most important and 

* Vide Address of the Commissioiiers. 



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56 00V8TITUTI0NAL HI8T0&T 

X79r. critical period had arrived. Peace had spread her 
halcyon wing over the recent arena of war. Plenty 
would soon smile upon a land of freedom. Yet all was not 
effected. A form of government was needed : the one that 
existed was radically defective. A people whose progress 
has gradually developed with their government, slightly ap- 
preciate the wisdom requisite to frame, adjust, and operate s 
government. Different features have been adopted, policy 
altered to suit accumulating wants, with such gradual trans- 
formation, that a nation's progress makes little impression at 
home or abroad, until wealth, science, and power, mark its 
place among the most advanced. With this convention labor 
and difficulty were present, beyond what ever devolved upon 
any deliberative body. 

A people with every element of greatness, — ^their way not 
worked to eminence bv slow degrees, — ^but emerging from 
the storms of the Revolution, stood forth enlightened, power- 
ful, and respected ; equal to the first nations of the earth, 
requiring a government at once suitable to their condition. 
For such a people, with many various and conflicting interests, 
had the statesmen who formed this convention, to labor and 
contend. Enlightened and patriotic, with hearts unknown to 
fear and above reproach, they addressed themselves to the 
task of forming a constitution for the United States. No 
picture can adequately represent the feelings of this body, 
or the interest that hung upon their deliberations. All eyes 
turned anxiously to them as the pillar of the hopes and hap- 
piness of three millions of people, whose all had been invested 
in the grandest of efforts, the late Revolution. The crowning 
piece was now to be executed, — ^a form of government, — ^in 
consonance with the Declaration of Independence, and that 
spirit of freedom which first and last fanned the flames of 
war. 

New powers were to be created. This occasioned the 

f greatest apprehension on the minds of the people, recently 
rom the thraldom of royalty. They knew the self-accretive 
tendency of power, and feared, in process of time, the evils 
they had overcome in overthrowing the English government 
would be revived on theur own soil. 

The Convention was organized by calling George 
{JSr.** Washington to preside over its deliberations. The 
only other proceeding on that day was the appoint- 
ment of a committee to prepare standing rules and orders. 



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Of THB UNITSD STATB8. 57 

On Monday, the 28tli, they were reported to the House by 
the committee, Messrs. Wythe, Hamilton, and C. Pinckney. 
The rules beine adopted unanimously, the House adjourned 
without proceeding to any other business. On the next day 
Bandolph, of Yirgmia, opened the main business of the Con- 
vention. In this, the first speech delivered in this assemblage, 
in reference to the en^ossing topic of the alteration of me 
Articles of Confederation, Randolph plainly enumerated the 
defects that existed, and the manner in which they should be 
supplied bv the constitution to be framed. Among the de- 
fects of the Articles, he stated they aflForded no security 
against foreign invasion. Congress having no power to prevent 
or commence war, or authority to support it. The Federal 
Government could not check quarrels among the States, or 
suppress rebellion. The Federal Government could not even 
defend itself against encroachment from the States ; nor was 
its authority even paramount to that of the States. The first 
series of resolutions, which are copied from the Madison Papers^ 
were then offered by Randolph. They are of great importance 
in our constitutional history, showing as they do, fully and dis- 
tinctly, the design of the Convention, as well as the opinions of 
the leading men who composed it. They are as follows : — 

1. Besolvedy That the Articles of Confederation ought to 
be so corrected and enlarged as to accomplish the objects pro- 
posed by their institution ; namely, common defence, security 
of liberty, and jgeneral welfare. 

2. Itesolvedy Therefore, that the rights of sufira^e in the 
National Legislature ought to be proportioned to the quotas 
of contribution, or the number of tree inhabitants, as the one 
or the other may seem best in di£ferent cases. 

8. Besolvedy That the National Legislature ought to consist 
of two branches. 

4. Hesolvedy That the members of the first branch of the 
National Legislature ought to be elected by the people of the 
several States, every — for the term of — , to be of the age 
of — years at least ; to receive liberal stipends by which they 
may be compensated for the devotion of their time to the 
public service; to be ineligible to any oflSce established by a 
particular State, or under the authority of the United States, 
except those peculiarly belonging to the functions of the first 
branch, during the term of service, and for the space of — 
after its expiration; to be incapable of re-election for the 

VOL.L— 5 



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58 OOHBTITUTIOVAL HlBIOnr 

spaee of — after the expiration of their term of senrice, and 
to be subject to recall. 

5. Ite$olvedy That the members of the second branch of 
the National Legislature oo^ht to be elected bj those of the 
first, out of the proper number of persons nominated by the 
individual legislatures ; to be of the age of — years at least ; 
to hold their offices for a term sufficient to ensure their inde- 
pendency ; to receiye liberal stipends hj which they may be 
compensated for the devotion of their tmie to the public ser- 
vice ; and to be ineligible to any office established by a par- 
ticular State, or under the authority of the United States, 
except those peculiarly belonging to the functions of the 
second branch, during the term of service, and for the space 
of — after the expiration thereof. 

6. Resolved, That each branch ought to possess the right 
of originating acts ; that the National Legislature ought to 
be empowered to enjojr the legislative rights vested in Con- 
gress by the confederation ; and, moreover, to legislate in all 
cases in which the separate States are incompetent, or in 
which the harmony of the United States may be interrupted 
•by the exercise of individual legislation; to negative all laws 
passed by the several States, contravening in opinion the 
National Legislature, the articles of union, or any treaty 
isubsisting under the authority of the Union ; and to call forth 
the force of the Union against any member of the Union fail- 
ins to fulfill its duty under the articles thereof. 

7 . Resolved, That a National Executive be instituted, to be 
chosen by the National Legislature for the term of — ; to re- 
ceive punctually at stated times a fixed compensation for the 
services rendered, in which no increase or diminution shall be 
made, so as to a^ect the magistracy existing at the time of 
kicrease or diminution, and to be ineligible a second time ; 
and that besides a general authority to execute the national 
laws, it ought to enjoy the executive rights vested in Con- 
fess by the confederation. 

8. Resolved, That the Executive, and a convenient number 
<of the National Judiciary, ought to compose a council of re- 
vision, with authority to examine every act of the National 
Legislature before it shall operate, and every act of a par- 
ticular legislature before a negative thereon shall be final; 
iind that the dissent of the said council shall amount to a 
rejection unless the act of the National L^islature be again 
paissed, or that of a particular legislature l^ again negatived 
^y — of the members of each brancL 



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07 THB UJNITID STATBS* 68 

9. BeBolvedy That a National Judiciary be estabBshed, to 
consist of one or more supreme tribunals to be chosen by the 
National Legislature; to nold their offices during good b^a- 
Tier ; and to receive punctually at stated times &Lm compen- 
sation for their services, in wmch no increase or diminution 
shall be made, so as to affect the persons actually in office at 
the time of such increase or diminution ; that the jurisdiction 
of the inferior tribunals shall be to hear and determine in the 
first instance, and of the supreme tribunal to hear and deter- 
mine in the dernier resort, all piracies and felonies on iJie 
high seas, captures from an enemy, cases in which foreigners 
49r citizens of other States applying to such jurisdiction may 
be interested, or which respect the collection of the national 
revenue, impeachments of any national officers, and questions 
which may mvolve the national peace and harmony. 

10. Hesolvedj That provision ought to be made for the ad- 
mission of States lawfully arising within the limits of the 
Unit^ States, whether from a voluntary junction of govern- 
ment Imd territory or otherwise, with the consent of a number 
of voices in the liational Legislature less than the whole. 

11. Besolvedj That a republican government, and the ter- 
ritory of each State, except in the instance of a voluntary 
junction of government and territory, ought to be guarantied 
by the United States to each State. 

12. Meiolved, That provision ouffht to be made for the con- 
tinuance of Congress, and their authorities and privileges, until 
a given day after the reform of the Articles of Union shall be 
adopted, and for the completion of all their engagements. 

13. Besolvedj That provision ought to be made for the 
amendment of the Articles of Union, whenever it shall seem 
necessary ; and that the assent of the National Legislature 
ought to be required thereto. 

14. Resolvedy That the legislative, executive, and judiciary 
powers within tiie several States ought to be bouna by 0(Ma 
to support the Articles of Union. 

15. Besolvedj That the amendments which shall be offered 
to the confederation by the Convention^ ought at proper time 
or times, after the 'approbation of Congress, to be submitted 
to an assembly or assemblies of representatives recommended 
by the several legislatures, to be expressly chosen by the 
people to decide t^reon. 

These were the resolutions first offered ta the conaideration 



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60 CONSTITUTIONAL HISTOBT 

of the Convention. They embody the principles of a free 

Syemment, though somewhat objectionable in several* of 
air details. Whilst other plan^ were oflFered by different 
members, especially by Charles Pinckney and Hamilton, the 
plan offered by Randolph was taken immediately under dis- 
cussion, and formed the basis on which our Constitution was 
erected. Other plans were however submitted to the consi- 
deration of the Convention. Whilst debating the features of 
./'•'/tA^a^v^ Randolph's project, Dickinson offered a resolution to the 
- / ^<-^ ^'^'♦•♦*' •'effect that the Articles of Confederation ought to be revised 
i,<,r^4>* and amended so as to render the Government of the 

jim^is, United States adequate to the exigencies, the pr^ 
/ 0^ ' s^^^*^^^^^> *^^ prosperity of the Union. This was 

/-^•^^ '1^ ^ ^Mopted with entire unanimity, save the divided vote of Penn- 
sylvania. Hamilton supported it with great zeal and ability, 
^ in a speech he made on the occasion. He read to the Con- 
vention a paper containing his ideas of a suitable plan of 
government for the United States, which embraced the fol- 
lowing prominent features : — 

1. The supreme legislative power to be vested in 

d^uSmI ^^ distinct bodies of men,^-one the Assembly, the 

Toi-iu. other the Senate, — ^who, together, were to form the 

Legislature of the United States, with power to pass 

all laws whatsoever. 

2. The members of the Assembly to be elected by the 
people, to serve three years. 

8. Senate elected to serve during good behavior, by electors 
chosen for that purpose by the people. 

4. The supreme executive authority to be vested in a Go- 
vernor, to serve during good behavior ; his election to be by 
electors chosen by the people. He was to have a negative on 
all laws about to be passed ; to have entire direction of war 
when authorized or begun; to have, with the advice and 
approbation of the Senate, the power of making all treaties ; 
to have the sole appointment of the heads of departments, 
of finance, war, and foreign affairs ; to have the nomination 

' of all other officers, (ambassadors of foreign nations included,) 
subject to the approbation or rejection of the Senate ; to have 
the power of pardoning all offences, except treason, which he 
could not paraon without the approbation of the Senate. 

5. On the death, resignation, or removal of the Governor, 
his place to be occupied by the President of the Senate until 
a successor could be appomted. 



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OF THE UNITED STATES. 61 

The plan embraced a provision for a national judiciary not 
unlike Randolph's. The Senate to haVe the sole power of de- 
claring war. The governors of the States, senators, and all 
officers of the United States, to be liable to impeachment for 
mal and corrupt conduct ; upon conviction to be removed from 
office, and disqualified for holding any place of trust or profit. 
Impeachments to be tried by a court to consist of the chief or 
senior judse of the superior court of law in each State ; pro- 
vided, such judge hold his place during good behavior, and 
have a permanent salary. Laws of the States contrary to the 
Constitution to be utterly void ; to prevent such laws bein^ 

Jassed, the governor or president of each State to be appointed 
Y the General Government, and to have a negative upon laws 
about to be passed in the State of which he is governor or pre- 
sident. No State to have a land or naval force. The militia 
of all the States to be under the exclusive direction of the 
United States, the officers of which to be appointed ajid com- 
missioned by them. / 

This was the plan of Hamilton. His opinions and senti- 
ments, though greatly perverted and exaggerated now, as then, 
were known to tend towards a stronger and more centralized 
power than perhaps any other prominent member of the Con- 
vention. From the plan offered, it is clear he was not at the 
time, and I doubt if ever, a monarchist, though so accused. 
All look now with abhorrence upon the scheme of Hamilton* 
All can now see how it would have subverted every principle 
of republicanism. Not a vestige of the State-Rights prin- 
ciple would have been traceable in a few years. This chief 
light and life-sustaining principle of American freedom would, 
at an early dav, have been engulfed by the capacious powers 
of the General Government. The votes of Hamilton through- 
out the Convention indicate his disposition for a more enlarged 
action of the Government than was adopted by the Constitu- 
tion. When he discovered his efibrts unavailmg, — ^when the 
last final steps were being taken, — this undeviating patriot, 
discarding his predilections, cave his vote along with the Con- 
vention for the unanimous adoption of the Constitution, as it 
was afterwards ratified.* He did more than any other man, 
as the numbers of the ^^Federalist** attest, by his powerful 



* Mason and Randolph, of Virginia, Lansing and Yates, of New York, — 
the two last quitting the Convention before a4Joumment, — ^refUsed to sign. 
{Vide £llioU*B Debates, toI. iii.) 



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62 OOKSnrUTIOKAL histobt 

talent, bis energetic pen, and ardent and laborious effort, to 
procure its ratification.* He appeared at once to imbibe its 
spirit, and proved among its ablest and brightest expounders* 
Randolph's resolutions appeared the choice of the Convention, 
upon which their efforts were to be encaged. In offering a 
plan, it was impossible to embrace the details of the powers' 
to be intrusted to the different departments. It was as it 
should be, the skeleton of a Constitution, leaving the nerves, 
oreans, and arteries to be created and supplied with the vital 
«^ prmciple, by amendments necessarily to be offered in conven- 
tion. Here were suggested the first great fundamental prin- 
ciples of our Government, — ^the three grand arteries of power, 
legislative, executive, and judiciary, — ^and the division of the 
two departments of the legislative branch. 

The resolutions were taken up seriatim, with their amend- 
ments, and voted upon, having been previously referred to a 
. committee of the whole. 

The various amendments offered and rejected, and the 
manner in which they passed, will not be noticed in this 
place, though frequent allusion will be made to them in dis- 
cussing the different powers granted by the Convention. The 
Convention sat from May the 14th, 1787, until the 17th of 
September. On this memorable and momentous day this 

Slorious fabric of American liberty was ushered into life. 
Lwful were the feelings of that patriot band who stood 
around this bantling of the war-storm, the first-bom of the 
fruits of liberty, the first love and favorite of American 
statesmanship, the chartered rights of the people, where 
rested their security and happiness. It was passed unani- 
mouslv, (though not signed by Mason and Randolph;) yet 
difficulties for awhile encompassed its earliest youth. On 
1787 *^® ^^*^ ^^ *^^ ^^"°® month of the adjournment of 
the Convention, Congress received its report, with 
the Constitution recommended for ratification. 

The geographical position of the different States, with con- 
sequent diversity of agricultural and commercial interest, in 
connection with the unavoidable difference of opinion from 
political association, habit, and cast of mind, occasioned 
such difficulty as could not have been overcome, had it not 
. been for that wise spirit of compromise which necessity de- 
manded should enter at once into the deliberations of the 
Convention, and infuse itself into the very heart of the Con- 
stitution. The Convention expressed its sentiments, and ex- 



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OF THB UNITED 8TATSS. 9S 

hibited its triab uid difficulties, in the labors encoantered 
daring its session, by a letter ordered to be addressed to Con- 
gress. 

^^ In all our deliberations on this subject/' days the letter, 
^^ we have kept steadily in view that which appeared to us the 
greatest interest of every American, the consideration of our 
union ; in which is involved our prosperity, felicity, safety, 
perhaps our national existence. This important consideri^ 
tion, seriously and deeply impressed on our minds, led each 
State to be less ri^d in points of inferior magnitude than 
might have been o^erwise expected, and thus the Constitu- 
tion which we now present is the result of a spirit of amity j 
and that mutual deference and concession wnich the pecu- 
liarity of our situation rendered indispensable."* 

Upon the reception of the Constitution, the Continental 
Congress passed a resolution unanimously, transmitting the 
Constitution, report, and letters of the Convention, to the 
several State legislatures, to be submitted to a convention of 
dele^tes chosen in each State bv the people thereof, in con- 
formity to the resolutions of the late Convention. The State 
legislatures accordingly passed acts calling conventions to act 
upon the Constitution. The conventions sat at nearly the 
same time, and, as their labors closed, transmitted the ratifi- 
cation of the several States to Congress. Accompanying the 
ratification of each State were resolutions and declarations 
by the different conventions, expressive of the understanding 
of the Constitution entertained by the conventions for rati£ 
cation, pointing out what were considered defects, principles 
that were dangerous, especially to the rights of local sove- 
reignty, and the means of remedy. The reader is referred 
to the note at the end of this chapter, where he will find the 
substance of the declarations by the States condensed. 

A large and intelligent party existed in all the States 
opposed to the ratification of the Constitution, especially in 
iJew York and Virginia ; whilst North Carolina, at her con- 
vention, refused either to adopt or reject. Maryland at first 
positively refused, except some provision was made in refer- 
ence to the Crown lands ; and Bhode Island held out until 
1790. 



♦ The letter from which the aboye is an extract, was deposited by Wash- . 
ington at the Department of State, but has been published in seyeral poUti- > 
oal works. (See EUioU'i Debates, toL iii p. 195.) 



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64 CONSTITUTIONAL HI8T0BT 

In Virginia, the opposing party were led on by that unriraled 
orator and devoted apostle of the rights of man, — ^Patrick 
Henry, — ^who, in his zeal for popular rights, carried his oppo- 
sition to an immoderate extent, which appeared for a time to 
involve the fate of Virginia in reference to her Federal con- 
nection. Henry and his party objected to the Constitution 
because it gave too much strength to the Fedei^l Govern- 
ment. " You have lost the sword and the power," exclaimed 
Henry. The words of the preamble— " We, the people" — 
formed a topic for his most indignant and powerful declama- 
tion. With all the violence of his denunciation, his burning 
"forest-born eloquence," his high personal influence, his vir- 
tue, that throws an everlasting halo around his name and 
writes in words of gold his enduring epitaph, his efforts never- 
theless ultimately failed. 

Edmund Randolph, who had taken a bold and active part 
in the Federal Convention, distinguished as he was for powers 
of debate, with capacity for deep and comprehensive states- 
manship, was likewise in the Virginia Convention. He had 
refused, along with Mason, to sign the Constitution. He had 
written a long and able letter to the Speaker of the House 
of Delegates, setting forth objections which were deemed 
strong and decided against the Constitution, i" He contended 
that tne legislative and executive were too much concentrated; 
that the representation of the States bore no proportion to 
their relative importance in the Union. It was expected that 
Randolph and Mason, whose influence would probably have 
turned the decision of the Convention, would have been arrayed 
against the Constitution. They did not surrender the opinions 
entertained : they were willing to adopt, because they feared 
its rejection might blast the hopes of Virginia. The Conven- 
tion ratified the Constitution for Virginia. 

Henry, though gifted with an oratory not so elegant, yet 
perhaps the most powerful that ever fell upon human ears, 
was not so profoundly versed in the philosophy of govern- 
ment as others of the Convention. In Randolph, he found 
an over-match in compact and lucid reasoning; whilst the 
fervor of his eloquence cooled before the mild and persua- 
sive arguments of James Madison. 

Hamilton was the only member from New York who signed 

* Randolph's letter to the Speaker of the Virginia House of Delegates, 
October 10, 1787. Published in lUliott's Debates, yoL iii. p. 129. 



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OF THB UNITBD STATES. 65 

the Constitation. Lansing and Tates went home ; they left 
upon the enduring page of history their reasons : they thought 
the Convention was called for the purpose of amending the 
Articles of Confederation; they had taken theur seats as 
members from New York for that purpose ; they found, to 
their surprise, that this Constitution embraced the princi- 
ples of consolidation. Such was their opinion. Thinking 
if they remained in the Convention and voted for the Consti- 
tution — as they saw it would pass — ^they would be unfaithful 
to the trust they held, they went home, having addressed a 
letter to the Governor of New York, embracing their rea- 
sons.* 

These gentlemen feared the sovereignty of the States was 
absorbed by the enlarged capacity of the General Govern- 
ment. 

Lansinff was a member of the Convention of New York 
for ratifym^ the Federal Constitution. He oflFered a reso- 
lution allowmg New York, in a certain number of years, to 
withdraw from the Union, unless the amendments 
proposed by the New York Convention should be 5^^*^,^ 
previously submitted to a general convention, which Tention. 
was voted down by an overwhelming majority. 

The Constitution was submitted to each State, to act sepa- 
rately for itself in ratifying or not, there bein^ no power to 
force the State into the Union. The fact of each one coming 
in with all the manifold objections that existed at the time, 
has occasioned much dispute upon the true bearing of- the 
Federal Constitution upon the local sovereignties that exist 
with the States, and the true extent of power vested in the 
Federal Government. Did those able and honest patriots 
who thought the Government a consolidated one, yield their 
objections ? They voted in most instances for the ratification 
of the Constitution. Did they think it too federal after it 
was ratified ? Many of them, Henry at the lead, were after- 
wards found, in the administration of Washington, its firm 
friends. In the administration of the elder Adams, Henry 
was ever the supporter of the Alien and Sedition Law, as far 
as it involved constitutional principles. Upon the triumph 
of that party who were in favor of the Constitution, what 
consistent course remained to the party which opposed it but 

* Letter of Tates and Lansing to the Goyernor of New Tork, Jane 5, 
17S7. Published in lOliott's Debates, vol. iii p. 129. 



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66 coHsrrruTiONAL histobt 

to embrace the doctrine thej contended woold^be the tme 
interpretation, if ratified 7 A treaty maj be opposed, and 
the effort made to defeat it; when signed bj both contracting 

Earties, notwithstanding the objectionable features, is it an 
onest philosophy which construes the objections into nothing 
and makes that the true understanding of the questions in- 
volved, which they wished in the first place to obtain by 
throwing out such features as formed the basis of their ob- 
jections: 

Whilst the Constitution was under consideration in the 
different States, a series of papers were published known as 
the "Federalist," from the pens of Hamilton, Madison, and 
Jay. The various provisions of the Constitution are ably 
and elaborately discussed. They are at this day considered 
the most accurate and elegant commentaries upon the Con- 
stitution that adorn the pages of our young though vigorous 
literature. The design of these papers was to show the abso- 
lute necessity of a Federal Government; that the best Con- 
stitution that could be framed was the one submitted ; that 
the different powers vested in the Federal Government were 
not incompatible with liberty; that the sovereignty of the 
States was not invaded; and a general elucidation of the 
principles of the Government, as understood by the ablest 
statesmen of that day. This was the mission of those papers, 
and in their day and generation they fuUy accomplished it. 
The Constitution, meeting with bold and energetic opposition 
by a respectable party, because it created a stronger govern- 
ment than was deemed by this party safe and proper, its 
advocates were branded as Federalists; which epithet, at first 
used as a designation of the party who advocated the Con- 
stitution, was ultimately employed to note those upon whom 
the vain endeavor was made to characterize as inimical to a 
republican government. It was falsely charged upon them 
that they wished to promote their design by taking from the 
States their rightful sovereignty, and concentrate power in 
the Federal Government. The term became one of party 
distinction. They succeeded in procuring the ratification of 
the Constitution. They gave the Government its early stamp, 
and dignity and character. We may at this day look back in 
proud admiration upon the early Federal party as the " Fa- 
thers of the Republic." They were, and are now, unjustly 
visited with errors they never committed. They have been 
falsely slandered because the people were unacquainted with 



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Of THB UNTTBI) STATBS. 67 

their character and sentiments, or listened with over-confi- 
dence to the voice of the unscrupulous. The Federal party 
that came into life with the birth of the Constitution, was 
not the Federal party that died with the OYerthrow of the 
administration of the elder Adams. Whatever remote like- 
ness may be traced, that party may be considered as having 
been reorganized and readjusted before the second adminis- 
tration had run its course. 

No greater eulogy can be presented to the world of the 
virtue of the members, the necessity and practical advantage 
of the measures of the Federal party in the first days of our 
Bepublic, than the historic truth that among its leaders are 
found Washington, Franklin, Hamilton, Jay, Madison, Ran- 
dolph, — a large majority of the United States Congress for 
eight years ; and the fact of the success of the Government 
of which Washington was President. The historian requires 
no other facts, an enlightened a^e no other argument. 

Historv, tradition, and the Imgering testimony of a few 
honest old patriots, whose purity of heart defied the powers 
of defamation, all point to the Federalists as the architects of 
the Union ; whilst the concurrent testimony of every docu- 
ment and vote exists to prove their virtue, their patriotism, 
their fidelity to republican institutions, as well as the eminent 
correctness of their views. Scattered through the country, 
the intelligent citizen, the fixed and steady proprietors of the 
soil of that day, without pomp or worldly distinction, save a 
brave and honest heart, were those of the Federal school in 
its earlier days. 

No greater error exists than that which helped to sink the 
Federal party, and even now strives to cover their memory 
with shame. That they were the advocates of too strong and 
consolidated features of government for a republican system, 
or that they wished to concentrate too much power in the ex- 
ecutive arm, is proven false by their every vote and speech 
and letter. They were at first properly styled Federalists, 

NoTB. — ^The foUowing are the dates of the ratification of the Constitution 
by the Thirteen States : 

Delaware, December 7, 1787. South Carolina, Maj 2S, 1788. 

Pennsylvania, December 12, 1787. New Hampshire, June 21, 1788. 

New Jersey, December 18, 1787. Virginia, June 26, 1788. 

Georgia, January 2, 1788. New York, July 26, 1788. 

Connecticut, January 9, 1788. North Carolina, November 21, 1789. 

Massachusetts, February 6, 1788. Rhode Island, May 29, 1790. 
Maryland, April 28, 1788. 



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68 ' OOVSTITUTIONAL HISTOBT 

because they nr^ed the adoption of the present Constitution. 
The name should only have been historical when the Federal 
party triumphed. No distinctive name of Federalist could 
afterwards exist. Even then "all were Federalists, all were 
Republicans." The cause that led to a continuation of the 
name, and the future history of the party, will be noticed in 
a different part of this work. 

The grand and leading features of our Constitution consist 
in the three divisions of power which form the Government, 
— the Executive, Legislative, and Judiciary. The separate 
functions, with the blended harmony of the whole, strikes the 
admiration of all. It forms a beautiful and delightful theme, 
upon which the American mingles his meditations and his 
gratitude; whilst the foreigner who affects to hate, is yet 
struck with amazement at the simplicity, though unexampled 
power of a government to which he bestows his reluctant 
homage, whicn, in its amplified adjustment to the wants of 
man, yields a willing and secure protection to the oppressed, 
the needy, and self-exiled of the nations of the earth. Va- 
rious propositions were discussed in convention relative to the 
power and limitations of the executive. Hamilton, who did 
not entertain the most favorable idea of a republican govern- 
ment, urged that the executive should be for life, with an 
unaualified negative upon all acts of the legislature. Not- 
withstanding Hamilton's dislike of the plan of government 
recommended by the Convention, he declared his willingness 
to support the Constitution if adopted, which he did with an 
active zeal and ability surpassed by none. It was early seen 
that the power of the executive ought not to be extensive. 
Madison looked with gteat coolness and caution to the man- 
ner of its construction. Many members were in favor of a 
plurality in this department, but were vigorously opposed by 
Madison, Pinckney, and other distinguished members of the 
Convention. Finally, the powers of the executive were dis- 
tinctly and satisfactorily settled, as exercised and understood 
by the Constitution. 

It was wisely determined that the oflSce of President should 
not only embrace a limited power, but be filled by one person. 
Promptness, decision, and force, to the extent of the authority 
conferred, is very much required in this department, which is 
more effectively obtained by a single executive. The powers 
were judiciously limited to the execution of the laws ; the veto 
power as defined by the Constitution ; the chief command of 



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OF THE UNITBD 8TATBS. 69 

the army and navy, when called into active service; the power 
to grant reprieves and pardons for offences against the United 
States, except in cases of impeachment. There are other 
powers granted; as the power of appointment to various 
offices, some by and' with the advice and consent of the 
Senate, others without it, and certain important powers in 
reference to treaties. The last will be discussed under a dif- 
ferent head. In the plan submitted to the Convention by 
Charles Pinckney, the veto power was insisted as follows : — 
"If he approves it" (meaning any law) "he shall sign it, but 
if he does not approve it he shall return it, with his objections, 
to the House it originated in."* Some time afterwards it was 
moved by Gerry, "that the national executive shall have a 
right to negative any legislative act which shall not be after- 
wards passed bv part of each branch of the national 

legislature." Wilson and Hamilton moved to strike out the 
blank in Gerry's resolution, and give the executive an abso- 
lute negative on the laws. Dr. Franklin opposed the veto 
?}wer. He referred to the example of the Governor of 
ennsylvania, of whom he said "no good law could be 
passed without a private bargain with him." Sherman was 
against enabling any one man to stop the will of the whole. 
After various motions and much excited debate, Butler moved 
"that the national executive have power to suspend any legis- 
lative act for the term of ." Dr. Franklin seconded the 

motion. It was remarked with great truth that the power to 
suspend might do all the mischief dreaded from vetoing use- 
ful laws, without answering the healthful purpose of checking 
unjust or unwise legislation. On the motion being put by 
Butler, every State voted in the negative. 

On the question of enabling two-thirds of each branch of 
the legislature to pass a law notwithstanding the President's 
veto, it passed sub silentio in the affirmative, and the blank 
in Gerry's motion was accordingly fiUed.f With but little* 
difficulty was this most essential power vested, with its proper 
limitation, in the President. It has been rarely used in the 
political history of our country. Experience proves the ab- 
sence of all danger attending its exercise. Reason and past 
observance point to its necessity. If party zeal, or the want 
of due consideration from hasty legislation, should place the 
President under the necessity of exercising it, it would doubt- 

* Mftdison Papora, toI* ii. p 789. f Madison Papers, toI. il. p. 790* 



^ 



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TO OOirSTITUTIONAL HIBTOBT 

less meet the entire approbation of the country, as the mincb 
of men were cahned bj reflection, and the act of the exeou- 
tive viewed free from the excitement oftentimes incident to 
the passion of party. 

In discussing the next featore of our Gh)yemment, — ^the 
legislative, — ^it is proposed only to notice its structure; the 
powers bestowed, and the general range of its authority, will 
DC brought to the attention of the reiser in another part of 
this work. It was at once foreseen that Congress ought to 
consist of two branches, — the Senate and House of Repre- 
sentatives. The earliest difficulty was the mode of electing 
the members of the two branches, and their time, of service. 
The third resolution of Randolph, — "that the National Legis- 
lature ought to consist of two branches," — ^was agreed to 
without debate or dissent, except from Pennsylvania, which 
probably resulted from the influence of Dr. Franklin, who 
was understood to favor the idea of a single house of legis- 
lation. 

The fourth resolution of Randolph — ^which will be found 
in the series heretofore cited — ^was opposed chiefly by Sher- 
man, upon the ground that members to the House of Repre- 
sentatives ought not to be elected by the people. This gave 
rise to a most interesting and important debate. Upon the 
decision of this question doubtless rested the fate of the Con- 
stitution for a period if not forever. Had not this great 
representative feature of popular rights been incorporated in 
the Constitution, it would have been the instantaneous cause 
of prompt and decided rejection by a large majority of the 
people of each State. Mason, Wilson, and others, especially 
Madison', entered with zeal into this debate, which seemed to 
involve the safety of republican freedom to the people of the 
United States. Their whole strength and talent were em- 
ployed to avert this the death-blow of the work and labor of 
the Constitution itself. Randolph's resolution was ultimately 
carried by a vote of five to two, Connecticut and Delaware 
being divided. 

The Convention then proceeded to the consideration of the 
fifth resolution, which had reference to the establishment of 
the Senate. It was moved by Spaight that the Senators be 
elected by the State legislatures. This motion was with- 
drawn, and the question came up on Randolph's original 
resolution, which, on being submitted to the House, was de- 
cided in the negative. Various resolutions were then ofiered, 



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OW THB UKITID STATBS. 71 

proposing the election of members to the Senate by the 
people, others Testing the power of appointing them in the 
President. It was finally decided after considerable debate, 
on motion of Dickinson, that the Senate should be composed 
of members to be elected by the State legislatures. 

The equality of each State in the Senate, and the manner 
of electing its members, is perhaps the most beautiful, inte- 
resting, and important feature in the structure of our Govern- 
ment. In the House of Representatives each State has its 
proportionate influence in accordance with its population, 
where the members are collected as the direct representatives 
of the people, each member looking to his immediate district 
as his only constituency, which has often been the subject of 
legislation and alteration as it increased or diminisned in 
population ; which change is often visible by an alteration in 
the House of Representatives in the relative strength of the 
States. 

It was debated whether the States should not be repre- 
sented in the Senate in reference to their population and 
wealth; population, and the multiplied interest connected 
with it, had received its preponderance in the other branch. 
The Senate, it was contended with force and truth, was de- 
signed to represent the States in their political character; 
that it would be unjust to the small States to place them on 
grounds of inequality with the large States. The interest of 
a small State, as a sovereign power, is the same, as a large 
one, and should, as it does, stand equal in dignity, character, 
and importance. When Vermont consented to come into the 
Union, she brought to the compact the same influence with 
the State of New York. The same sovereignty, entire and 
undiminished by comparison, sealed and sanctioned the Con- 
stitution in the one case as in the other. The Senate was 
designed to be, and is, the representative of the unrelin- 
quished and enduring sovereignty of the States, as separate 
and distinct from the representative of the people; as is the 
other branch of the National Legislature, where numbers 
have their due preponderancy. It being agreed that Con- 
gress should consist of two branches, the manner in which 
the members should be elected, the respective influence and 
defined position of the people and the States, the representa- 
tive rights of each, if mingling, as the air we breathe and the 
light Uiat falls upon us, yet as distinct, the next and most 



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72 OONSTITUTIOirAL HISTORY 

momentous task was to define the joint and separate datieB 
and powers of this dual arm of the Government. 

It was conceded that the Congress existing under the Arti- 
' cles of Confederation was impotent, because of the restric- 
tions thrown around it. It was also true that this Convention 
was acting under restrictions it dare not violate. Its au- 
thority to sit and act was derived from a source not only to 
be ultimately consulted, but obeyed. The States were its con- 
stituents : cautious in the protection of their own sovereignty, 
though a power more extensive was being created. 

The Convention, in addressing itself to the specific grant 
of powers to Congress, took up the sixth resolution of Ran- 
dolph, stating the sphere in which the National Legblature 
ought to act. It was unanimously decided that each branch 
should originate laws, and likewise transferring all the exist- 
ing legislative powers to the Convention, which then sat as 
Congress. The grant of powers vested in Congress as appears 
in the Constitution, to which the reader is referred, passed 
with very little objection. Upon the proposition giving legis- 
lative power in all cases in which' the State legislatures were 
incompetent, Butler expressed fears that the Convention was 
going to an extreme, tending to too much power in the Federal 
head, as well as an encroachment upon the powers of the 
States. Randolph, the mover of the resolution, freely and 
fully expressed himself against the wish or intention to take 
any step that might be considered an inroad upon the sove- 
reignty or jurisdiction of the States. Madison was opposed 
to any enumeration of the powers of the National Legisla- 
ture. This question was however decided by a large majority 
in the affirmative, Connecticut only being divided. On motion 
of Dr. Franklin, the other part of the resolution ^^ giving 
potoers necesBary to preserve harmony among the StateSj to 
negative all laws contravening in the opinion of the National 
Legislature^ the Articles of Unions* was adopted without de- 
bate, and unanimously.* 

The last clause of the sixth resolution came next under 
consideration, authorizing an exercise of the force of the 
General Government against a delinquent State. Madison 
opposed it, remarking that he disliked the use of the term 
\ force^ looking too much like the power to declare war ; and 
would probably be considered by the party against whom it 

* Madison Papers, page 761. 



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OF THB UNITED STATES. 78 

was used as a dissolution of the compact. He moved the 
postponement of this question, which was unanimously agreed 
to and never again brought before the Convention. 

The manner in which these questions originated, and that 
in the early part of the session, throws a flood of light upon 
the all-important and most vital principle of our Constitution, 
— the relative rights of the States and Federal Government. 
This topic has been so fully discussed by Chancelor Kent, 
Judge Story, Judge Kenny, St. George Tucker, and other 
elegant and able jurists of the United States, that the author 
forbears at this time entering into the intricacies of a subject 
which has been so fully and ably treated. It is, and will con- 
tinue a vexed question, assuming an increased importance and 
difficulty, not only as our relations become multiplied from 
the increasing number of States, with a diversity of interest 
and feeling, but as it also becomes more and more degraded 
as the dangerous tool of party warfare. Whilst it is con- 
ceded that me framers of the Constitution intended, and have 
created a government with self-sustaining powers, I have no 
idea, — ^and abundant authority supports me in the proceed- 
ings of the Convention, the works of eminent writers, the 
learning of the Judiciary, the common principle of justice 
and right, — ^that the General Government should exercise any 
of its powers to the injury, oppression, or hardship of any 
State. The laws of Confess are made by the. Constitution 
superior to the laws of the States ; but it must be in the 
legitimate sphere of Congress to pass such laws before their 
supremacy can be asserted. If it be upon any subject beyond 
the control of the State, and vested by the Constitution in 
Congress, if it be for the benefit of the Union, though a par- 
ticumr law may fall heavily for a time upon a State, it is 
equally clear the State must submit. If the State does not 
yield a constitutional obedience, no other remedy is in exist-^ 
ence or can exist, save the last, an inalienable prerogative of 
a people to exercise the right of revolution, when every other 
effort has failed. It cannot be denied, however, that the 
Government of the United States is invested with self-sus- 
taining powers, and when its functionaries are satisfied that 
justice and constitutional right are with the General Govern- 
ment, its laws must and will be enforced. 

The author is a warm advocate of the rights of the States. 
It is beyond dispute that they have reserved every right not 
directly or imphedly granted under the Constitution to the 

VOL.L-- « 



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74 CONSTITUTIONAL HISTORY 

General Government. When any right under this reservation 
is invaded, it becomes the State, with due regard to policy, 
to resist or not, as the injurv or oppression of the United 
States Government may justify. If Congress, however, pass 
any law national in its bearing and constitutional, no State 
can legitimately oppose its operation. Unless this be the 
true bearing and spirit of the Constitution, as well as the 
practical operation of the government it has created, its pur- 
pose has been useless; its great written fundamental law a 
rope of sand ; the Government of the United States a mere 
plaything of politicians and demagogues, as changeable as 
the Florentine Republic, where freedom was never known ; 
as unstable as the political structures of the French people, 
where effort after effort has but paved the way of some un- 
principled aspirant to unlimited power, unmindful of a na- 
tion's rights or happiness. 

The third branch of the subject of this chapter leads to an 
examination of another arm of the National Government, — 
the Judicial^; which feature had no existence under the 
Articles of Confederation, except the narrow and restricted 
limits provided by the ninth section of the Articles of Con- 
federation. During the period that elapsed while the Colo- 
nies were dependent on the English Crown, Courts of Vice- 
Admiralty were established in many, probably all the States ; 
in some instances by charter reservation, in others by consent 
of the Crown, afterwards expressed. The limits of this juris- 
diction were defined by commissions of the Crown and acts 
of Parliament, which were ample, and extended over maritime 
contracts, and torts and injuries in ports, as well as upon the 
hiffh seas.* 

The Admiralty Courts in England exercised no jurisdiction 
in revenue laws ; they belonged exclusively to the JSxchequer ; 
by statute of 12 Car. 2, known as the Isavigation Act, and 
of 7 and 8 Will. UI. c. 22, jurisdiction was extended to the 
Vice- Admiralty Courts in the American Colonies, to reve- 
nue cases, from which appeals lay to the Admiralty in Eng- 
land.f 

Controversies between the Provinces, involving charter 
boundaries or rights, were brought before the Privy Council, 
whose jurisdiction upon such questions was original, on the 



♦ Serg. Con. Law, p. 2. De Sovio v. Bait, 2 GalL 470. 
f Bro. Civ. and Ad. Law, iL 491. 



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OF THE TTNITEl) STATES. 75 

principles of feudal sovereignty.* The King exercbed a 
supervisory power, by way of appeal, over the decisions of 
the Colonial tribunals.f The author must refrain from a dis- 
cussion of the points and principles of the law involved under 
the earlier Colonial jurisprudence. The inquisitive student 
will find the subject fully treated by reference to the authori- 
ties cited in the note at the bottom of this page, in addition 
to which he is referred to the case of Gordon v. Lowether, 2 
Id. Ray, 1477; 1 Smith's Laws of Penna.; 1 Wheat., 19; 
2 Chalm. Opin., 193 ; and the Opinion of Northy, Atty. Gen. 
Chalm. Opin., 187. 

The commencement of the Revolution destroyed all judicial 
power of the Crown, as well as the existence of all the Colo- 
nial courts. From the commencement of the war, all sove- 
reign authority with the approbation of the people, as well as 
from the necessity of the times, was exercised by Congress, 
relating either to peace or war. Besides directing all military 
operations, Congress emitted bills of credit, made treaties, 
sent and received foreign ministers, prescribed the objects of 
captures, and rules concerning prizes. In reference to the 
legality of the captures, much depends upon the law of na- 
tions. This law must be uniformly construed. This gave 
Congress a ri^ht to set and act as an appellate tri- 
bunal upon all cases of capture, supervising the de- ** 
cisions of the judges and juries of the country upon all such 
matters. 

Congress, in 1775, authorized the capture of English ves- 
sels, at which time it was recommended to the Colonial legis- 
latures to establish courts, or extend jurisdiction to such as 
existed, concerning captures ; the trials to be by jury, but in 
all cases appeals to be allowed to Congress. 

Appeals were made to Congress by petition, which was 
usually referred to a committee raised for the pur- 
pose, consisting of five members. Congress after- Irri^ 
wards appointed a standing committee of five to 
hear and determine all appeals.^ The resolutions of Con- 
gress were complied with by several of the States, though 
upon different scales of delegated power. In several instances 
the acts passed by the States gave rise to much animated and 

♦ BL Com. i. 281. 

t 8 Belknap's Hist of N. H., 296; App. No. x.; 845 App. xlL; Forsey 
V, Cunninghsm^ N. T., 1764, Pamph. 
X I Jour. Cong.; Sergt. Con. Law; Hop's Bep. 



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76 CONSTITUTIONAL HISTORY 

interesting debate, in reference to the respective authorities 
of Congress and the States. "In July, 1776, the Legisla- 
ture of New Hampshire passed an act which allowed an ap- 
peal, to Congress, or persons appointed by them, only when 
the vessels capturing were fitted out at the charge of the 
United Colonies ; in other cases the appeal was to be to the 
supreme court of judicature of that State. A citizen of that 
State, acting under the commission of Congress, in a vessel 
owned by -citizens of New Hampshire, captured a vessel as a 
prize on the high seas, in October, 1777. Being claimed by 
citizens of Massachusetts, a trial by jury took place in the 
New Hampshire Court Maritime, erected by the act of that 
State of July, 1776, and the jury found a verdict for the cap- 
tors. The claimants prayed an appeal to Congress, but the 
court refused it, because it was contrary to the law of that 
State. The claimants then appealed to a supreme court and 
had a jury ; there also a verdict was found for the captors. 
The claimants then prayed an appeal to Congress and peti- 
tioned Congress, who referred it to the Committee of Appeals, 
and that Committee decided in June, 1779, that they had 
jurisdiction. After the Confederation, the Court of Appeals 
revised the decrees passed by the courts of New Hampshire, 
and in the year 1795, the Supreme Court of the United 
States, on appeal from the Circuit Court of New Hamp- 
shire, carried into effect the former decree of the Court of 
Appeals."* 

In the year 1780 Congress, with a view to obviate the diffi- 
culties that might continue to arise in reference to appellate 
{'urisdiction in maritime cases, similar to the case of Penhal- 
ow V. Doane's Admrs., and other like cases, passed a law 
establishing a court for the trial of appeals from the courts 
of admiralty from the States, in cases of capture; consisting 
of three judges, with competent salaries, appointed by Couf 
gress, two of whom could form a court. The court had au- 
thority to appoint a registrar, the trials were to be in con- 
formity to the principles of national law, and no jury was to 
be impaneled in reference to any issue that might arise. 
The court at first consisted of Wythe, Paca, and Hosmer ; 
Wythe afterwards resided, and Cyrus Griffin was elected in 
his place. They fixed Philadelphia as the first place of hold- 
ing the court, being empowered to fix such times and places 

* Sergeant's Con. Law; Penhallow v, Doane's Admrs., 8 Dall., SO. 



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OF THB UIOTED BTATBS. 77 

as they should think most conducive to the public good, being 
restricted from sitting further eastward than Hartford, in 
Connecticut, or southward beyond Williamsburc, in Vir- 
ginia. The style of this court was the Court of Appeals in 
Case$ of Capture. Oaths were prescribed for the juages and 
registrar. The time of entering appeals, reauiring 
security, and all necessary laws for the organization J^^ 
of the court, and ordering the papers, in cases then 
pending before Congress, to be transferred to this court. 

In February, 1786, Congress resolved that as the war had 
ended, and the business of this court in a great measure done 
away with, it should be broken up by discontinuing 
the salaries of the judges. In June of this year (in^^^a, 
they were permitted to grant rehearings, with a per 
diem allowance. An interesting question, involving a con- 
troversy of great and vital importance, was oridnated at a 
period shortly succeeding the Declaration of Independence, 
in reference to the rights of soil and jurisdiction between the 
States. In 1779, Congress resolved that, it appearing from 
the representatives from Pennsylvania, that disputes having 
arisen between that State and Virginia relative to their boun- 
daries, which might engender serious evils, that it would be 
better not to disturb the possession of any one living on this 
disputed soil, or grant any part of this land until the dispute « 
could be amicab^ adjusted by the two States, or decided by 
Confess. 

Disputes between New York, New Hampshire, and Massa- 
chusetts, and the people living in the present State of Ver- 
mont, which was known at that time as the New Hampshire 
Grants, were laid before Congress on the application of the 
parties interested; whereupon Congress passed a recom- 
mendation that each State should pass a law, authorizing 
Congress to hear and adjustJthe disputes relating to their 
boundaries, as was prescribed by the Articles of Confedera- 
tion, which had then been agreed in Congress, but had not 
received the approbation of the States. New York and New 
Hampshire passed the necessary laws, placing the controversy 
before Congress, where it was heard and settled. In like 
manner was a controversy existing between Virginia and New 
Jersey adjudicated. This controversy was about a tract of 
land called Indiana^ extending along the Ohio River. The 
proprietors of Indiana, in conjunction with the Legislature of 
New Jersey, referred the matter to Congress, which was heard 



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78 OOHSTITUTIONAL HI8T0BT 

before a committee, who made a report in May, 1782, that 
the purchase of the Indiana Company was made bona fide.* 

The extent of the judicial system of the United States, 
narrowed and confined by the ]Ninth Article of the Confede- 
ration, may be succinctly stated under the following heads: — 
1st. Congress had the power of appointing courts for the trial 
of piracies and felonies committed on the high seas. 2d. Of 
establishing courts for determining appeals in all cases of 
capture : no member of Congress could be appointed a judge 
of any of said courts. 3d. The United States in Congress 
assembled was the last resort on appeal in all disputes and 
differences then existing, or that might arise, between two or 
more States, concerning boundary, jurisdiction, or any cause 
whatever ; which authoritjy^ was to be exercised hj judges or 
commissioners appointed in the manner specified in the said 
Article; their judgment to be final; provided no State should 
be deprived of territory for the benefit of the Union. 4th. All 
controversies concerning the private right of soil claimed 
under different grants of two or more States, whose jurisdic- 
tions, as they might respect such lands and the States which 
pa8se({ such grants, were adjusted ; the said grants, or either 
of them, being at the same time claimed to have originated 
antecedent to such settlement of jurisdiction, were, 
Articiasof ou the petition of either party in Congress, to be 
SJSfj?** finally determined as near as might be in the same 
manner as the foregoing. Such was the jurisdiction 
of the Judiciary of the United States at this time. A brief 
allusion to a few adjudicated cases will present the best his- 
tory of our then existing jurisprudence. 

For example, by an act of the Legislature of Pennsylvania, 
it was ordered that a Court of Appeals be constituted "for 
reviewing, reconsidering, and correcting the definitive sen- 
tences and decrees of the Court of Admiralty of that State, 
other than cases of capture upon the water in time of war 
from the enemies of the United States." 

In a libel case in the State Court of Admiralty for Penn- 
sylvania, to recover damages against a person for taking from 
the complainant an EngUsh vessel which had been captured 
hj the defendant as a prize, the State Court of Admiralty de- 
cided in favor of the complainant, and decreed damages and 
costs. An appeal was taken to the State Court of Appeals, 

* Sergeant's Con. Law, p. 12 ; 6 Jonm. Cong., 456 ; 7 do., 864 ; 9 do., 64. 

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OV THl UNITED STATES. T9 

where it was held, — Ist. An appeal did not lie in the case to 
the court established by Congress, because the jurisdiction of 
the court in receiving and finally determining cases of capture 
was confined to such cases as when Ae prize was brought 
infra proesidia of the United States, which was not the case 
in this instance. 2. The State Court of Appeals had juris- 
diction, because so intended to be given by tne legislature, in 
appeals from the Admiralty in all cases in which an appeal 
was given to the United States Court.* The exciting and 
important controversy between the States of Pennsylvania 
and Connecticut, which involved a right to the territory of 
Wyoming, was decided by a court of five commissioners, 
wmch was organized under the Articles of Confederation, and 
sat at Trenton in 1782. The States were represented by 
counsel, and testimony wal heard on each side. The court, 
in the proper exercise of its jurisdiction upon the testimony 
and arguments, which were full and able, properly decided 
that Connecticut had no rieht to the lands in dispute ; and 
that the jurisdiction, as well as pre-emption of all territory 
within the charter boundary of Pennsylvania, claimed by 
Connecticut, rightfully belonged to the former State.f 

In the years 1786 and 1787, proceedings were likewise held 
for constituting courts to determine controversies existing 
between other States. Among others, there was a dispute 
between Massachusetts and New York, and South Carolina 
and Georgia, in reference to the boundaries and territory of 
the said States. These disputes were never finally acted 
upon by the court, as they were amicably adjusted by the 
States.| 

Before and after the ratification of the Articles of Con- 
federation, Congress, in the fuU exercise of an appellate juris- 
diction in all cases of capture, recognized and enforced the 
law of nations in relation to prize questions. In every other 
respect, Congress depended upon the State governments for 
the enforcement of such laws. 

In 1779, Congress determined, and so informed the Presi- 
dent and Supreme Executive Council of Pennsylvania, that 
such ofiiences as it might determine to prosecute against indi- 
viduals, involving a violation of the law of nations, should be 



* Talbat v. Commanders, &c. of three brigt , 1 Dall., 95. 

{Serfft. Con. Law, Int p. 15; S. Joum. Cong., 88. 
12 Journ. Cong. 



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80 ooHstrrunoirAL histobt 

carried on at the expense of the United States. In the case 
of De Longchamps, who was tried and conyicted in one of 
the courts of Pennsylvania, in the year 1784, for insulting 
M. Marbais, Secretar;f of the French Legation, on whom the 
defendant had committed an assault and batterjr, it was de- 
clared that the law of nations formed a part of the municipal 
Uw of the State.* After De Longchamps had been arrested, 
the facts were communicated to Congress and their advice 
requested. The action of the court was approved by the 
Committee of States.f The progress of law, the definition 
of rights and remedies, as well as crimes, must necessarily be 
the work of time. 

In the year 1788, several persons were convicted of trea- 
son in the State of Pennsylvania, under the law of Congress 
as it had been defined in 1776.J * 

A correct idea may be formed of the narrow limits of our 
national jurisprudence from the fact that, generally speakine, 
Congress exercised no power to enforce obedience or punisn 
offenders in office, without the assistance of the State laws. 
In 1782, Congress was compelled to call on the State legisla- 
tures to empower commissioners appointed by Congress to 
settle the accounts of the Military Department ; to call for 
witnesses and examine them on oath in reference to the ac- 
counts. The State le^latures were likewise to pass resolu- 
tions to enable the United States to recover from citizens of 
different States debts due and effects belon^g to the United 
States.§ In 1784, so tardy was State legislation upon this 
subject, that the Committee of States, in its session during 
the recess of Congress, complained of the tardiness of aU 
the legislatures in withholding the relief asked for.|| 

The reader will perceive that under the Articles of Con- 
federation every case of national or local bearing was decided 
by State jurisdiction, either directly or by special permission 
to Congress, except disputes arising between States, or prize 
cases or piracies. 

It should be borne in mind that the State courts exercised 
no jurisdiction in cases arising from national imposts, as none 
existed before the present Constitution of the United States: 

* RespubUoa v. Be Longchamps, 1 Ball., iii. 
t 9 Journ. Com. of States, 6. J 1 BaU., xxxv. 89. 

2 4 Journ. Cong., 88, in 1778; 6 Journ. Cong., 296, in 1779; 7 Joum. 
Cong., 298, in 1782. 

II 9 Joum. of Cong. Com. of States, 29. 



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or THE tTKim) STAT»3. 81 

State imposts existed and were reflated exclnsiyelj by State 
tribunals. When the framers of the Constitution directed 
their attention to the Judiciary, they evidently remembered 
the great deficiency of this branch of government under the 
artides. They designed embracing what experience had 
shown to be necessary in preserving harmony among foreign 
nations, and what wisdom dictated to be necessary to secure 
obedience to the authorities intended to be vested in the dif- 
ferent departments, as well as to protect and sustain the 
Government in its superintendence of the great political in- 
terest of the country. 

The ninth resolution of Randolph, previously cited, re- 
lates to the establishment of a national judiciary. But little 
difficulty existed in arranging the principles of this feature 
of our Government. The judicial system of the United 
States forms a beautiful element in our national structure, 
the debates of which are now accessible to the general reader. 

After the Convention had sat for a protracted period, to 
insure dispatch it adopted a resolution to appoint a committee 
of detailj whose duty it should be to report a constitution for 
the consideration of that body ; this committee adopted and 
reported all the suggestions tmit had received the sanction of 
the Convention. On the 6th of August the report was received. 
A general outline of the Judiciary was reported along with 
the entire details of the Constitution. 

The Convention made many alterations : in respect to the 
Judiciary it was adopted with very slight modifications. 

The provisions of the Constitution are plain and simple, 
vesting the judicial power of the United States in one supreme 
court, and such inferior courts as Congress may from time to 
time ordain and establish. The jurisdiction of this court is 
settled by the Constitution, "to all cases in law or equity 
arising under this Constitution; the laws of the United 
States, and treaties made or which shall be made under their 
authority; to all cases affecting ambassadors, other public 
ministers, and consuls ; to all cases of admiralty and mari- 
time jurisdictions; to controversies between two or more 
States ; between a State and citizens of another State ; be- 
tween citizens of different States; between citizens of the 
same State claiming lands under grants of different States, 
and between a State and citizens thereof, and foreign States, 
citizens, or subjects.'* The question, whether the Supreme 



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82 COKSTITUTIONAL HISTORY 

Conrt posseBsed common law jiirisdiction, was yery soon raised, 
and repeatedly argued, before it was finally settled. 

Story, in his Commentaries, boldly takes the position that 
the expression ^' all cases in law and eqtdty," plainly embraces 
oases at common law, as contradistinguished from cases in 
equity, according to the distinction in the English jurispru- 
dence; which was the basis of the jurisprudence of the Colo- 
nies, and whose spirit was infused into the judicial branch of 
the Government of the United States.* Reason and justice 
will allow no other conclusion than that the framers of the 
Constitution intended to give to our National Judiciary com- 
mon law jurisdiction. If not, the sphere of this, the most 
elevated tribunal known to the world, would be limited to 
oases in equity, whilst those arising under the Constitution, 
and being cases at laWj could not be decided by this court 
without some legislative enactment. The question is now set- 
tled that our Federal courts have common law jurisdiction. 

The Supreme Court, in Bobinson v. Campbell,t went far 
towards sustaining this doctrine. 

The act of Congress, M^ 8, 1792, for reffi]dating pro- 
cesses in the courts of the United States, established ^Hhat 
the forms of writs, executions, and other processes, except 
their style and form and modes of proceedings then used in 
suits at common law in the Federal courts, and declared 
that the modes of proceeding in suits in equity should be 
according to the principles and usages of courts of equity." 
All these forms were subject to such alterations as the court 
should deem expedient. The Federal court has decided that 
the remedies in this court were not to be according to the 
practice of State courts, "but according to the principles of 
common law and equity, as distinguished and defined m that 
country from which we derive our knowledge of those prin- 
ciples. 'X 

It is not my purpose to make extensive comments upon 
this feature of the National Constitution; this has been ele- 
gantly and learnedly executed by Kent and Story. I will, 
however, for the purpose of illustrating the jurisprudence of 
the United States in reference to the Constitution, examine 
those cases adjudicated by the Supreme Court, which illus- 
trates the principles of our constitutional jurisprudence. The 

♦ Story on the Con., 866. f ^ Wheaton, 212. 

I Kent's Com., L 848, 6th ed. 



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Of THB XJKITBD 8TATBS. 88 

eleventh amendment to the Constitution, which is in these 
words, — "The judicial power of the United States shall not 
be construed to extend to any suit in law or equity, com- 
menced or prosecuted against one of the United States, or 
by citizens or subjects of any foreign State," — greatly cur- 
tailed the jurisdiction of the Supreme Court of the United 
States. Prior to the adoption of this amendment a suit 
might have been instituted in the Supreme Court against a 
State by the citizens of another State.* This amendment 
waa proposed at the first session of the Eighth Congress. 
The Supreme Court cannot maintain a suit, whether pending 
at the time or arising after the eleventh amendment was 
adopted, in which a State is sued by citizens of another State, 
or citizens or subjects of a foreign State.f 

It has been decided that the right of a State to assert any 
interest it may have in any subject which may be in contro- 
versy is not i^ected by the eleventh amendment. A State, 
then, can proceed originally in the Supreme Court for the pur- 
pose of contesting a right of soil.| 

In the case of Fletcher and Peek§ the question was raised, 
but not decided, whether a State might institute suit in the 
Supreme Court, to vacate a contract made in pursuance of a 
law passed by its legislature, in which fraud and corruption 
was Bupposea to exist, and was alleged against the members 
of the legislature. 

The Supreme Court has jurisdiction to ascertain and define 
the boundaries between difierent States. Though the Constitu- 
tion does not expressly extend the powers of the Judiciary to 
all cases arising between two or more States, yet it excludes 
none, whatever be their character or object. || 

The original jurisdiction of the Supreme Court is limited 
by the Constitution to a comparatively small sphere. Its 
powers under the appellate jurisdiction which has been be- 
stowed upon it are more amplified and extensive, though 
the force of its original jurisi^ction is much greater. The 
Constitution prescnbes the appellate jurisdiction of the Su- 
preme Court, which, being more comprehensive than its ori- 
ginal jurisdiction, has been more frequently exercised. 

It extends to all cases in law and equity as far as the judi- 
cial power of the government extends, except those cases 

♦2D»U., 419. t 6 Cranch, 116. t » 1>»U., 411. { 6 Cranch, 87. 
II 12 Peters, 657. 



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84 coNSTrrunoNAL histobt 

coming within its original jurisdiction, and ^^with such ex- 
ceptions and under sucn regulations as Congress shall make." 
Had this court been merely created by law, without defining 
its jurisdiction, there could be no other standard by which its 
powers could be used but the Constitution. Its jurisdiction 
as an appellate court has been positively described by the 
Judiciary Act of 1798 : it has been regulated by this act, 
which must be considered as prohibiting the exercise of^ any 
power not designated.* In reference to the appellate juris- 
diction of this court, it has been decided that unless Congress 
regulate its proceedings, it cannot be exercised, and such rules 
as Congress shall provide cannot be violated.t 

The Constitution designed that the judicial power, ori^nal 
or appellate, should reach all cases in law or equity arising 
under the Constitution, laws, and treaties of the United States, 
and all cases afiecting ambassadors or other public ministers 
and consuls. The Constitution contemplates in the Sixth Ar- 
ticle that cases within the judicial cognizance of the United 
States courts would arise in the State courts, under their ordi- 
nary jurisdiction, which courts will incidentally take cogni- 
zance of cases arising under the laws and treaties of the 
United States. The judicial power of the United States 
extending to all such cases, it follows by the terms of the 
Constitution that the appellate power of the United States 
courts must extend to the State tribunals.^ 

There are two classes of cases over which the United States 
courts extend their jurisdiction. In the first it depends on 
the character of the cause, whosoever be the parties, embrac- 
ing all the cases in law or equity arising under the Constitu- 
tion, treaties, and laws of the United States. In the second 
place it depends entirely on the character of the parties, em- 
Dracing controversies between two or more States, between 
citizens of the same State claiming lands under grants from 
different States, and between a State and citizens thereof, 
and foreign States, citizens, or subjects. 

Where the words of the Constitution confer only appellate 
jurisdiction, it is clear that original jurisdiction is denied ; 
yet it has been decided by the Supreme Court, where the words 
admit appellate jurisdiction, the power to take cognizance of 
the suit originally does not necessarily negative the power to 

* 1 Cranoh, 212 ; 6 Cranoh, 807. f 8 DaU., 821. % ^ Wheaton, 804. 



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OF THB UinTED STATES. 85 

decide upon it on appeal, if it may originate in a different 
court.* 

In reference to the judicial power of the United States, as 
ordained by the Constitution, and vested in the Supreme and 
District courts, its general scope and authority has been at an 
early period appropriately discussed by Chief-Justice Jay.f 
Extending it to ten classes, the Chief-Justice in delivering his 
opinion, said: — 

^^ 1st. To all cases arising under this Constitution ; because 
the meaning, construction, and operation of a compact ought 
always to be ascertained by all parties, not by authority de- 
rived from one of them. 

^^2d. To all cases arising under the laws of the United 
States ; because as such laws, constitutionally made, are all 
obligatory on each State, the measure of obligation and obe- 
dience ought ^ot to be decided and fixed by the party from 
whom thej are due, but by a tribunal deriving authority from 
both parties. 

"8d. To all cases arising under treaties made by either au- 
thority; because as treaties are compacts, made by and obli- 
gatory on the whole nation, their operation ought not to be 
affected or regulated by the local laws or courts of a part of 
the nation. 

"4th. To all cases affecting ambassadors or other public 
ministers and consuls; because as these are officers of foreign 
nations, cases affecting them ought only to be cognizable by 
national authority. 

"5th. To all cases of admiralty or maritime jurisdiction; 
because as the seas are the joint property of nations, whose 
rights and privileges relative thereto are regulated by the law 
of nations and treaties, such cases necessarily belong to na- 
tional jurisdiction. 

"6tn. To controversies to which the United States shall be 
a party; because in cases in which the whole people are inte- 
rested, it would not be just or wise to let any one State decide 
and measure out the justice due to others. 

" 7th. To controversies between two or more States ; because 
domestic tranquillity requires that the grounds of contention 
among the States should be settled by a common judiciary, 
and in a free country justice ought not to depend on the will 
of either litigants. 

* 6 Wheaton, 264. f Chisholm v. State of Georgia, 2 DalL, 475. 

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W CONSTITUTIONAL HISTORY 

"8th. To controversies between a State and citizens of an- 
other State ; because in case a State (that is all the citizens 
of it) has demands against some citizens of another State, it 
is better that the State should prosecute its demands in a 
national court than in a court of a State to which those citi- 
zens belong, the danger of irritation and crimination arising 
from apprehension and suspicions of partiality being thereby 
obviated ; because in cases where some citizens of one State 
have demands against all the citizens of another State, the 
cause of liberty and the rights of man forbid that the latter 
should be the sole judges of the justice due the former, and 
true republican government requires that free and equal citi- 
MtikB should have free, fair, and equal justice. 

"9th. To controversies between citizens of the same State 
claiming lands under grants of different States; because as 
the rights of the two States to grant the land are drawn 
into question, neither of the two States ought to decide the 
controversy. 

"10th. To controversies between a State or citizens thereof, 
and foreign States, citizens, or subjects; because as every na- 
tion is responsible for the conduct of its citizens towards other 
nations, all questions touching the justice due foreign nations 
or people ought to be ascertained by, and depend on, national 
authority." 

A most interesting and important branch of our civil juris- 
prudence, known as the "Conflict of Laws," necessarily pre- 
sents a more conspicuous feature in the administration of the 
law under our Constitution than that of any other country ; 
consisting, as does this Union of more than thirty free, sove- 
reign, and independent States, each with a separate and dis- 
tinct form of government, each with laws adjusted to the 
taste, interest, and temperament of its own people, yet en- 
dowed, enlivened, and sustained with a unity of government 
and a force of action not only as a Federal head, but as a source 
of national power and grandeur, from which flows and is 
regulated the supreme law of the land. 

The Federal Government with its own courts and laws, the 
State governments with their courts and laws, designed to 
move in one harmonious system, yet distinct spheres, have 
given rise to more elegant and learned jurisprudence than 
exist in any other country. Its importance ana elegance have 
received from the pen of our own learned and distinguished 
Judge Story its highest polish and most accurate learning. 



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OV IHB UNITBD STATB6. 8T 

When the work of the Convention was finished, the Con- 
stitution was sent to the different States to be submitted to 
each one for its ratification or rejection. Accompanying the 
Constitution, when sent to Congress, there to receiye its pro- 
per direction before any action could be had by the States, 
the Conreotion likewise transmitted a letter, from which the 
following is an extract.^ Alluding to the Constitution, it 
says: — ^' In all our deliberations on this subject we have kept 
steadily in our view that which appeared to us the greatest 
interest of every American, the consolidation of our union, 
in which is involved our prosperity, felicitjr, safety, perhaps 
our national existence. This important consideration seriously 
and deeply impressed on our minds, led each State to be less 
rigid in points of inferior magnitude than might have been 
otherwise expected, and thus the Constitution which we now 
present is the result of a spirit of amity and that mutual de- 
ference and concession which the peculiarity of our situation 
rendered indispensable." It is apparent — and no one doubts 
it — ^that in projecting this scheme of government conflicting 
interests arose on every side, and that the result of the work 
of its firamers was in a spirit of concession. This should 
always be the spirit of those who live under it. Thus was it 
ratified, thus has it been sustained to the present time, thus 
must it be perpetuated. The very circumstances by which 
we are surrounded, and which will continue to surround us, call 
loudly for an enlargement of this principle as the interest of 
this Confed^acy enlarges and the elements of conflict in- 
crease. 

Congress, upon the receipt of the report of the Convention 
containing tiie Constitution, resolved unanimously, ^^That the 
said report, with the resolutions and letter accompanying the 
same, be transmitted to the several legislatures, in order to be 
submitted to a convention of delegates chosen in each State 
by the people thereof in conformity to the resolves of the 
Cfonvention made and provided in that case."t 

The States, in obedience to the above resolution, passed 
acts calling conventions, and the Constitution was submitted 
severally to the conventions thus called, the ratification being 
then transmitted to Congress. The debates in the different 
State conventions were protracted and excited. The follow- 

* EUioU's D«Ut60, ToL UL p. 196. 
f Joum. Cong, of Gonfedermtion. 



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88 COirSTITUTIQHAL HI8T0ET 

ing resolutions will jnstifj an insertion in this chapter. They 
form an inseparable part of the history of the Oonstitation 
coeval with its adoption: they reflect the sentiments and 
understanding of its framers, and will have a strong tendent^ 
to show in its true light and fall bearing the relative position, 
power, and sphere of the General and State governments. 
The reader will see that our National Government, — though 
immense, grand, and powerful in its structure, embracing every 
element and feature of efficiency, — is nevertheless based 
upon the free and independent sovereignty of the States, 
whose right cannot be infringed or invaded without the exer- 
cise of powers beyond the prescribed constitutional limits of 
the one and endangering the existence of the other. 

When the Constitution was submitted to the different States 
for their respective and individual ratification, certain resolu- 
tions, which are in part now presented, passed the different 
State conventions having the ratification of the Constitution 
under consideration. Each State passed acts calling a con- 
vention, and as they ratified or refused, transmitted Uie pro- 
ceedings to Congress, as follows : — * 

1st. Delaware said. — "We, the deputies of the people of 
Delaware State, in Convention met, having taken mto con- 
sideration the Federal Constitution, proposed and agreed 
upon by the Deputies of the United States in a general con- 
vention, held in the city of Philadelphia on the ITth of Sep- 
tember, in the year 1787, have approved, assented to, ratified, 
and confirmed, and by these presents do, in virtue of the 
power and authority to us given for that purpose for and in 
behalf of ourselves and our constituents, fully, freely, and 
entirely approve of, assent to, ratify, and confirm the said 
Constitution." 

2d. Penn9vlvania. — ^In the name of the people of Penn- 
sylvania. "Be it known unto all men, that we, the delegates 
0/ the people of the Commonwealth of Penmylvania, in 
General Convention assembled, have assented to and ratified, 
and by these presents do, in the name and by the authority 
of the $ame people and for ourselves, assent to and ratify the 
foregoing Constitution." 

8a. New Jersey. — "Now be it known, that we, the delegates 



* The debates and resolutions of the State oonyentions upon the ratifica- 
tion of the Constitution will be found repinied in foil in ElUott's Debates, 
a Tery rare work. 



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OF THB UStTBD STATES. 89 

of tbe State of New Jersey, chosen bj the people thereof for 
the purpose aforesaid, (the ratification of the Constitution,) 
having maturely deliberated on and considered the aforesaid 
proposed Constitution, do hereby for and on behalf of the 
people of the State of New Jersey, agree to ratify and con- 
firm the same and every part thereof. 

4th. Connecticut. — ^In the name of the people of the State 
of Connecticut. ^^Have assented to and ratified, and by these 
presents do assent to, ratify, and adopt the Constitution re- 
ported by the Convention.' 

5th. Ma$9achu^ett$. — ''The Convention having impartially 
discussed and fully considered the Constitution for the United 
States of America, reported to Congress by the Convention of 
Delegates firom the United States of America, and submitted 
to us by a resolution of the General Court of the said Com- 
monwealth, passed on the 25th day of October last past, and 
ack|iowledging with grateful hearts the goodness of the Su- 
preme Ruler of the Universe in afibrding the people of the 
United States, in the course of providence, an opportunity 
deliberately and peacefully, without fraud or surprise, of en- 
tering into an explicit and solemn compact with each other, 
by assenting to and ratifying a new Constitution, in order to 
form a more perfect union, establish justice, insure domestic 
tranquillity, provide for the common defence, promote the 
general welfSeire, and secure the blessings of liberty to them- 
selves and their posterity; do, in the name and in behalf o( 
the people of the Commonwealth of Massachusetts, assent to 
and ratify the said Constitution for the United States of 
America." 

This State recommended nine amendments to the Consti- 
tution. The first, which was the most important, was, — " That 
it explicitly declared that all powers not expressly delegated 
to Congress by the aforesaid Constitution are reserved to the 
several States to be by them exercised. ' ' The third was, — That 
Congress do not exercise the powers granted by Section 4 
Article 1, except in cases of the refusal of a State to make 
the regulations therein mentioned, ''or shall make regulations 
subversive to the rights of the people to a free and equal 
representation in Congress agreeably to the Constitution." 

6th. Georgia. — "Now know ye, that we, the delegates of 
the people of the State of Georgia, in convention met, pur- 
suant to the resolutions of the b^lature aforesaid, having 
taken into our serious consideration the said Constitution, 

VOL.L— 7 



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90 C0V8TITUTI0KAL HIBTOBT 

kftve assented to^ ratified, and adapted, and by these preeente 
do, in yirtae of the powers and authority to us gtren by the 
people of the eaid State for that purpose, for and in behalf 
ef ourselTes and our oonstituents, fidly and entirely assent 
to, ratify, and adopt the said Gonstituticm/' 

7th. Maryland. — "We, the iegidatnre of the/ people of the 
State of Maryland, having folly considered the Constitution 
ef the United States of America, reported to Congress by the 
OonFention of Deputies from the United States of America, 
held in Philadelphia on the 17th day of September, in the 
year 1787, of which the annexed is a copy, and submitted to 
us by a resolution of the General Assembly of Maryland, in 
tiie NoYomber session, 1787, do, for ourselves and in the 
name and behalf of the pe<^le of this State, assent to and 
ratify the said Constitution." 

8tb. S(mUk Carolina. — "The Convention having maturely 
considered the Constitution or form of government reported to 
Congress by the Conventi<m of Delegates from the United States 
of America, and submitted to them by a resolution of the legis- 
islature of this State, passed on the 17th and 18th days of Feb- 
ruary last, in order to form a more perfect union, establish jus- 
tice, insure domestic tranquillity, provide for the common 
defence, promote the generid welfare, and secure the blessings 
of liberty to themselves and their posterity, do, in the name 
and behalf of the people of this State, hereby assent to and 
Ratify the said Constitution." South Carolina further said, — 
"And whereas, it is essential to the preservation of the rights 
reserved to die several States, and the freedom of the people 
under the operations of a general government, that the right 
of prescribing die manner, time, and places of holding elec- 
tions to the Federal le^^islature ^ould be forever inseparably 
annexed to the sovereignty of the several States, this Con- 
vention doth declare that the same ought to remain to all 
posterity a perpetual and fundamental right in the local, ex- 
clusive of the interference of the General Government, except 
in cases where the legislature of the States shall refuse or 
neglect to perform and fulfill the same according to the tenor 
of said Constitution." 

Oth. New Hampshire. — ^In convention of the delegates of 
the people of the State of New Hampshire, June 21, 1788. 
"The Convention having impartially discussed and fuUy con- 
aidered the Constitution for the United States of America, 
Deported to Congress by the C<mvention of Delegates from the 



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OF THB UKinD STATICS. 91 

United States of America, and submitted to ns b j a resolu- 
tion of the General Court of the said State, passed the 14tik 
day of December last past, and acknowled^g with grateftd 
hearts the goodness of the Supreme Euler of the Universe, in 
affording the people of the United States, in the course of 
his providence, an opportunity deliberately and peaceably, 
without fraud or surprise, of entering into an explicit and 
solemn compact with each other, by assenting to and ratify- 
ing a new Constitution, in order to form a more perfect union, 
establish justice, insure domestic tranquillity, provide for the 
common defence, promote the general welfare, and secure the 
blessings of liberty to themselves and their posterity, do, in 
the name and behalf of the people of the State of New Hamp- 
shire, assent to and ratify the said Constitution for the United 
States of America." 

New Hampshire made the following recommendations before 
it was incorporated in the Constitution by amendment, as did 
other States : — " That it be explicitly declared that all powers 
not expressly delegated by the aforesaid Constitution are re* 
served to the States to be by them exercised." 

10th. Virginia. — "Do, in the name and in behalf of the 
people of Virginia, declare and make known, that the powers 
granted under the Constitution being derived from the people 
of the United States, be resumed by them whensoever the 
same shall be perverted to their injury or oppression ; and 
that every power not granted thereby remains with them and 
at their mil; that, therefore, no right of any denomination 
can be canceled, abridged, restrained, or modified by Con- 
gress, by the Senate or House of Representatives, acting in 
any capacity, by the President, or any department or officer 
of the United States, except in those instances in which 
power is given by the Constitution for those purposes ; and 
that among other essential rights the liberty of conscience 
and of the press cannot be canceled, abridged, restrained, or 
modified by any authority of the United States." 

11th. New York piade many recommendations and decla- 
rations. Among others, ^e says, — " That the power of the 
government may be reassumed by the people whensoever it 
Aall become necessary to their happiness ; that every power, 
jurisdiction, and right, which is not by the said Constitution 
clearly delegated to the Congress of the United States, or the 
departments of the government thereof, remains to the people 
of the several States or to their respective State governments, 



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92 CONSTITUTIONAL HISTORY 

to whom they may have ^nted the same ; and that those 
clauses in the said Constitution which declare that Congress 
shall not have or exercise certain powers, do not imply that 
Congress is entitled to any powers not giyen by the said Con- 
stitution, but such clauses are to be construed either as excep- 
tions to certain specified powers, or as inserted merely for 
greater caution." 

Mr. Lansing, a member of the New York Convention, made 
a motio» that, in the ratification of the Constitution, there 
should be reserved to New York a right to withdraw herself 
from the Union 4fter a certain number of years, unless the 
amendments proposed should be previously submitted to a 
general convention. This motion was negatived by a decided 
vote against it. 

12th. North Carolina prefixed a bill of rights and a series 
of amendments, with the resolution, — ^' That a declaration of 
rights asserting and securing from encroachment die great 
prmciples of civil and religious liberty, and the unalienable 
rights of the people, together with amendments to the most 
ambiguous and exceptionable parts of the said Constitution of 
government, ought to be laid before Congress, and the con- 
vention of the States that shall or may be called for the pur- 
pose of amending the said Constitution, for their consideration 
previous to the ratification aforesaid on die part of North 
Carolina." 

The Convention neither ratified nor rejected the Constitution, 
but passed by a large majority a resolution recommending to 
the legislature of the State, whenever Congress passed a law 
for coUecting an impost in the States that ratified, (ten having 
ratified,) that this State enact a law for collecting a similar 
impost on goods imported into that State, and appropriate 
the money arising therefrom to the use of Congress.* 

Vermont^ in her act of ratification said, — " This Convention 
having impartially deliberated upon the Constitution of the 
United States of America, as now established, submitted to 
us by an act of the Greneral Assembly of the State of Ver- 
mont, passed October 27, 1790, do, in virtue of the power 
and authority to us given for that purpose, fully and entirely 
approve of, assent to, and ratify the said Constitution ; and 
declare that immediately from and after this State shall be 
admitted by the Congress into the Union, and to a full parti- 

» £moU*8 Debates, toI. iv. p. 219. 



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OF THB UKITBD STATES. 98 

dpatioii of the benefit of the government now enjoyed by the 
States in the Union, the same shall be binding on us and the 
people of the State of Vermont forever."* 

• When the ratification of New Hampshire was received by 
Congress, it bein^ the ninth State, Congress passed 
a resolution that uie ratifications of the Constitution i^.^ 
of the United States be referred to a committee to 
examine the same, and report an act for carrying the Consti- 
tution into operation. * 

This committee reported an act which, after the Ji^H 
Constitution received its ratification, provided the ' \ 

first Wednesday in January ensuing for appointing electors / 
in the several States for the election of Presi- 
dent ;t that they assemble on the first Wednesday 
in February to vote for President. Nothing was said about 
the Vice-President. 

North Carolina afterwards ratified the Constitu- mot.itw. 
tion and came into the Union. 

Rhode Island ratified, declaring, among other ifayao, 
general principles, "that the powers of the govern- "*^* 
ment may be resumed by the people when necessary to their 
happiness ; and that all rights not delegated to Congress by 
this instrument (the Constitution of the United States,) re- 
main to the people of the several States or their State govern- 
ments;" at the same time requesting an amendment to this 
effect. 

NoTS. — ^It is a singolar and interesting point in the political history of 
the States, which, though bearing no connection with the present history, 
may yet be introduced in this place, that after the adoption of the Federal 
Constitution most of the States remodeled their constitutions, and in eyery 
instance almost they established, as far as property qualification is con- 
cerned, unlimited right of suffrage ; whilst at this day many look upon it 
as a fearful encroachment upon rested rights, and there is no doubt but it 
is an innoTation upon the true representatiye principle, and liable to great 
and dangerous tendencies, yet it bears the sanction of the earliest fathers 
of the ^public, and is coeyal with the RcTolution itself, being eyen prior, 
in reference to Virginia. 

Vlrmia twice exercised an unlimited right of suffrage, and twice she 
turned ftrom it, before adoptins it for the third time in 1851. 

In (Georgia, under her constitution adopted in 1789, the right to yote was 
extended to adl tax-paying resident freemen. 

In 1790, South Carolina adopted a new constitution ; the right of suffrage 
was only restricted to tax-paying citisens : subsequently this requisite was 
abolished. 



* Yer. State Papers, p. 194. f Joum Cong, of Confederation. 



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94 OOKSTITUTIOHAI. HIBTOBT 

The tame jear PennsjlTanU adopted a new oonatitutioa, witlieut anj 
limitaiioii, except two yeare* residence, and pajing a tax. 

The constitution under which Vermont came into the Union, adopted in 
1777 and slightlj altered in 1785, reoogniied unirersal suffitige to eyery 
man twenty-one years old, and of quiet and peaceable behayior, after one 
year's residence. 

In 1792, Kentucky adopted a constitution with a similar proyision. George 
Nicholas, formerly of Virginia, was one of the ruling spirits of Kentucky 
at this time. 

In 1796, Tennessee adopted her constitution, allowing eyery freemen to 
Tote. 

In most of the States an alteration took place at different times eleyating 
the standard of the electiye franchise, especially in reference to the term 
firemen, which was formed to embrace eyen emancipated slayes. In some 
of the free States firee negroes yote, but it requires a higher property quali- 
fication than in the same State is required for white men. 



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Of THB mnmoD sxitbs. 96 



CHAPTER III. 

THB ADMINISTRATION 09 aBOROB WASHINGTON. 

Amidst the primeval forest of America the wild sayace 
had roamed, the loud ocean had washed its shores, the bright 
and genial sun had poured its lustre over the land, which, 
watered by the showers of heaven, had offered its abundance 
on everr hand. European art and learning had softened and 
subdued the plenteous board of nature to the want of civiliza* 
tion; yet the far-sighted statesmen, the profoundest philoso* 
pher, had not pictured to the mind the mighty empure that 
slumbered on the wilds of North America; an empire unlike 
any the world had seen, where freedom in its untrammeled 
splendor would inspire man with the dignity of his birth, and 
sever forever the manacles that bound him to tyrants and 
despots. Here a new sun had risen in the political firmament, 
and though just bursting into view and dispelling the clouds 
that had so long clustered over the moral pathway of man- 
kind, yet as it arose, as from a sea of darkness, millions 
caught its first cheering rays as the harbinger of a brighter 
and better day ; and if the meridian was afar off, the morning 
of hope had dawned when the Constitution of the United 
States rose triumphant from the ruin of England's broken 
sceptre and shattered crown. 

Upon the adoption of the Constitution, which was to go 
into operation when nine States should give their approviu, 
the most important consideration was choosing a President. '^ 
Every friend of the new Constitution looked with intense 
desire to George Washington, as one whose brilliant care^, 
exalted position, mature wisdom, sorely-tried and unflinching 
integrity, would not only allay opposition to the Constitution, 
but reflect credit and honor upon the infant Republic, and stamp 
it in its tender years with the dignity of his own character. 

* New Hampehire formed the ninth State, consenting June 21, 1788. 



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96 COHSnrUTIONAL histoet 

On what other man could the mantle of the Revolution have 
fallen ? Where else could a well-directed choice have rested 
whilst Washington lived ? On the &rf\t Wpdn-gndftj i,n ,Fflv 
raar y^ 178 9. the first Presidential Jiilectors were chosen. On 
tEenrstWi^nesday in March of the same year, they assem- 
bled to vote for President and Vice-President of the United 
States. Washington received sixty-nine electoral votes for 
President, which made his election unanimous ; John Adams 
received thirty-four electoral votes for Vice-President ; the 
remaining votes were scattered among several other distin- 
guished gentlemen. Adams was duly elected Vice-President. 

Prior to the amendment of the Constitution the Electoral 
College voted for two persons or more; the one obtaining 
Uie lughest vote was elected President; the one obtaining 
the next highest, Vice-President. The election of Washington 
was made known to him officially at his country residence, — 
Mount Vernon, — ^where the hero of a Revolution was taking 
his rest, after the din of battle had rolled away, beside 
his own loved Potomac. Charles Thompson bore 

n«!!! ^^ the message to Washington, which summoned him 
again from the sweet domestic retirement he loved 
and courted. The certificate of the Secretary of the Senate 
was presented to him, the votes having been counted 
before both Houses of Congress on the oth of the same 
month. 

Here is presented a beautiful scene for the eye of specula- 
tive philosophy; here its votary may trace the three periods 
that distinctly mark in lineament and feature the stages of the 
Government of the present United States ; here he may see 
spread upon the historic canvas the crippled and infant efforts 
of the Continental Congress^ and watch its growing strength 
as it struggles against oppression. He may look with glad- 
dened eye as the picture brightens; he finds accumulated 
strength and strengthened hope as it emerges a C<mgre9S 
under the Articles of Confederation^ which linking and bind- 
ing the States with one cord in a common cause, he sees the 
sceptre tremble, and the waves of adversity, though rolling 
high, gradually, even in their wrath, passing away. How 
brightens the picture as the waves still continue to subside, 
and the Articles of Confederation, peering above the storm 
like the unscathed cliff, clear, bright, and almost spotless, are 
transformed into the Constitution of the United States^ as it 
moves '^sole and self-poised," like the sun in the firmament; 



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OF THB UHITBD 8TATB8. 97 

whilst its grayitatinff principle is the affection and orderly 
and brotherly love of the millions of Americans it has made 
and will continue to make free and happy men ! 

On the second day after Washington was informed of his 
election, he started for New York; leaving his family at 
Mount Yemon, he took leave of his affectionate companion, 
who so often had mingled her prayers with his toils and trou- 
bles, and the cheering smile of admiration with his noblest 
success. A short time before he left Mount Vernon for New 
York, he had visited his devoted and aged mother at Frede- 
ricksburg, Virginia, for the last time ; she died on the 25th 
of August following his election ; and now the earth covers 
the mortal remains of this truly pious woman. Upon the 
tomb is seen as the best eulogy, ^^Mary^ the mother of Wash- 
infftan.'* Mary did not see Washington after his election; 
yet she must have felt the withering grasp of age momentarily 
relaxed by this renewed manifestation of the appreciation 
of that character her own noble virtue had nursed and trained, 
alike for the highest service of his country and his God. 

The strongest evidence of esteem was manifested, from Alex- 
andria to New York, as the President elect pursued his way. 
He reached New York on the 28d of April. He was inaura- 
rated on the 30th. On this day commenced the first admin- 
istration of the government under the newly-adopted Con- 
stitution. 

Higher and heavier responsibility rested upon the initiatonr 
efforts of this administration than upon any succeeding period. 
The Constitution was an experiment, the machinery of Uovem- 
ment new and incomplete ; many and varied difficulties were 
calculated to retard and embarrass its operation. The ex- 
penses of the Government were to be regularly discharged ; 
a heavy debt of nearly $80,000,000 rest^ on the restricted 
resources of the Republic ; a destitute army awaited the action 
of Congress for the support of themselves and families ; dis- 
content disturbed the minds of some, distrust was lingering 
on the lips of others. These and other difficulties were to be 
adjusted by that Administration, which, being the first, would 
be looked to by its successors as an example and a light to the 
intricacies of government. In addition to these difficulties, 
the administration of Washington encountered on its very 
threshold a strong political resistance, which led to the first 
formation of parties under our Constitution, as will be more 
particularly noticed hereafter. At no period of our existence 



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98 OOHSTITUTIOHAL HS8T0ET 

can it be said we were firee from the influence of party difier^^ 
enoe and distinctions ; party, with its partialities, its aversions, 
its adherence or rejection of measnres and systems necessarily 
existing, as well as coexistent with the formation of human 
institutions, devebped itself among the people of the Colonies, 
and gradually expanded its feelings and prejudices over ike 
entire land. Before the Revolution, during its continuance, 
and upon its immediate close, great discord existed am(»ig the 
people, arising from individual embarrassment. A diffln'enoe 
of opinion, a difference of policy as well as principle, at onoe 
arose in reference to the delivery of the people from embar- 
rassment and impending ruin. One contended for an exact 
and scrupulous fidelity to public and private engagements ; 
individual embarrassment, they thought, was to be alleviated 
by a high and honorable maintenance of character, industry, 
and prudence, not by the relaxation of the law, and the con- 
sequent impairment of moral principle as well as contract. 
The other party advocated ana delineated a more indulgent 
course, manifesting a sympathy for the debtor class which 
tended strongly to the interruption of the enforcement of claims 
and collection of debts. ^'To exact a faithful compliance," 
says Chief-Justice Marshall, <^with contracts, was, in their 
opinion, a harsh measure which the people would not bear. 
They were uniformly in favor of relaxing the administration 
of justice, of affording facilities for the payment of debts, or 
of suspending their collection and remitting the taxes."^ 

In many of the States the latter formed Uie most numerous 
party, which resulted in an opposition on their part and a 
resistance of the transfer of the powers of Government, ne^ 
cessary for the control of these measures, from the hands of 
the people and the immediate government of the States, to 
the hands of Congress ; and the ^^ emission of paper money, 
the delay of legal proceedings, and the suspension of the oc^- 
leotion of taxes, were the fruits of their rule whenever they 
were completely predominant."t 

This party struggle became more violent for several years, 
as it was periodically renewed; its animation increased, be- 
cause in the State government no restraint existed to check 
this wild and radical principle, whilst the uncertainty of these 
great and important measures produced distrust in the Govern- 
ment, and an instability in the principles upon whkh it was 

« Marshall, toL ti. p. 108, 2d ed., 1850. f Ibid., p. 108. 



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09 THl UNITBD BTATKU 99 

deaigned to stand; whicb ^^ produced a long train of ills, and 
is seriously believed to have been amone tke operating caiues 
of those pecuniary embarrassments which, at the time, were 
so general as to influence the legislation of ahnost eyery State 
in the Union* Its direct consecj^uence was the loss of confi-' 
d^ce in the Goyemment, and mdiyiduals/'* ^^In priyate 
transactions/' says the author just quoted," ^^an astonishing 
degree of distrust prevailed. The bonds of men whose ability 
to pay their debts was unquestionable, could not be negotiated 
but at a discount of thirty^ forty ^ a^ndjifty per centum; real 
property was scarcely vendible, and sales of any artide for 
ready money could be made only at a ruinous loss." 

The measures of the Administration were denominated 
Federal ; but though odium ultimately fiustened itself upon 
the declining moments of the Federal party, it will be seen 
that the measures of this party and the principles it incul- 
cated, were sound and ptire, as were the illustrious names with 
which it stands in its origin identified. 

Those«who opposed the Administration were called anti- 
Federalists. John Adams and Hamilton remained steadfast 
friends of the Administration. The opposition numbered 
some of the ablest and most influential men of that period ; 
among whom, Madison, Langdon, Williams, and Baldwin 
may be proudly mentioned. 

The earliest step on the part of the legislative department 
of the Grovemment was its organization. The Vice-President 
was ex'offieio President of the Senate. Frederick A. Muhlen- 
burg, of Pennsylvania, was elected the first Speaker of the 
House of Representatives. Upon the delivery of the inau- 
gural address, the earliest efibrts were directed to the adoption 
of the rules and relations for the government of Congress. 

After the adoption of the parliamentary law, 
Congress passed a law creating the offices of the 
executive departments. At first there existed only three ;* 
at the head of each there was to be a secretary.f The De- 
partment of State included our domestic as well as foreign 
mterests, though it was at first thought (so large a portion of 
our domestic affairs being governed by the regulation of the 
States in their sovereign capacity) that a separate depart- 
ment for the latter interest was unnecessary. The requisite 
preliminary steps being taken to effect the organization of the 

* MankaU, p. 104. f Sparks's Life of Waehington, 416. 



17^277 



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100 CONSTITUTIONAL mSTORT 

Gt)yernment, it became necessary that Washin^n should 
proceed to make appointments of the 'cabinet officers. This 
duty devolved a delicate and responsible task upon the Presi- 
dent. The members of the cabinet were to be his legal ad- 
visers, upon whose opinions he was expected to place a just 
and reasonable confidence; who, if persons of hieh moral and 
mental qualifications, had the right to expect the confidence 
of one who had called them around him, in part for the pur- 
pose of advice and consultation. Upon the character of the 
selections made, in many respects, would be the cast and type 
of the Administration. Washington had ample means of 
judging ; his time was not limited. In calmly surveying the 
field, he saw that long experience and high talent pointed to 
Thomas Jefferson as among the most suitable to fill the De- 
partment of State. He was on the eve of departure from 
France, where, as the successor of Dr. Franklin, he had acted 
as minister, to the eminent satisfaction of his country and 
well merited honor to himself: he was better acquainted with 
the State and diplomatic interest of the country than any one 
else. The Treasury Department was filled by Alexander 
Hamilton, whose transcendent ability, purity, and firmness, 
had made him the friend of Washington, and among the most 
efficient supporters of our revolutionary struggle, as he was 
of the Administration of one, to whom he gave the light of 
his genius, his knowledge, and the force of his character. 

Hamilton had opposed many features that were ingrafted 
on the Constitution; yet upon its adoption, with a patriotic 
magnanimity that ever distinguished his course, he surren- 
dered his predilections and gave his hearty support to the 
Constitution, not only in debate, but by the pen, as is attested 
by the strong, sincere, and eloquent numbers of the "JRwfo- 
raliaty*' which bear his name and the impress of his genius. 

Under the Articles of Confederation, Henry Knox had 
acted as Secretary of War. He had distinguished himself as 
an officer in the army, and won high influence from an un- 
blemished moral character. He proved an efficient cabinet 
officer, esteemed by Washington, and appreciated by the com- 
munity for his public service. The post of Attorney-General 
was filled by Edmund Randolph, who had attained the highest 
eminence in his profession, occupied the gubernatorial chair 
of Virginia, and represented his State in the Convention that 
framed the Constitution of the United States, as well as 
the Convention of Virginia that ratified the same Cousti- 



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OF THB UNITBD STATES. 101 

tution. In the Convention that framed the Constitution 
of the United States, Randolph had taken a position that 

Csed him among the most distinguished members of that 
J, and acquired fresh fame as a sound debater and wise 
man. Thus was filled the cabinet offices of the beginning 
of the administration of our GoYemment under the Constitu- 
tion of the United States. 

The Judiciary of the United States has been alluded to in 
another part of this work. Washington's mind was alive to 
its importance. "Impressed," said he, "with a conviction 
that the administration of justice is the firmest pillar of good 
government, I have considered the first arrangement of the 
judicial department as essential to the happiness of the coun- 
try, and the stability of its political system." From its first 
organization to the present day, this august tribunal has ex- 
ercised an exalted influence. The interest of the country, 
its hopes, its safety, have often rested upon the integrity, 
wisdom, and firmness of the chief-justice and associate jus- 
tices of this court. It has always received the confidence 
and admiration of the people ; their hopes and expectations 
have always been realized, and justice has always rested 
secure from the influence of the demago^e, the chicanery of 
the political trickster, or the more imposmg as well as insinu- 
ating address of wealth. Here learning, ennobled by wisdom, 
tempered by purity, supported by firmness, has held undis- 
puted dominion and dispensed even-handed justice, whether 
a sovereign State in its grandeur and dignity, or the humble 
and helpless citizen trusting alone to the honesty of his cause, 
were contestants at its forum. Upon the organization of the 
court, the appointment of chief-justice was conferred upon 
John Jay. No man existed more suitable for this office; edu- 
cated at the bar, brought up amidst the excitement of the 
Revolution, he was deepl;^ imbued with the spirit and consti- 
tutional system under wmch our institutions had their being: 
to profound and judicial learning and great capacity, he 
united an unstained integrity and unfaltering firmness. 

Congress, at the first session, proposed to the legis- 
latures of the different States, twelve amendments 
to the Constitution, ten of which were adopted, — ^viz. the first 
ten as written in the amendments to the Constitution. 

The ratification of the amendments by the States were as 
follows : — ^New Hampshire, all except the Second Article ; New 
York, ditto ; Pennsylvania agreed to the 8d, 4th, 5th, 6th, Tth, 



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102 00V8TITUTI0KAL HIBTOBT 

8th, 9th, lOdi, 11th, 12th ; Delaware, all except the First 
Article; Maryland, all; South Carolina, ditto; iforth Caro- 
lina, ditto; Rhode IsUmd and Providence Plantations, ditto; 
New Jersey, all except the second; Virginia, all - No returns 
from Massachusetts, Connecticut, Georgia, Kentucky. The 
Eleventh Article of the amendments was proposed at the first 
session of the Third Congress.* The Twelfth Article was 
proposed at the first session of the Eighth Congress, f 

III reference to Article the 10th, amendments to the Con- 
stitution, which says "the powers not delegated to the United 
States by the Constitution, nor {prohibited by it to the States, 
are reserved to the States respectively, or to the people," the 
received and accurate learning appears to be, that the powers 
granted to Congress are not exclusive of similar powers ex- 
isting in the States, unless where the Constitution has ex- 
jffessly in terms given an exclusive power to Congress, or the 
exercise of a like power is prohibited to the States, or there 
is a direct repugnancy or incompatibility in the exercise of it 
by the States. An example of the first class is found in the 
exclusive legislation delegated to Congress over places pur- 
chased by consent of the legislature of the State in which the 
same shall be, for forts, arsenals, &c. Of the second class, 
the prohibition of a State to coin money or emit bills of credit. 
Of the third class, the power to establish a uniform rule of 
naturalization, and the delegation of admiralty and maritime 
jurisdiction. In all other classes of cases the States retain 
concurrent authority with Congress. In cases of concurrent 
authority, where the laws of the Union and of a State are in 
conflict, those of the Union being the supreme law of the 
land, are of paramount audiority.f 

The Constitution, in creatine the Executive Department, 
had made it the dutv of the President to recommend to Congress 
such measures as he might deem expedient. Washington's 
Inaugural Address had been received with unbounded applause 
from one end of the land to the other. 

Congress had assembled again. The features of 

^^^' Washington's administration were to be developed; 
the country was quiet ; its citizens happy in present comforts 
and the bouyancy of hope. Yet to the statesman's eye diffi- 
culties presented themselves, nor could experience or philoso- 



♦ See Con. Art. III., Sec. 2, clause 1. f ^id» -A-rt- H., Sec. 1, clause 8, 
I Houston V, Moore, 6 Wheaton, 1, 12, 49. 



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or THB UHTTBl) STAT86« lOS 

phj tell how long a cloudless sky would shed its beams upon 
the young Republic. Liberty had been won and proclaimed ; 
the citizens of the Republic ware free and untrammeled in 
their sentiments and convictions; free to act as they pleased, 
aave the m<H'al restraint of the enlightened law and public 
opinion of the age. No orders from the throne trammeled 
their thoughts or oppressed their industry or energy; no 
heavy pecuniary requisitions ground them to the dust: but 
the representative feature of the Government gave to the 
citizen a protective guard and controlling influence. 

Washington wished to anticipate the wants of the country 
and unfold the system of his administration. 

On the 8th of January he announced his first i^^^ 
Message to Congress, which was received with plea- 
sure and admiration by Confess, as well as an anxious com- 
munity. America looked with the most intense interest to 
the development of Washin^on's system of administration ; 
Europe with curiosity and &ar ; for America, poised as she 
had been and might then be in the scale of chance, had 
already thrown a flood of light and truth upon the dark and 
cloud-stricken governments of Europe, well calculated to 
alarm her monarchs and make the firmest throne vibrate to 
its centre. 

Washington's first Message, though brief, was a sensible 
and comprehensive papen There was but little detail, and 
the measures he recommended were such as necessarily formed 
the basis of a wise and practical administration, modeled by 
his own genius to suit the exigencies of a new Republic and 
explore an untried field of government. He urges provision 
for the common defence of the country; measures for facili- 
tating intercourse with foreign nations by means of embas- 
sies; the adoption of a uniform rule of naturalization; 
uniformity in currency, weights, and measures of the United 
States ; patent-right laws ; the protection of common agri- 
culture and manufaeture$y with other recommendations of a 
practical nature. 

This was the second session of Congress, to which was sent 
some of those masterly reports of Hamilton, which developed 
the high national policy that distinguished the administration 
of Washington for practical sense and usefulness ; and which 
has, in many respects, been followed by succeeding adminis- 
trations. Hamilton recommended the funding of the debt 
incurred by the Revolution; the assumption by the General 



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104 0ON8TITUTIO19AL HI8T0ET 

Government of the State debts ; a plan for raising revenne 
from foreign goods, and a national bank. 

These were the chief recommendations of the Secretary of 
State. They were approved by Congress and received the 
approbation of Washington. The national bank was not in- 
corporated until the next session. 

It was estimated by the Secretary of State that the public 
debt amounted to seventy millions of dollars ; the expenses 
of the Government were estimated at three and a half mil- 
lions ; the proceeds from impost and tonnage were but two 
millions one hundred and seventy thousand. It was clearly 
seen at this early day that measures must be adopted to ex- 
tricate the Gt>vemment from its heavy indebtedness ; four- 
fifths of the State debts had been assumed, whilst the annual 
expenses of the Gt>vernment exceeded the receipts. At this 
session of Congress the States of Vermont and Kentucky 
were admitted into the Union. 

It is not only interesting, but highly instructive, to observe 
the character of the debates upon constitutional questions 
about this period, involving deeply the interest of the country 
and establishing principles to be interwoven with the future 
history of the Constitution. Many members of this and a 
few succeeding sessions of Congress, had served in the Con- 
vention that framed the Constitution, and their opinions are 
ever to be cherished as exponents of the true reading of that 
instrument. 

As early as May 16, 1789, a bill had been introduced into 
die House of Representatives, laying duties on goods. It was 
a revenue measure, and the first tariff that passed Congress; 
the duties that were moderate were chiefly specific, though 
a few were to be estimated ad valorem* It cannot be denied 
that some of the distinguished men who participated in this 
debate had an eye to the protection of our manufactures, 
though opposed to the monstrous system of monopoly which 
after years proved came so nearly being fastened upon the 
country. 

Madison moved to lay an impost of eight cents on all beer 
imported; he did not think it would be a monopoly, but hoped 
it would be such an encouragement as to induce the manu- 
facture to take deep root in every State in the Union. He 
thought that the States most advanced in population and ripe 
for manufactures ought to have their interest attended to in 
some degree. There may be some manufactures, he con- 



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OF THB UHITBD STATB8. 105 

tinned, which, being once formed, can advance towards per- 
fection without any adyentitions aid ; while others, for want 
of the fostering hand of Goyemment, will be unable to go on 
at all, and legislative attention will therefore be necessary to 
collect the proper objects for this purpose. 

Clymer advocated a tariff for revenue and the encourage- 
ment of manufactures. 

Carroll advocated but moderate protection. 

Wadsworth said by moderating the duties we shall obtain 
revenue, and give that encouragement to manufactures which 
is intended. 

Fisher Ames was in favor of only a moderate protection. 

Fitzsimmons was willing to allow a small duty, because it 
conformed to the policy of the States who thought it proper 
in this manner to protect their manufactures. 

Hartly, White, Bland, of Virginia, Boudinot, Sinnickson, 
and Lawrence were in favor of very moderate protection. 

Smith, of South Carolina, said that the people of his State 
were wilUng to make sacrifices to the manutacturing and mari- 
time interest of their sister States.* 

In the House of Representatives, June the 16th, ^ts^. 
on a bill establishing an executive department to be 
denominated the Department of Foreign Affiiirs, the first 
clause, after recapitulating the title of the officer and his 
duties, had these words, — "to be removable from office by 
the President of the United States.*' This gave rise at once 
to a very learned and animated debate upon the President's 
power of removal under the Constitution. 

Bland and White, of Virginia, Gerry, Huntington, Liver- 
more, and Jackson were opposed to the power of removal 
being vested in the President alone. 

It was contended by Gerry, who appears to have been the 
most prominent, and by far the ablest debater on this side of 
the question, who said, '^That some gentlemen considered this 
as a question of policy, but to him it appeared a question of 
constitutionality. It had been argued that if the power of 
removal rests m the President alone, it annuls or renders 
nugatory the clause in the Constitution which directs the 
concurrence of the Senate in the case of appointment ; it 
behooves us not to adopt principles subversive of those esta- 

* Ellioti'8 Debates, toL it. p. 829 ; Lloyd's Debates of Congress, toI. L 
p. 66. 

VOL.L— 8 



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106 OOHSTinmONAL histoet 

Uiflhed bj the Constitution. It has been frequently asserted 
on former occasions that the Senate is a permanent body, and 
was so construed in order to give durability to public measures. 
If they are not absolutely permanent, they are formed on a 
renoyating principle which gives them a salutary stability. 
This is not the case either with the President or House of 
Representatives; nor is the Judiciary equally lasting, because 
the officers are subject to natural dissolution. It appears to 
me that a permanency was expected in the magistracy, and, 
therefore, the Senate were combined in the appointment to 
office. But if the President alone has the power of removal, 
it is in his power at any time to destroy all that has been 
done. It appears to me that such a prmciple would be de- 
structive of the intention of the Constitution, expressed by 
giving the power of appointment to the Senate. It also sub- 
verts the clause which gives the Senate the sole power of 
t^ing impeachments, because the President may remove the 
officer in order to screen him from the eflFects of their judg- 
ment on an impeachment. Why should we construe any part 
of the Constitution in such a manner as to destroy its essen- 
tial principles, when a more consonant construction can be 
obtained ? 

'^It appears very clear that this power may be distributed 
by the Constitution; the House of Representatives have 
nothing to do with it. Why, then, should we interfere in the 
business ? Are we afraid the President and Senate are not 
sufficiently informed to know their respective duties ? Our 
interposition argues that they want judgment, and are not 
able to adjust their powers without the wisdom of this House 
to assist them. 

^'It was said by his colleague that these officers are the 
creatures of the law; but it appeared that we were not content 
with that, for we were making them the mere creatures of 
the President. Thev dare not exercise the privilege of their 
creation if the President shall order them to forbear; because 
he holds their thread of life; his power will be sovereign 
over them and will soon swallow up the small security we 
have in the Senate*s concurrence to the appointment, and 
we shall shortly need no other than the authority of the 
supreme executive officer to nominate, appoint, continue, or 
remove." 

On the other side it was argued by Boudinot, Baldwin, 
Benson, Goodhue, Lawrence, and others, that the President 



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OF THB UKITBD 8TATBS. 107 

hftd, and ought to haye, the constitutional power of remoring 
all execQtiye officers at pleasure. Among the leaders in this 
debate, in advocacy of the power of removal by the President, 
were Fisher Ames and James Madison. 

Ames argued with great ability this grave and important 
constitutional question. The Constitution places all execu- 
tive power in the hands of the President ; and could he per- 
sonally execute all the laws, there would be no occasion for 
establishing auxiliaries; but the circumscribed powers of 
human nature in one man demand the aid of others. When 
objects are widely stretched out or greatly diversified, mean- 
dering through such an extent of territory as the United 
States possess, a minister cannot see with his own eyes every 
transaction, or feel with his hands the minutiae that pass 
through his department : he must, therefore, have assistants. 
But in order that he may be responsible to his country, he 
must have a choice in selecting his assistants, a control over 
them, with power to remove them when he finds the qualifi- 
cations, which induced their appointment, cease to exist. The 
executive powers are delegated to the President with a view 
to have a responsible officer to superintend, control, inspect, 
and check the officers necessarily employed in administering 
the laws. The only bond between him and those he employs 
is the confidence he has in their integrity and talents ; when 
that confidence ceases, the principal ought to have the power 
to remove those whom he can no longer trust with safety. If 
an officer shall be guilty of neglect or infidelity, there can be 
no* doubt but he ought to be removed ; yet there may be nu- 
merous causes for removal which do not amount to a crime. 
He may propose to do a mischief, but I do not believe the 
mere intention would be cause of impeachment ; he may lose 
the confidence of the people upon suspicion, in which case it 
would be improper to retain him in service ; he ought to be 
removed at any time, when, instead of doing the greatest pos- 
sible good, he is likely to do an injury to the public interest 
by being combined in the Administration. 

It had been said, when the question was ar^ed at a pre- 
vious time, that all powers not intended to be given up to the 
General Government were retained. He begged gentlemen, 
when they undertook to argue from implication, to be con- 
sistent, and admit the force of other arguments drawn from 
the same source. It is a leading principle in every free go- 
vernment, it is a prominent feature in this, that the legida- 



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108 COirfiTITUTIONAL HISTORY 

tive and ezecutiye powers shonld be kept distinct ; jet the 
attempt to blend the legislative and executive departments in 
exercising the power of removal, is such a maxim as ought 
not to be carried into practice, or arguments grounded on 
implication. 

After a brief allusion to the arguments of White, of Vir- 
ginia, and Smith, of South Carolina, both of whom were 
opposed to the exercise of the power, Ames concluded by 
observing, that these are the opinions entertained by gentle- 
men on diis subject : one that the power of removal is pro- 
hibited by the Constitution ; the next is that it requires it by 
the President; the other that the Constitution is entirely 
silent. It appeared to him, therefore, proper for the House 
to declare what is their sense of the Constitution. If we 
declare Justly on this point it will serve as a rule of conduct 
to the Executive Magistrate ; if we declare improperly, the 
Judicial^ will revise our decision: so that, at all events, the 
declaration ought to be made. 

This debate was very protracted, especially between Madi- 
son and Gerry, the former coinciding witn Fisher Ames, 
whose views have just been presented. Upon the winding 
up of Gerry's last speech, the call for the question becoming 

Sneral, it was put, Shall the words ^^to be removable by the 
*esident" be struck out? when it was determined in the 
negative by a vote of 20 to 84. 

^^ In February, the resolutions proposed by Fitz- 

simmons in relation to the funding system were 
taken up in committee of the whole. They related first to 
the provision for the foreign debt, about which there was but 
little debate; the second, whicli related to a permanent fund 
for the liauidation of the national debt, was the subject of a 
prolongea discussion. 

The views of both sides of the question are fully indicated 
by the speeches of Smith, of South Carolina, on the one, and 
Scott, Livermore, Tucker, and Jackson, on the other. 

In reference to the discrimination of the foreign debt, 
Smith, of South Carolina, said the Constitution was opposed 
to it; it was an export facto law. The transference of public 
securities was lawful at the time these alienations were made: 
an attempt to punish the transferees is an attempt to make 
an ex po9t facto law, by making that unlawful which was law- 
ful at the time it was done ; it alters the nature of the trans- 
action and annexes the idea of ffuilt to that which, at the mo- 
ment of commission^ was not only perfectly innocent, but was 



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Of THB UKITBD STATES. 109 

explieitly audiorised and encouraged by a pnblic act of Oon- 
gress. By that act those who had money were invited to 
purchase of those who held securities, and now they were 
called upon to punish the purchasers who bought under that 
invitation. The Constitution restrains the States from passing 
any law impairing the force of contracts : a fortiori is the 
legislature of the Union restrained.* 

The reason of the opposition of Smith, as indicated above, 
was, that in accordance with the report of the Secretary of 
the Treasury, it was proposed to pay the full amount of the 
foreign debt, but to scale the domestic debts according to the 
depreciation at which they had been purchased by the present 
holders, as had been done in reference to the holders of de- 
preciated paper money.f Smith, Sedgwick, Ames, Gerry, and 
Sherman, were the chief advocates for funding the debt at 
its nominal value. 

The views of Scott and his followers were utterly untenable. 
The certificates, he contended, had been paid out at certain 
nominal rates, as indicated upon their face. But the actual 
cash value of a large part of them at the time of their issue, 
had not exceeded a sixth or an eighth of their nominal value, 
which induced him to think that they had been received as a 
sort of compromise between the United States and their 
creditors, and as an actual discharge of the claims at that 
reduced rate. The actual, and not the nominal value of the 
certificates when given, was the substantial value of the thing 
to be looked at ; to redeem them at that rate would be a fuU 
compliance with the contract.;); 

The funding system as finally passed, authorized the do* 
mestic debts to oe paid by issuing certificates to the full 
amount, principal and interest; but upon one-third of the 
amount interest did not accrue until 1800. 

The most important feature of this system was the as- 
sumption of the State debts; it had been defeated in the 
first instance, but by a parliamentary manoeuvre, which has 
been appropriately called ^Mog-rolling," it was tacked on the 
bill in reference to the removal of the seat of government, 
and finally passed by a vote of 28 to 24. Sy this act 
921,500,000 were distributed among the States, payable in 
certificates of the State debts, as follows: — ^Massachusetts and 
South Carolina, $400,000 each; Virginia, $8,500,000; NorA 

* Elliott's Debates, toL It. p. 40R. f HUd. Hist. U. S., second series, 
ToL L p. 168. X Hild. Hist. U. 8., vol. i. p. 168. 



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110 CONSTITUTIONAL HI8T0BT 

Carolina, $2,400,000; Pennsylvania, $2,200,000; Connecti- 
cut, $1,600,000; New York, $1,200,000; New Jersey and 
Maryland, $800,000 each; New Hampshire, $800,000; 
Rhode Island and Delaware, $200,000 each. 

This measure was warmly advocated by Burke, Smith, of 
South Carolina, Lawrence, Goodhue, Gerry, Sherman, and 
others. Jackson, Page, White, and Moore opposed it with 
great vehemence. This was a just and proper measure, the 
reasons for which were clearly stated by Bland, of Virginia, 
the only one of her delegates who advocated it, and unfor- 
tunatelv died before the vote was taken. The debt of Vir- 
rinia, for instance, incurred during the war, and amounted to 
f 3,300,000 ; the interest had been paid by import duties, but 
now this resource was cut off and no other means remained 
but by taxation. The General Government was the recipient 
of the funds formerly received by import duties, and it w^w 
but just, as it was constitutional, that the General Govern- 
ment should pay those debts which would have been paid 
from that resource had not the States relinquished it. 

At this session of Congress the House became 

itSS** involved in an exciting debate in reference to 
slavery. The constitution of Massachusetts de- 
clared all men to be bom free and equal ; her courts had 
decided that this provision abolished slavery. A few months 
before her constitution went into operation, that State and 
Pennsylvania had adopted a system of gradual emancipation. 
Connecticut, Rhode Island, and New Hampshire had adopted 
similar provisions. The other States still retained the slave- 
holding system, though in New York an ineffectual effort had 
been made as far back as 1785 to abolish slavery. 

1790 ^^ *^® memorial of the Quakers from Pennsyl- 

vania, Delaware, and New York, concerning the 
abolition of the slave-trade, united with the petition from 
Pennsylvania, signed by Franklin, arose the debate which 
ensuea in reference to the power of Congress over slavery. 
Hartwell moved the reference of the first memorial to a spe- 
cial committee. 

Tucker said he considered the memorial so glaring an in- 
terference with the Constitution that he had hoped the House 
would not have given so much countenance to a request so 
improper in itself. Gerry replied to Tucker, and wished to 
know wherein the memorial had asked anything violative of 
the Constitution. 



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OF THB XJVTtJSD &TATB8. Ill 

Burke reprobated the commitment as subversiTe of the 
Constitution, as sounding the alarm, and blowing the trump 
of sedition in the Southern States. He would oppose the 
business totally, and if chosen on the committee he would 
decline serving. 

Scott, from Pennsylvania, was warmly in favor of the reso- 
lution and a friend of the memorial. 

Jackson was opposed to it, and painted in strong colors the 
alarming consequences to be apprehended from taking up the 
bufflness, — ^revolt, insurrection, and devastation, — ^and con- 
cluded by an observation similar to Burke. 

Sherman saw no difficulty in committing the measure ; the 
committee may bring in such a report as may be satisfactory 
to gentlemen on all sides. 

Saldwin, an emigrant from Connecticut, then representing 
a district in the State of Georgia, referred to the principles 
of accommodation which prevailed at the time of forming the 
Government. Those mutual concessions which then took place 
gave us a constitution which was to insure the peace and the 
equal rights and properties of the various States, and to pre- 
vent all infraction of the rights in this particular instance, 
they precluded themselves, bv an express stipulation, from all 
interference in the slave-trade. Congress is not called upon 
to declare its sentiments upon this occasion ; it cannot con- 
^tutionally interfere in the business. He deprecated the 
consequences of such a measure in very forcible terms, and 
hoped the House would proceed no further in the investigation 
of the subject. 

Smith, of South Carolina, recurring to the memorials, ob- 
served that Congress could not constitutionally interfere in 
the business upon the prayer of the memorialists, as that 
went to an entire abolition of slavery ; it could not, therefore, 
with propriety be referred to a committee. 

In the Southern States difficulties on this account had 
arisen in respect to the ratification of the Constitution, and 
unless their apprehensions on this head had been dissipated 
by their property being secured and guarantied to them by 
the Constitution itself, they never could have adopted it. Efo 
then depicted the miseries that would result from the inter- 
ference of Congress in the Southern governments. He as- 
serted, as his opinion, that if there were no slaves in the 
Southern States, they would be entirely depopulated ; from 
the nature of the country it could not be cultivated without 



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113 oovsTrruTiaiiAL histobt 

them ; their proprietors are persons of as much hnmaiiit j as 
the inhabitants of any part of the continent ; they are as 
conspicuous for their morals as any of their neighbors. 

John Page, of Virginia, was an ultra Republican, and had 
been defeated by Je£ferson for the gubernatorial office, next 
addressed the House. He was in favor of conmiitment. He 
hoped that the benevolent designs of the respectable memo- 
rialists would not be prostrated at the threshold, so far as to 
exclude a fair discussion of the prayer of their memorial. He 
did not think it applied for a total abolition of slavery ; it 
was only a requst that such measures may be taken consistent 
with the Constitution, as may finally issue in the total aboli- 
tion of the slave-trade. 

Madison thought the best mode of proceeding would be to 
commit the memorial without debate. But, afW the debate 
which had ensued, he entered into a critical review of the cir- 
cumstances respecting the adoption of the Constitution ; the 
ideas upon the limitation of the powers of Congress to inter- 
fere in the regulation of the commerce in slaves, and showing 
that they were not precluded from interposing in their impor- 
tation. He adverted to the Western country and the cession 
of Georgia, in which he thought Congress have the power to 
regulate slavery ; which showed that gentlemen were mistaken 
^ in supposing that Congress could not constitutionallv inter- 
jfere in the business in anj degree whatever. He was in favot 
lof committing the petitions, and justified the measure by 
/repeated precedents m the proceedings of the House. 
/ Gerry, who again occupied the floor, entered into a justifi- 
' cation of the interference of Congress as being fully com- 
patible with the Constitution. He descanted on the miseries 
to which these Africans are subjected by this traffic, and said 
he never contemplated this subject without reflecting what his 
own feelings would be in case himself, his children, or friends 
were placed in the same deplorable circumstances. He re- 
ferred to the Constitution, and pointed out the restrictions 
laid on the (General Government respecting the importation 
of slaves. It is not, he presumed, m the contemplation of 
any gentleman in this House to violate that part of the Con- 
stitution, but that we have the ri^ht to regulate this business 
is as clear as that we have any rights whatever; nor has the 
contrary been shown by any person who has spoken on the 
occasion. Congress can, agreeably to the Constitution, lay 
a duty of ten dollars a head on slaves; they may do this im- 



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Of THB UKITIBD 8TATI8. 118 

mediately. He made a calciilation of the value of slavee in 
the Sonthem States. He supposed the^ might be worth ten 
millions of dollars. Congress have a right, if they see pro- 
per, to make a proposal to the Southern States to purchase 
the whole of them, and their resources in the Southern coun- 
try may furnish them with means. He did not suggest a 
measure of this kind, but instanced these particulars to show 
that Congress certainly have a right to intermeddle in this 
business. 

Boudinot, from New Jersey, who had been commissary of 
prisoners during the war, and President of the Continental 
Congress, warmly advocated the views of Gerry. 

Stone, of Maryland, was opposed to the memorial; he said 
it was a thing of course, for there never existed a society of 
any considerable extent which did not interfere with the con- 
cerns of other people, and this interference has at one time 
or other deluged the world with blood. 

After four days of angry discussion, the memorial and pe- 
tition were referred to a select committee of seven, six of 
whom were from the North and only one from the South, as 
follows: — one from Virginia, New Hampshire, Massachusetts, 
Connecticut, New York, New Jersey, and Pennsylvania. 

The report of the committee was highly creditable to the 
members who composed it, and shows the character of the 
Congress at this day to have been beyond the reach of that 
fanaticism which have since indicated the temper of our 
Northern brethren. It was — 

First. ^^That the migration or importation of such per- 
sons as any of the States now existing shall think proper 
to admit, cannot be prohibited by Congress, prior to the year 
1808." 

Seoandlv. "That Congress have no power to interfere in 
the emancipation of slaves, or in the treatment of them, within 
any of the States; it remaining with the several States alone 
to provide any regulation therein which humanity and true 
policy may reouire." 

Thirdly. "That Congress have authority to restrain the 
citizens of the United States from carrying on the African 
slave-trade for the purpose of supplying foreigners with 
slaves, and of providing by proper regulations for the hu- 
mane treatment, during their passage, of slaves imported by 
said citizens into the States admitting such importations." 

Fimrthly. " That Congress have abo authority to prohibit 



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114 OOVBTirUTIONAL HBSTOBT 

foreigners from fitting out Teasels in any part of the United 
States for transporting persons from Africa to any foreign 
port."* 

It .wiU add much weight and dignity to the proceedings of 
the First Congress, to remember that amonff its leading men 
were found a respectable number who had been members of 
the Convention that formed the Federal Constitution, who not 
only understood its meaning, but were deeply imbued with 
its spirit. Among them were Langdon and Gilman, of New 
Hampshire; King, of Massachusetts; Sherman, of Connec- 
ticut; Morris, Clymer, and Fitzsimmons, of Pennsylvania; 
Bassett and Reed, of Delaware; McHenry and Carroll, of 
Maryland; James Madison, of Virginia; Butler, of South 
Carolina; Few and Baldwin, of Georgia. 

^^^ There was a third session of this Congress, which 

assembled at Philadelphia on the first Monday in 
December. The great measure of this session, — ^which was 
brief, terminating the 4th of March, 1791, — was the establish- 
ment of a national bank, which had been recommended by 
Hamilton. 

In taking a retrospective view of the financial history of 
the country, it is not surprising that the bank should have 
found the favor it did with Congress and the people. Viewing 
it as a practical measure, which might alleviate for a time the 
embarrassment of the people, is the only excuse for it. From 
the very beginning of the North American Settlements there 
was a constant indebtedness to the Mother Country, which 
not only abstracted all the specie from the Colonies, but 
forced a resort to other things as a sort of medium of ex- 
change. Virginia, Maryland, and North Carolina made use 
of tobacco for the purposes of exchange ; in Massachusetts 
and other parts of the country com and cattle were used. 
Massachusetts was the first to issue Government notes, which 
were made receivable for the payment of taxes in 1690, and 
afterwards a legal tender. The profuse issue of paper of this 
sort soon made it worthless. The same fate had awaited the 
issue of the notes of the Government during the Revolution. 
The Continental bills were succeeded bv Continental certifi- 
cates, which had also failed to supply the place of gold and 
silver. 

Robert Morris had introduced a system of banking, bor- 

* fiUioU*8 Debates, toL W. p. 416. 



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OF THB UKITBD STATB8. 115 

rowed from the Mother Coantrj, of issuing notes payable 
upon presentation in gold and silver. This institution, 
known as the Bank of North America, had been chartered 
by the Continental Congress ; several others had been char- 
tered by the States, which served to give satisfaction to the 
mercantile community of the North. The South scarcely 
required such facilities; they were only found in New York 
and Boston. 

The State of Pennsylvania adopted, by amendment of its 
charter, the Bank of North America, on account of the doubts 
existing as t-o the validity of its charter by the Continental 
Congress, it being generally conceded that there was no au- 
thority on the part of Congress to charter a bank. This bank, 
however, went down on the death of Morris. 

At the present time the financial afiairs of the 
Government were much perplexed, especially in the 
absence of a mint; we had to rely entirely upon foreign coin, 
and chiefly the Spanish dollar, with such others as flowed into 
our country by foreign trade. If there ever was a time that 
expediency would justify a national bank, it was this, when 
we had no national currency, when trade was stagnating for 
the want of a medium of exchange, and the Government 
embarrassed by the absence of a national currency. But it 
should be borne in mind that great danger lurks in the con- 
nection between the Government and baiiks, as is illustrated 
hj the two great financial catastrophes in the history of Ame- 
rican banking, — " the temporary stoppages of specie payments 
having both resulted from too intimate a connection on the 
part of the banks with the National Government ; in the one 
case as rash and improvident boiTowers, in the other case as 
borrowers no less rash and improvident.'** 

A bill was first introduced into the Senate for the incor- 
poration of a national bank, through which body it passed 
without difficulty. 

In the House it encountered a strong and able opposition. 
Giles, a new member from the Petersburg district, 
appeared as the successor of Bland, who died; he mt^ 
was soon an able and dbtinguished leader of the 
Republican party, than whom no one was more deeply imbued 
with its principles. 

He opposed with great zeal and ability the chartering of 

* HUd. Hist. U. 8., voL i. p. 262. 



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116 G0V8TITUTI0KAL HISTOftY 

the national bank. He considered it unconstitutional, to show 
which he read the first section of the bill which established 
the subscribers of the bank into a corporation ; to do which, 
he conceived, the Constitution had given Confess no power. 
He read the clause in the Constitution which had been ad- 
duced as sanctioning the exercise of such a power. This clause 
only respects, he said, all the necessary powers to carry into 
efiect such as were expressly delegated; that of forming cor- 
porations was not expressly granted. He then adverted to 
the power of borrowing money, vested in Congress by the 
Constitution, and controverted the idea that a bank was ne- 
cessary to carry it into execution ; it might, he granted, con- 
duce to a greater facility in exercising that power, but that 
it was expedient or necessary either to effect loans or establish 
the Government, he denied. If Congress in this instance, 
he observed, exercised the power of creating corporations, it 
was nowhere limited, and they might, if they thought fit, ex- 
tend it to every object, and in consequence thereof monopo- 
lies of East and West India trade be established ; and this 
would place us in the precise situation of a nation without a 
free constitution. 

He referred to the clause in the Constitution which pro- 
hibits Congress from giving preference to one pai*t of the 
United States over another, which he considered, with his 
other objections, sufficient to justify a rejection of the plan. 
If it is problematical only whether the establishment of this 
national bank is agreeable to the Constitution, this ought to 
be, he thought, sufficient to prevent an adoption of the sys- 
tem. He showed the consequences which would result from 
a doubt of the legality of the measure. He noticed the ob- 
jections which had been originally made by the people to the 
Constitution, and the pains which were taken to obviate their 
fears and apprehensions. The adoption of this plan would 
realize many of their disagreeable anticipations. He denied 
the necessity of a bank for the preservation of the Govern- 
ment. The only object, as the subject struck his mind, was 
to raise stock ; but it was certainly not expedient to kindle 
the flame of discontent, and rouse the fears and jealousies of 
thepeople in many States to raise stock. 

He took notice of some observations which had fallen from 
other gentlemen respecting incidental powers, and denied that 
such were possessed by Congress. 

The General Government was not a consolidated govern- 



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or THB UniTBI) STATES. IIT 

ment, bnt a federal goyermnent, possessed of such powers 
as the States or the people had expressly delegated ; but to 
support these incidental powers ceded to Congress was to 
make it not a federal, not even a republican consolidated go- 
yemment, but a despotic one. If this idea was contemplated, 
the people would be alarmed, and they would be justly alarmed, 
and he hoped they would be alarmea. 

Yining adyocated the policy and constitutionality of the 
measure. 

Madison, who did not oppose all banking systems, did not 
approye of the plan under consideration. 

Upon the general yiew of banks he recapitulated the seyeral 
adyantages which may be deriyed from them. The public credit 
might be raised for a time, but only partially. Banks, he 
conceiyed, tended to diminish the (j^uantity of precious metals 
in a country, and the articles receiyed in lieu of a portion of 
them which was banisned, conferred no substantial benefit on 
the country. He dwelt on the casualties that banks are sub* 
ject to. 

To be essentially useful in so extensiye a country they 
should be fixed in difierent parts of the United States, and 
in this yiew the local banks of the seyeral States could be 
employed with more adyantage than if any other system was 
adopted. Circumstances, in Great Britain, required that there 
should be one bank, as the object there is to concentrate the 
wealth of the country at a point, as the interest of the public 
debt is all paid in one place. Here a difference of circum- 
stances called for another kind of policy; the public debt is 
paid in all the different States. 

He denied the power of Congress to establish banks, and 
he had long entertained the opinion. All power had its 
limits; that of the General Goyernment was ceded from the 
mass of general power inherent in the people, and was con- 
sequently confin^ within the bounds nxed by their act of 
cession. The Constitution was this act, and to warrant Con- 
gress in exercising the power, the grant of it should be pointed 
out in that instrument ; this, he said, had not been done ; he 
presumed it could not be done. If we yentured to construe 
the Constitution, such construction was only admissible, as it 
carefully preseryed entire the idea on which that Constitution 
is founded. 

He adyerted to the clauses in the Constitution which had 
been adduced as conyeying this power of incorporation. He 



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118 OOKSTITUTIOHAL HIBTOBT 

said he could not find it in that of laying taxes. It was im- 
possible to deduce it from the power given to Congress to 
provide for the general welfare. If it is admitted that the 
right exists there, every guard set to the powers of the Con- 
stitution is broken down, and the limitations become nugatory. 
The present Congress, it was said, had all the powers of the 
old Confederation, and more ; under the old Grovemment a 
bank had been established, and hence it was deduced that 
the present Legislature had indubitably that power. The 
exigencies of Government were such, he answered, under the 
old Confederation as to justify almost an infraction of parch- 
ment rights ; but the old Congress were conscious they had 
not every power necessary for the complete establishment of 
a bank, and recommended to the individual States 
to make sundry regulations for the complete esta- 
blishment of the institution. 

To exercise the power included in the bill was an infringe- 
ment on the rights of the several States; for they could 
establish banks within their respective jurisdictions and pro- 
hibit the establishment of any others. A law existed in one 
of the States prohibiting cash notes of hand, payable on 
demand. The power of making such a law could not, he pre- 
sumed, be denied to the States ; and, if this was granted, and 
such laws were in force, it certainly would efiectually exclude 
the establishment of a bank. 

This power of establishing a bank had been deduced from 
the right granted in the Constitution of borrowing money ; 
but this, he conceived, was not a bill to borrow money. It 
was said that Congress had not only this power to borrow 
money, but to enable the people to lena it. In answer to this, 
he observed, that if Congress had a right to enable those 
people to lend who are willing but not able, it might be said 
that they have a right to compel those to lend who are able 
but not willing. 

He adverted to that clause in the Constitution which em- 
powers Congress to pass all laws necessary to carry its powers 
into execution, and observing on the oifiusive and ductile 
interpretations of their words and the boundless latitude of 
construction given them by the friends of the bank, said 
that by their construction every possible power might be 
exercised. The Government would then be paramount in 
all public cases; charters, corporations, and monoplies might 
be given, and every limitation effectuaUy swept away, and 



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OF THI UNTTBD 8TATB8. 119 

it could effectnaUy supersede the establishment of everj bank 
in the several States. 

The doctrine of implication, he warned the friends of this 
system, was a dangerous one, which, multiplied and combined 
in the manner some gentlemen appeared to contemplate, 
would form a chain reaching every object of legislation ip 
the United States. This power to incorporate, he contended, 
was of primary importance, and could by no means be viewed 
as a subaltern, and therefore ought to be laid down in the 
Constitution to warrant Congress in the exercise of it and 
ought not to be considered as resulting from any other 
power. 

Incorporation is as important as the power of naturalization ; 
and Congress, he presumed, would not exercise the power of 
naturalizing a foreigner, unless expressly authorized by the 
Constitution. He read a sentence in the bill respecting the 
power of making such regulations as were not contrary to 
law. What law? Wasit the law of the United States? There 
were so few, that there was aUowed a very considerable lati- 
tude to the power of making regulations, and more than any 
member, he conceived, would wish to grant. Were the laws 
of the individual States contemplated by this provision, then 
it would be in the power of the separate States to defeat an 
institution of the Union. He asked by what authority Con- 
gress empowered a corporation to possess real estate; he re- 
probated the idea. To establish this bank was establishing 
a monopoly, guarantied in such a manner that no similar 
privilege could be granted to any other number of persons 
whatever. He denied the necessity of instituting a bank at 
the present time; the Constitution ought not to oe violated 
without urgent necessity indeed. There were banks in the 
several States from which some advantages could be derived 
which could not be gained from an institution on the plan 
proposed. 

In confirmation of his sentiments, he adduced certain pas- 
sages from speeches made in several of the State conven- 
tions by those in favor of adopting the Constitution. These 
passages were fully in favor of this idea, that the General 
Government could not exceed the expressly delegated powers ; 
in addition to which he alluded to tne amendments proposed 
by Congress to the Constitution. 

In opposition to Madison, and in behalf of the bill, ap- 
peared Fisher Ames, from Massachusetts, a very able man. 



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120 C0F8TITUTI0NAL HIBTORT 

«nd among the most prominent of the Federal party then in 
Congress. 

Ames said, for his own part, he never doubted the oonsti- 
tntionalitj of the plan, and if the public sense was to be 
regarded on the occasion, their approbation of the measnre 
taken by the old Confederation respecting the Bank of North 
America, and their total silence on the constitutionality of 
the plan before Congress at this day, were to him sufficient 
proofs on the subject. The first question was, whether the 
powers of the House were confined to those expressly granted 
by the letter of the Constitution ; or whether the doctrine of 
implication was safe ground to proceed upon. If the letter 
of the Constitution was to be adhered to, the question he 
deemed determined ; but if a more rational plan was adopted 
and the sense of the Constitution, upon strict examination, 
appeared even doubtful, every member must then appeal to 
his conscience and understanding. If the powers of the House 
were circumscribed by the letter of the Constitution, much 
expense might have been saved to the public, as their hands 
would have been completelv tied. But by the very nature 
of government, the Legislature had an implied power of 
using every means not positively prohibited by the Constitu- 
tion, to execute the ends for which that government was 
instituted. Every constitutional right should be so liberalhr 
construed as to effect the public good. This, it has been saic^ 
was taking too great a latitude ; but certainlv to promote the 
ends of government, was the end of its existence ; and by 
the ties of conscience each member was bound to exercise 
every lawful power which could have a tendency to promote 
the general welfare : it had been said that the doctrine of 
implication was dangerous, and would alarm the people ; he 
thought it would not unless the alarm was well founded. 

Suppose the power of raismg armies was not expressly 
panted to the General Government, would it be inferred 
nrom hence that the power of declaring war, without the 
means of carrying it on, had been ceded to them ; would it 
be said that the blood of fellow-citizens was crying for ven- 
geance, though their lives and property called for protecti<m 
from the hand of government ; would it be said that they 
had not a constitutional right to be protected ; would it be 
urged that the Constitution, by not expressly granting to the 
General Government the power of levying armies, hM put it 



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OF THE UNITED 8TATBS. 121 

out of their power to protect its citizens ? This he conceived 
would be a very dangerous doctrine* 

Suppose the power of borrowing money had not been ex- 
pressly given to the Federal Government, would it not, in 
emergencies, be inferred from the nature of the general powers 
granted to it? Suppose the power to lend had not been men- 
tioned, and a surplus revenue in the public coffers, should it 
be distributed among the people or locked up and suffered to 
remain unproductive in the Treasury? Suppose the question 
of redeeming the prisoners in captivity at Algiers was before 
the House, would it be urged that nothing could be done in 
their favor by the Generid Government, because no power 
was specially granted ? Every person, he conceived, who felt 
as a man, would not think his hands tied when they were to 
be extended to the relief of suffering fellow-citizens. The 
power of buying certificates was not particularly mentioned 
m the Constitution, yet it had been exercised b^ the General 
Government, and was inferred from that of paymg the public 
debt, and £rom the reason of the case. The power of esta- 
blishing banks, could be deduced from the same source, from 
their utility in the ordinary operations of government and 
their indispensable necessity in cases of sudden emergencies. 
It was said that the State banks would serve all these pur- 
poses ; but why deprive the General Government, he asked, 
of the power of self-defence? 

He proceeded to prove that the power of incorporating 
the subscribers to the bank, could be deduced from that clause 
in the Constitution which had been termed the sweeping 
clause. Unless a reasonable latitude of construction of this 
part of the Constitution was allowed, he did not see upon 
what authority several acts of Congress would rest. Whence 
did the General Gt)vernment draw the authority they had 
exercised over the Western territory? That authority, he 
answered, must of necessity belong to Congress; it could not 
rest with the individual States. 

The power here was derived by implication, and was 
deduced from the reason and necessity of the case; and the 
power contended for in the present case might for the same 
reasons be exercised, and was drawn from the same source. 
The government of the Western territory was a special 
corporation, a corporation in its nature the most important ; 
and would it be said that Confess had acted unconstitu- 
tionally when they established it; and would the territory 

Vol. L— 9 



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122 CONSTITUTIONAL HISTORT 

be left under the control of the indiyidoal States ? He pre- 
sumed not. By the Constitution a power of regulating trade 
was specially given to Congress; under this clause thej had 
established regulations affecting ships, seamen, light-houses, 
&c. By parity of reasoning, he conceived that as the power 
of collecting taxes was specified among the rishts granted by 
the Constitution to Congress, they undoubtedly were entitled 
to make regulations affecting the instruments by means of 
which those taxes were to be collected. Some opposition to 
the system arose from the idea that it was an infringement 
on the rights of individual States. This objection he an- 
swered. It could not be denied that Confess had the risht 
to exercise complete and exclusive jurisdiction over the dis- 
trict, ten miles square, ceded for the seat of permanent 
residence, and over such spots as were ceded for light- 
houses, &c. In these places, then, it must be granted that 
Congress had authority to establish a bank. If this was 
allowed (and he could not see how it could be denied,) then 
the question became a question of place, and not of principle. 
He adverted to the preamble of the Constitution, which de- 
clares that it is established for the general welfare of the 
Union. This vested Congress with authority over all ob- 
jects of national concern or of a general nature. A national 
bank undoubtedly came under this idea, and though not 
specially mentioned, yet the general design and tendency of 
the Constitution proved more evidently the constitutionality 
of the system than its silence in this particular could be 
construed to express the contrary. He deduced the power 
also from those clauses in the Constitution which authorise 
Congress to levy and collect taxes. This could not be done 
firom every comer of so extended a country, without the 
assistance of paper. 

The debate was continued for a few days by Sedgwick, 
Lawrence, Sherman, and others, in behalf of the bill ; who 
were opposed by Jackson, R. B. Lee, and others. The bill 
passed the House by a vote of 39 to 20.* Washington ex- 
ercised great caution and deliberation before affixing his sig- 
nature to a measure of such importance. Written opinions 
were submitted to hiol by every member of the Cabinet, upon 
which they were divided; Jefferson and Randolph being 
opposed to it upon grounds of expediency and constitu- 

* EUiott'B DebftteB, vol. It. p. 416. 



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OF THB UNITBD STATES. 128 

tionality, while Hamilton and Knox were its warm advocates. 
Washington ultimately signed the bill. 

The capital of this bank consisted of 25,000 shares of 
$400 each ; its duration was limited to twenty years. Eight 
millions were to be subscribed by individuals, and two mil- 
lions by the Government. The aflFairs of the bank — ^which 
was located at Philadelphia — were managed by a board of 
twenty-five directors, chosen annually by the stockholders ; 
the directors were to choose a president from their own body. 

The second Congress assembled at Philadelphia, 
in obedience to a resolution of the preceding Con- ^ 

fess. In both branches of the National Legislature, the 
ederalists were in the majority. 

The first census of the United States had been taken and 
presented to this Congress. Its details were very simple, 
exhibiting the population as follows : — 

Free white males 16 years and upward, 814,896. Free 
white males under 16 years, 802,077. Free white females, 
1,586,688. All other persons except Indians not taxed, 
59,481. Slaves, 697,697. Total, 8,921,826. 

The number of members in the House was fixed at 105; 
not, however, without great difficulty and angry debate, 
which abounded in threats to dissolve the Union from the 
Northern section. The first bill fixed the number of Repre- 
sentatives at 118; which was adjusted to the ratio of one 
member for every thirty thousand, leaving large fractions at 
the North unrepresented, which occasioned the opposition 
from that section. The Senate amended the bill by raising 
the ratio to thirty-three thousand, which, decreasing the frac- 
tions in the Northern States, increased them at tne South. 
The House would not accede to the amendment of the Se- 
nate, but it was sustained, when sent back, by the casting-vote 
of the Vice-President; the House ultimately refused to recede 
from its first position, and this bill was lost. The House 
sent up a second bill, adopting thirty thousand as the ratio, 
providing at the same time for a new census and a new dis- 
tribution of Representatives, previous to the adjournment 
of the ensuing Congress. The Senate altered the bill by 
increasing the number to 120, and striking out the clause 
relating to the census and a new apportionment. The Se- 
nate's amendment was disagreed to, 81 to 80; when sent up, 
the Senate determined to maintain its position. A committee 
of conference was asked, which, thougn appointed, resulted in 



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124 CONSTITUTIONAL HISTORY. 

no good, the Senate standing to its fonner position. The 
House finally yielded by a vote of 81 to 29, almost geogra- 
phical ; the North in favor of a concurrence with the Senate, 
the South opposing it. This bill was sent to Washington, 
who vetoed it, Jefierson and Randolph being opposed to the 
bill, while Hamilton and Knox advised the President to sign 
it. A third bill was then introduced into the House, which 
apportioned the representation at the ratio of thirty-three 
thousand, which gave 105 members. 

It is worthy of observation that, according to the census, 
slavery existed throughout the Union, except in Massachu- 
setts and Midne^ Maine being at that time a part of Massa- 
chusetts. 

The struggle commenced at this time for a predominance 
of power between the Northern and Southern parts of this 
Union, which has often been agitated with the utmost vio- 
lence. In reference to an increased number of Representa- 
tives, the idea was favored by Northern men with a view to 
increase the taxation on slaves, the Southern States being 
much more extensively slave-holding. 

The first administration of Washington is interesting and 
instructive, not only on account of the management of our 
financial and domestic affairs, the high, neutraJ, and conser- 
vative policy manifested in reference to the wars that raged 
in Europe at the tii^e, but the light and wisdom thrown upon 
questions of deep and vital constitutional interest by those 
who had imbibed its spirit by watching and assisting at its 
formation and first operation. 

In March, Washington was inaugurated for the 
second term. In December of the same year, the 
Third Congress assembled. The friends of the Administra- 
tion endeavored to elect Sedgwick Speaker, but by a com- 
bination of parties, anti-Federal in tone and character, Muhl- 
enburg was chosen by a majority of ten votes. The Fifth 
Annual Message was communicated to Congress the first day 
of its session ; the most important feature of which was the 
allusion to the proclamation of strict neutrality which had 
been issued, in April preceding, in reference to the wars then 

1703 ^*8^8 ^ Europe, — ^heavy penalties being visitable 

upon all American citizens who violated this prin? 

ciple of neutrality, fundamental to the well-being of our 

Government, and established at this early period as the fixed 

policy of the nation. The attention of Congress was chiefly 



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OF THB UNITED STATES. 125 

occupied with the commercial affiiirs of the country, and our 
relations with France. Congress on the 28d of February, 
1791, passed a resolution calling on the Secretary of State 
for information in reference to our commerce. The report 
was sent in on December the 16th, 1793. On the 80th of 
December he made an additional report, communicating cer- 
tain documents from foreign goyernments.* 

This report, for fullness and accuracy, presenting with 
logical clearness the interest and duties of the United States, 
was justly celebrated as one of the ablest eflForts of that 
talented and distinguished statesman, Thomas Jefferson. On 
the next day he retired from the cabinet. He had lost the 
influence he once exercised on the political friehds and asso- 
ciates of the President, while Washington had begun to sus- 
pect him of treachery. It was obyiously the duty, as well 
as the interest of Jefferson, that he should retire. Hamilton 
and Enox represented the yiews of the President; while Jef- 
ferson and Randolph were the warm adyocates and strenuous 
friends of the Republican party, which they were striying to 
excite into life and action upon the oyerthrow of the Admin-* 
istration, and, in some respects, the political principles of 
Washington. 

The limited resources of the country and the arduous 
difficulties through which our commerce struggled, are exhi- 
bited by the report of Jefferson. But, at the same time, 
all must be struck with the masterly policjr that brightly 
shone oyer eyery effort of the Administration in reference 
to our foreign relations. The countries with which the 
United States had their chief commercial intercourse were 
Spain, Portugal, France, Great Britain, the United Nether- 
lands, Denmark, and Sweden. The articles of export which 
constituted the basis of our commerce, with their rei^ectiye 
amounts, were — 



Tobacco $4,849,887 

Rice 1,768,796 

Wood ^ 1,263,534 

Salted fish 941,693 

Pot and pearl ash 889,098 

Salted meats » 699,180 

Indigo 637,879 



Horses and mules $889,758 

Whale oil 252,591 

Flaxseed 286,072 

Tar, pitch, and turpen- 
tine 217,177 

Live provisions 187,748 

Foreign goods 620,274 



Exports under this report, were $7,649,887 

* American State Papers, Tol. i. p. 422; Stat Man., toI. i., p. 85. 

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126 CONSTITUTIONAL HISTORY 

The proportion of our exports which went to the nations 
before mentioned were in the following ratio: — 

Spain and its dominions » $2,006,907 

Portugal and its dominions 1,288,462 

France and its dominions 4,698,785 

Qreat Britain and its dominions 9,868,416 

United Netherlands and their dominions 1,963,880 

Denmark and its dominions 224,415 

Sweden ^ 47,240 

Due imports from the same countries were as follows: — 

Spain and its dominions ^ $855,110 

Portugal and its dominions 595,768 

France and its dominions ~ 2,068,848 

(}reat Britain and its dominions 15,285,428 

United Netherlands and their dominions 1,172,692 

Denmark and its dominions ^ 851,864 

Sweden 14,825 

The casting up of the above table, will exhibit the heavy 
disadvantages that pressed us down ; the disparity between 
our exports and imports, and that at a time, as is here exhi- 
bited, when a heavy debt rested like an incubus upon our 
tender and youthful bosom. 

This report exhibited to Congress for the first time the 
many and heavy restrictions that existed upon our commerce, 
and urged the President and cabinet to the negotiation of 
treaties with all the countries named above ; which gave not 
only more importance to the diplomatic negotiations at Wash- 
ington, but invested them with an interest and feeling that 
have attended no subsequent Administration. Upon all the 
articles alluded to in the foregoing table, each country men- 
tioned had some prohibitory or highly-restrictive duty. 

The report of .Tefierson recommencU, as the best manner in 
which our commercial difficulties might be "removed, modi- 
fied, or restricted," — ^first, "by friendly arrangements with 
the several nations with whom these restrictions exist;" or, 
secondly, "by separate acts of our legislatures for counter- 
vailing their efiiects." He expresses the decided opinion that 
the better mode would be the former, and that countervailing 
restrictions would embarrass our commerce "under piles of 
regulating laws, duties, and prohibitions." At times he seemed 
to indulge in the theory of unlimited and unrestricted com- 
merce with the world, but afterwards it received from his 
hands the most unqualified rebuke. Indeed, it appears in 
the latter part of this very elaborate and uncommonly able 



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OF THB UNITBD BTATB8. 127 

document, that he had considerable doubt about its beneficial 
operation; wherein he says, — "But should any nation, con- 
trary to our wishes, suppose it may better find its advantage 
by continuing its system of prohibitions, duties, and regula- 
tions, it behooves us to protect our citizens in their commerce 
and navigation by counter prohibitions, duties, and regula- 
tions also.** 

He exemplified in his latter years the truth of this remark^ 
and found it impossible to practice a theory which bore the 
condemnation of the world, however cherished it may have 
been by statesmen of the Jefiersonian school. "Free com- 
merce and navigation are not to be given in exchange 
for restrictions and vexations, nor are they likely to 
produce a relaxation of them.** 

Whatever may have been Jefierson's theoretic predilections 
for free-trade, it cannot be doubted that he abandoned them to 
some extent, and that our tariff policy received an early in- 
troduction into the practical operations of the Government 
at this time, and from this report. 

The very restrictive system adopted by Europe fell with 
dreadful blight upon our budding commerce. Great Britain 
had inflicted upon it great injury, with her eight or nine hun- 
dred vessels of nearly 40,000 tons burden. This was more 
than our country could bear, and our remedy was alone to be 
found in the lex talionis. 

On the 4th of January, Madison introduced into the House 
a series of resolutions in reference to our commercial affairs; 
they were somewhat in conformity with Jefferson's report. 
They proposed to lay specific duties on different branches of 
manufactures ; to lay additional tonnage duties on vessels of 
those nations who had no commercial treaty with the United 
States ; to reduce the duties on the vessels of those who had 
such treaties ; to retaliate all the restrictions which were im- 
posed by other nations, whether on the commerce or the navi- 
gation of the United States, either by the like restrictions or 
a tonnage duty; and lastly, to reimburse the citizens of the 
United States for the losses they had sustained bv the illegal 
procedures of other nations, out of the additional duties laid 
on the product and shippmg of such nation. "*" 

These resolutions were indefinitely postponed, yet the prin- 

* Tucker's Life of Jefferson, toL L p. 476; Manhall*8 Life of Washing- 
ton, Yol. ii. p. 292. 



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128 OONSTITUTIOHAL HISTORT 

oiples they inculcated, immortal as the memory of their au- 
thor, were ultimately destined to triumph. 

They gave rise, however, to a protracted debate, in which 
the two great parties of the country occupied widely diflferent 
positions. They were advocated by Madison, Nicholas, Giles, 
Findley, and others, on the one hand; and opposed by Ames, 
Boudinot, Hillhouse, Smith, of Maryland, Smith, of South 
Carolina, and others, of the Federal school. 

The FederaUsts endeavored to show that the commercial 
policy of Great Britain was more favorable to the United 
States than was that of France. The large amount of our 
imports from England, of which some complained, was also 
an evidence that we could purchase of her better fabrics, or 
on cheaper terms, than from other countries; that to dis* 
courage the trade with Great Britain by high duties, for the 
sake of bringing her to the level of other nations, was to tax 
ourselves for their benefit; that as to our navigation, it was 
admitted to be on a more favorable footing in the French 
than the English West Indies. 

The resolutions were supported on the ground that most of 
the injuries which the United States received from Great 
Britain proceeded from her unceasing efibrts to extend her 
commerce, and could only be countervailed by an appeal to 
the same regard to her interest. Its advocates were of opi- 
nion that tne propositions before the committee were the 
strongest weapons America possessed, and would, more pro- 
bably than any other, restore her to all her political and 
commercial rights. They professed themselves the friends of 
free-trade, and declared the opinion that it would be to the 
general advanta^ if all commerce was free. But this rule 
was not without its exceptions. The Navigation Act of Great 
Britain was a proof of the effect of one exception on the 
prosperity of national commerce. 

The idea was in existence too at this day, that there was 
another exception to the advantages of a free-trade, where 
tiie situation of a country is such with respect to another 
that by duties on the commodities of that other it will not 
only invigorate its own means of rivalship, but draw fi^m 
that other the hands employed in the production of those 
commodities.'*' It may be said that the most efficient reasons 

♦ Marshall, vol. ii. p. 808 ; Tuoker*B Life of Jeffereon, vol. 1. p. 477 ; Hild. 
Hist, of U. S., second series, vol. i. p. 459 ; fillioU's Debates, vol W. p. 442. 



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OF THB UNITED STATES. 129 

for postponing these resolutions were that our diplomatic 
relations with Great Britain were unsettled and uncertain ; 
that she might be irritated to the extent of defeating our 
treaty stipulations; and that our commerce would greatly 
suffer by a failure to negotiate with that power. 

At this time a very interesting question was brought to the 
consideration of Congress, which resulted in an amendment 
to the Constitution of the United States, and forms the Ele- 
yenth Article to the amendments, in these words, — "That 
the judicial power of the United States should not be con- 
strued to extend to any suit in law or equity commenced or 
prosecuted against one of the United States by citizens of 
another State, or by citizens or subjects of any foreign State." 

This amendment was proposed and carried at the first ses- 
sion of the Third Congress, and was afterwards ratified by 
three-fourths of the several States. 

This amendment was deemed necessary, and originated 
from the following circumstances. The question came up to 
the Supreme Court on a suit brought by a citizen of South 
Carolina against the State of Georgia. When the case was 
tried a majority of the court thought it constitutional for the 
suit to be brought, and it was mamtamed upon that clause 
in the Constitution which says the Judiciary of the United 
States shall haye authority to decide in " controyersies be- 
tween two or more States, between a State and citizens of 
another State, between citizens of different States, and be- 
tween a State and citizens thereof and foreign States, citi- 
zens, or subjects.'' One of the judges expressed doubts, 
whether under this clause the Constitution intended to giye 
such authority to the courts of the United States, being, in 
his opinion, a denial of the soyereignty of the States, f 

In the summer of this year arose one of those 
remarkable ebullitions of popular feeling which, 
though rare, are yet always to be dreaded. It is now known 
historically as the whisky insurrection. 

Among the measures adopted at the first session of the 
Second Congress was an excise act, imposing a duty on do- 
mestic dbtiUed spirits. The measure was yery unpopular 
and distasteful to the people. Great excitement was pro- 
duced, and the discontent increased until the year 1794. In 
Pennsylyania the popular feeling was irrepressible for a time, 

* Stat Man., yoL i. p. 86. 

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180 OOKSTITUTIONAL HISTORY 

and great outrages were committed; nntil, finally, the Presi- 
dent issued his proclamation to the Governors of Virginia, 
Maryland, Pennsylvania, and New Jersey, for 15,000 men. 
It was estimated that the insurgents covli muster 16,000 
well-trained and efficient fighting men, and it was deemed 
most judicious by the Executive to send a sufficient force to 
break down all attempts at a resistance to the law. Peaceful 
measures, however, were not overlooked ; commissioners were 
appointed by the President, — ^Bradford, recently made Attor- 
ney-General, Ross, a United States Senator, and Judge Yates, 
of the Supreme Court of Pennsylvania, — to visit the insurgent 
counties, with discretionary powers to arrange, any time prior 
to the 14th of September, for a submission to the laws. 
McKean and Gen. Irving were appointed on behalf of the 
State. At the same time Mifflin, the Governor of the State, 
issued two proclamations, the one calling together the legisla- 
ture, the other announcing his determination to obey the Pre- 
sident's call for the militia, and requiring the rioters to submit. 
These commissioners proceeded to the infected district, where 
they found a convention of upwards of two hundred mem- 
bers, — the county of Ohio, in Virginia, being represented by 
three delegates. On an eminence near Parkinson's Ferry, 
beneath the shade of spreading trees, surrounded by many 
spectators, some with arms, sat this rustic assembly. Albert 
(Jallatin was present and acted as secretary, whilst Cook was 
chairman. ... 

A set of resolutions were ofiered in this meeting against 
removing citizens out of the vicinage for trial, which passed 
unanimously. The second proposed a committee of public 
safety, with authority to call forth the resources of the 
western part of the State to repel any hostile attempts 
a^inst the citizens. Gallatin, who was opposed to all hos- 
tue proceedings, opposed this resolution, and proposed its 
reference to a committee. The mover, a man named Mar- 
shall, who began to waver, proposed to withdraw it, provided 
a committee of sixty were appointed to call another meeting, 
which was agreed to. 

In order to reduce this resolution into proper shape, it was 
referred to a sub-committee, consisting of Bradford, GttUatin, 
Breckenridge, and Husbands. Breckenridse, who was a can- 
didate for Congress from the Pittsburg district, afiected to 
act with the insurgents. The action of this sub-committee, 



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OP THE UNITED STATES. 181 

• 

which was unimportant, resulted in fixing the day for the 
meeting of the committee of sixty on the 2d of September. 

The first primary meeting had also appointed a committee 
of fifteen, to prepare business for the committee of sixty. 

This committee of fifteen met the commissioners at f itts- 
burg ; Gallatin and Breckenrid^e, whose sentiments had un- 
dergone a change. Cook, Marshall, and Bradford (not the 
Attorney-General) all were in favor of settling the dispute 
amicably, except Bradford. The demands of the commis* 
sioners were moderate, requiring from the committee of sixty 
a declaration to the effect, that they would submit to the laws. 
After many efforts to conciliate the insurgents, which failed, 
the commissioners reported to the President the result of 
their mission. On the next day, he issued his pro- g,^. 04. 
clamation, giving notice of the advance of the 
United States army, which, consisting of 15,000 men, had 
been held in readiness to support the laws. 

The invasion of a sovereign State by United States troops 
is always to be dreaded, fi; had, however, the effect of re- 
storing quiet; and at the third meeting of the Parkinson 
Ferry Convention, resolutions were adopted, submitting to 
the civil law, and recommending all delinquents who had not 
already secured an indemnity, to surrender for trial, and 
agreeing that the excise duty might be collected. The next 
step in this important proceeding was the arrest and trial of 
persons supposed to be criminally concerned in the late trans- 
actions. Many, however, of the leading characters had fled. 
Many who were arrested were dismissed, and nearly all ac- 
quitted. Breckenridge was bound over to stand his trial, but 
was discharged in order to be made a witness. Gallatin, who 
was afterwards elected to Congress from Pennsylvania, was 
upon the recent election returned to the Pennsylvania As- 
sembly. Hamilton made great exertions to bring Gallatin to 
trial, but failed. In a speech delivered in the Assembly of 
Pennsylvania, he confessed that he was engaged in the pre- 
paration of the Pittsburg resolutions of 1792, which, though 
violent, were not illegal; and during the Parkinson Ferry 
conventions, he had appeared in a very conciliatory attitude. 
The charges of thb insurrection upon the National Treasury, 
amounted to one million one hundred thousand dollars.^ 



* Bradford's Hist, of Fed. Gov., p. 75; Hild. Hist. U. S., second serieSi^ 
vol. i. p. 615. 



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182 CONSTITUTIONAL HISTOBT 

1795, On Monday, the 8th of June, the Senate con^ 

vened, in confonnity with the summons of the Pre- 
sident, for the purpose of taking into consideration Jay's 
treaty with Great Britain ; which, on the 24th of the same 
month, after a minute and laborious examination, was ratified 
by a constitutional majority. 

Randolph was the only member of the cabinet opposed to 
the treaty. Unbounded excitement spread throughout the 
country when the action of the Senate was known. Jay was 
the subject of unmeasured wrath ; while party spirit, inflamed 
by the darkest passions, leveled its poisoned shafts even at 
Washington, who previously, and in reference to the Penn- 
sylvania insurrection, had made some enemies, who for a 
time had been somewhat restrained ; but now their bitterest 
feelings were unloosed. Not only was the political conduct 
of the President assailed, but his moral character was equally 
the subject of detraction. It was alleged by the enemies of 
the Administration that he had not only violated the Con- 
stitution in negotiating the treaty without the advice and 
consent of the Senate, which was untrue, but that he had 
drawn more money from the treasury for his private pur- 
poses than his salary allowed, which no one could believe. 
"If," said Marshall, the friend and biographer of Washing- 
ton, " the ratification of the treaty increased the number of 
its open advocates, by stimulating the friends of the Admin- 
istration to exert themselves in its defence, it seemed also to 
give increased acrimony to the opposition. Never was a 
man or measure more improperly assailed than Washington 
in reference to the Jay treaty." 

Great umbrage was taken at the mysterious secrecy in 
which the negotiation had been involved. There was a pre- 
determined hostility to the treaty, which increased as the 
period for deciding its fate approached ; yet on its merits no 
particular opinion could be formed, because they were un- 
known. On the question of reconciliation between the two 
countries, a decisive judgment extensively prevailed. The 
sentiments called forth demonstrated that no amicable ar- 
rangement of our difficulties with Great Britain would be 
satisfactory. The statesman will ever look with delight and 
admiration upon the justness and wisdom that illustrate the 
administration of Washington in reference to our foreign 
affairs. Sympathy for France had been the main source of 
this violent opposition to the Jay treaty. Europe was agi- 



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OP THE UNITED STATES. 188 

tated and convulsed to its very centre by the violent wars 
that had raged for a long time. France, torn by domestic 
strife and oppressed by enemies from abroad, had been our 
strong and eflScient ally during the Revolution, and enter- 
tained feelings of the highest admiration for the beauty, 
force, and simplicity of our republican Government. Why 
should not the American who had stood side by side with the 
French at many a hard-fought battle, under the flag of Ame- 
rica, not feel the warmest regard for France? Her position 
in the affairs of Europe was critical and alarming. Great 
Britain, Austria, Prussia, Sardinia, and the United Nether- 
lands, stood with a common cause in deadly array against 
France, single-handed and unsupported. It was not un- 
reasonable that a strong party should exist in this country, 
in whose bosom glowed the most animated feelings in behalf 
of the French. They had poured out their blood upon Ame- 
rican soil to fertilize the land of liberty, and expended with 
a free and generous hand their money to feed the poor sol- 
diery of the infant Republic. The spirit of republican free- 
dom which had sprung from our soil had been wafted across 
the waters, inhaled by the Cabinet of Versailles, and found 
a quick and welcome reception in the breast of the French 
people. Sympathy and gratitude, equal in strength to any 
other passion of the human heart, united to urge our people 
to their rescue. Superadded to all this was a deep-rooted, 
and by no means unnatural hatred towards Great Britain. 
Washington felt a deep interest and anxiety for France. 
But our Government, young, weak, and undeveloped; our 
commerce, small and inadequate, and the debts of the Revo- 
lution heavy and pressing; our own health and vitality had to 
be nourished and protected with the utmost caution and skill. 
Our Government lacked the ability to give succor, and it was 
to our interest to cultivate the most friendly relations with all 
foreign powers. It was not then, nor can it ever be, to the 
interest of the United States to take any part in European 
difficulties. 

Agriculture presented its alluring charms, with a genial 
clime, a rich and virgin soil, an athletic and industrious yeo- 
manry; while Europe looked to us for food for her over- 
grown population and myriad army. There was true wisdom 
m the pohcy of our Government, proclaimed in the last official 
paper of the first administration of Washington, in which, 
as has been observed, he enforced by proclamation strict 



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184 CONSTITUTIOKAL HI8T0BT 

neutrality, which, though it gave some offence to the French, 
had the desired effect of keeping our people in proper re- 
straint. 

In reference to the policy which guided the Administration 
in its connection with Great Britam, it is obvious no other 
salutary course could have been pursued. A treaty or an- 
other war was absolutely unavoidable. The great injustice 
and oppression visited upon us must have been allayed at the 
cannon's mouth, or our just and national rights recognized 
and enforced by the sovereignty of treaty stipulations. 

The paralyzing effects of a seven years* war still preyed 
upon us ; with our energies thus impaired, every sentiment 
of high and patriotic duty impelled our Government to seek 
an honorable and amicable adjustment of the difficulties that 
existed. In April, the President nominated John 
Jay as Envoy Extraordinary to the Court of St. 
James. Our commerce was subjected at this period to ruin- 
ous depredations. By the influence of the British Ministry 
gsace had been concluded between the Dey of Algiers and 
ortugal. The vessels of the former had availed themselves 
of every opportunity in pursuing their depredations upon our 
commerce. The negotiation of the peace nad been attributed 
to Great Britain from unfriendly purposes towards the United 
States. This the Ministry disavowed. In consequence of 
our relations with Spain, we were in imminent hazard of war 
with that nation. The Spaniards meditated an attack upon 
us on the Mississippi, to which they were instigated by the 
French Minister, M. Genet. 

France and England made unfriendly exhibitions towards 
the United States, each being dubious of the assumed neu- 
trality of this Government. France had, with much arro- 
gance, intimated that she expected aid from us, and that 
national gratitude should prompt us to the effort. Great 
Britain feared an alliance between this Government and the 
French, whilst the latter had despaired of aid from us ; each 
ignorant of the diplomatic secrets of the other, felt great 
vexation towards the United States Government. 

Besides these and many other intricacies, all tending 

strongly to involve us in war with England, the feelings of 

our people were excited to the highest degree. An embargo 

had been laid for thirty days, and at its expiration, for thirty 

days more. A law had passed Congress to empower 

the President to establish and revoke embargoes at 



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OF THE UKITBD STATES. 135 

his discretion. An act had also passed increasing the officers 
and privates of the army; and authority was vested at the 
same time in the President to call on the Governors of the 
States for an increase of the militia. He was also empowered 
to have ten vessels of war built for our defence ; and many 
other acts were passed having a tendency to augment and 
embitter the national feeling towards Great Britain. 

It was under these circumstances, surrounded with these 
many vexed questions, that the ship of State had to be 
steered; and amidst which John Jay, relinquishing the highest 
law office in the world, accepted in his patriotic and self- 
sacrificing devotion to his country, the mission to England. 
No one was ever charged with higher interests; never was 
an ambassador perplexed with more difficult and harassing 
duties, which were discharged with consummate skill ana 
wisdom. 

I have alluded to the great opposition of many distin- 
guished members of Congress to this treaty. The excitement 
even reached many of the State legislatures ; whilst the popu- 
lace of many of the large cities were riotous in their opposi- 
tion not only to this treaty, of which they knew nothing, but 
to the idea of a treaty of any description. 

The best defence of the treaty, of Washington, and of the 
negotiation, was delivered by Fisher Ames, in answer to 
Madison and Giles, who had assailed it with their greatest 
ability and boldest declamation, for which the latter was emi- 
nently conspicuous. Madison contended that if the propo- 
sition for carrying the treaty into effect be agreed to, it must 
be from one of three considerations : either that the Legisla- 
ture is bound by a constitutional necessity to pass the requi- 
site laws without examining the merits of the treaty ; or that, 
on such examination, the treaty is deemed in itself a good 
one ; or that there are good extraneous reasons for putting it 
in force, although it be in itself a bad treaty. The first con- 
sideration bein^ excluded by the decision of the House, — ^that 
they have a right to judge of the expediency or inexpediency 
of passing laws relative to treaties, — the question first to be 
examined must relate to the merits of the treaty. 

He mentioned the permission of aliens to hold lands in 
perpetuity as a very extraordinary feature in the treaty. He 
would not inquire how far this might be authorized by con- 
stitutional principles, but he said no example of such a stipu- 
lation was to be found in any treaty that ever was made. 



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186 CONSTITUTIONAL HISTOBY 

either where territory was ceded or where it was acknow- 
ledged by one nation or another ; although it was common 
and right in such regulation in favor of the property of the 
inhabitants, yet he believed that in every case that ever had 
happened the owners of landed property were universally 
required to swear allegiance to the new sovereign, or dispose 
of their landed property within a reasonable time. With 
respect to the great points in the law of nations, compre- 
hended in the stipulations of the treaty, the same want of 
real reciprocity and the same sacrifice of interest of the 
United States were conspicuous. 

It is well known to have been a great and favorite principle 
with the United States that ^^free ships make free goods;" 
they had established the principle in their other treaties. 
They had witnessed with anxiety the general efforts and the 
successful advances towards incorporating this principle into 
the law of nations, a principle friendly towards all neutral 
nations, and particularly interesting to the United States. 
He knew that at a former period it had been conceded on the 
part of the United States, that the law of nations stood as 
the present treaty regulates it. But it did not follow that 
more than acquiesence in that doctrine was proper. There 
was an evident distinction between silently acquiescing in it, 
and dving it the support of a formal and positive stipulation. 
The former was all that could have been required, and the 
latter was more than ought to have been unnecessarily 
yielded.* 

Is it possible, said Ames, for a real American to look at 
the prosperity of this country without some desire for its con- 
tinuation — ^without some respect for the measures which many 
will say produced, and all will confess have preserved it? 
Will he not feel some dread that a change of system will 
reverse the scene ? • 

The well-grounded fears of our citizens in 1794 are not 
forgotten. Then they deemed war nearly inevitable; and 
would not this adjustment have been considered, at that day, 
as a happy escape from the calamity? The great interest 
and general desire of our people was to enjoy the advantages 
of the neutrality. This instrument, however mbrepresented, 
affords America that inestimable security. The causes of our 
disputes are either cut up by the roots or referred to a new 

* EOioU's Debates, yoL It. p. 448 



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OP THB UNITED STATES. 187 

negotiation after the end of the European war. This was 
gaining everything, because it confirms our neutrality, by 
which our citizens are gaining everything. This alone would 
justify the engagements of our Government. When the fiery 
vapors of war lowered in the skirts of our horizon, all our 
wishes were concentrated in thb, that we might escape the 
desolation of the storm. 

This treaty, like a rainbow on the edge of the cloud, marks 
to our eyes the space where it is raging, and affords at the 
same time the sure prognostic of fair weather. If we reject 
it, the vivid colors will grow pale ; it will become a baneful 
meteor, portending tempest and war. 

Let us not hesitate, then, to agree to the appropriation to 
carry it into faithful execution. Thus shall we save the faith 
of our nation, secure its peace, and diffuse a spirit and enter- 
prise that will augment its prosperity. The progress of 
wealth and improvement is wonderful, and some will think 
too rapid ; the field of exertion fruitful and vast ; the rewards 
of enterprise go to augment its power ; profit is every hour 
becoming capital ; the vast crop of our neutrality is all seed 
wheat, and is sown again to swell almost beyond calculation 
the future harvest of prosperity. In a strain of irresistible 
logic or impassioned eloquence this truly great man continued 
for some time to address the House.* 

John Adams heard the speech. Iredell was sitting with 
him. "My God, how great he is!" exclaimed the judge. 
"How great he has been — ^noble !" said Adams. It was de- 
signed that this speech should close the debate in the House 
of Representatives. So great was its power, the opposition 
wished longer time to rally against the vote for an appropria- 
tion to carry the treaty into effect. It was postponed several 
days, yet no one attempted to answer the great speech of the 
occasion. 

This treaty was bitterly opposed by the Southern delegation. 
Only four south of the rotomac voted for it, — Hancock, of 
Virginia, Grove, of North Carolina, Smith and Harper, of 
South Carolina. It was among the New England men that it 
received its support, four of the delegation only voting against 
it — Smith, of Vermont, Dearborn, Syman, and Vamum, of 
Massachusetts. 

* HUd. Hist, of U. S., second series, vol. i. p. 614. 
Vol. I.— 10 



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188 CONSTITUTIONAL HISTORY 

j79^^ In February the treaty was returned in the form 

in which it had been sent to the British Ministry, 
properly ratified. Washington immediately issued his procla- 
mation requiring its observance; a copy of the proclamation 
was sent to each House of Congress. The Republican party 
in the House had denied the authority of the President to ne- 
gotiate this treaty, and great dissatisfaction was exhibited 
because the proclamation nad been bsued before the House 
expressed its sense on the obligations of the treaty. 

^ Livingston, of New York, offered a resolution re- 
questing the President to transmit a copy of the 
instructions sent to Jay, along with the correspondence and 
other documents appertaining to the treaty. A violent debate 
ensued; after some days the resolution passed by a vote of 
57 to 35. The President refused to send the papers. His 
reason was that the House of Representatives had no consti- 
tutional agency in making treaties, and consequently were not 
entitled to the papers, in his communication, he mildly con- 
cluded by saying, — "A just regard to the Constitution and 
the duty of my office, under all the circumstances of this case, 
forbid a compliance with your request." The majority poured 
forth great indignation upon the reception of this answer. 
The spirit of opposition manifested by the House was imbibed 
to some extent by the people. 

Public meetings were held throughout the country, yet the 
treaty, though somewhat objectionable, was generally received 
with approbation, and the course of Washington approved. 

After the reception of the President's answer, the debate 
in the House became exceedingly interesting and animated. 
The most attractive and distinguished speech on the occasion, 
was delivered by Fisher Ames, fearlessly sustaining the Pre- 
sident, and defending the treaty. With him were Griswold, 
R. G. Harper, Sedgwick, and Wm. Smith. The opposition, 
equally distinguished for ability, was conducted by Living- 
ston, Madison, Gallatin, and GUes. 

The question was taken in committee of the whole, and 
was determined by the casting-vote of the chairman in favor 
of passing the necessary laws for the execution of the treaty, 
and the resolution was finally carried by fifty-one voting m 
the affirmative, and forty-eight in the negative.* In refer- 

* Marshall, VoL ii. p. 884 ; Hild. Hist U. S. second series, vol. L p. 
616; Bradford's Stat. Man. 



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OF THE UNITED STATES. 189 

ence to this treaty, which was in such imminent danger in 
the House, there can be no doubt as to the propriety of its 
being susjbained. That serious objections existed to it is not 
denied ; yet it was almost the salvation of the Government, 
and was better than the alternative of a protracted war. The 
Senate proceeded with great caution, occupying eighteen days 
in its consideration, and then it passed by only a constitu- 
tional majority. Washington's deliberation and consultation 
with the cabinet were well matured, he being occupied several 
weeks upon it before he gave it his sanction. It appears to 
have been considered as strong objections to the treaty in 
the first place, that it did not provide with sufficient decision 
for the prevention of impressments from American merchant- 
vessels. In the second place, notwithstanding the objection 
previously made by several of the States, it recognized the 
obliffation to pay the debts due to the refugees. In the 
third place, the restrictions upon the trade of the United 
States with the British West Indies were injurious to our 
navigation and commerce: vessels under one hundred tons 
only were permitted to enter their ports. And lastly, there 
was not so full and fair a commercial reciprocity as we were 
justly entitled to. 

Upon a full comparison of the advantages of this treaty 
and our diplomatic situation at the time, there can be but 
little doubt that the President, the Senate, and the excel- 
lent and illustrious negotiator, are fully justified in the eyes 
of posterity, and that the nation shoidd be thankful for so 
honorable an escape from a conflict that might have proved 
fatal to the hopes of young freedom in republican America. 
The position of the House was the most alarming feature 
attending this diplomatic negotiation. The Constitution very 
judiciously placed the treaty-making power with the Presi- 
dent, ^'by and with the advice and consent of the Senate," 
and the concurrence of two-thirds of the Senators present. 

The Constitution also forbids the withdrawal of money 
from the treasury, "but in consequence of appropriations 
made by law." If an injurious treaty is made, though 
the House has no agency in its negotiation, it cannot be 
denied that it has not authority under the Constitution to 
defeat it, if thought proper to withhold the necessary appro- 
priation. 

A recent historian appears inclined to put it upon the 



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140 CONSTITUTIONAL HISTORY 

ground of an extra constitutional and revolutionary right,* 
It is evident, however, that his opinion does great violence 
to the Constitution, whilst it throws an unjust odium upon 
the honest fearlessness of the representative body, whose 
duty it is to guard the treasury, and whose sentiments are 
more apt to be the reflected will of the people. 

The question of internal improvements by the General 
Government, has always been of absorbing mterest to the 
people of the United States. The Constitution is limited in 
expression in reference to the extent of the power conferred 
on Congress. Parties have always differed more in reference 
to the extent to which the power reaches than upon its con- 
stitutional existence: parties have differed more intensely 
upon this subject than any other ; and in a critical examina- 
tion of their position, it has been found to be very much con- 
trolled by geographic locality and sectional interest. 

That a limit must exist to its exercise none have denied ; 
that it will ever be finally settled, none will ever believe. 

The exercbe of this power has been claimed under several 
provisions of the Constitution : the power to establish post- 
offices and post-roads ; the power to declare war ; to regulate 
commerce with foreign nations and among the several States, 
and with the Indian tribes; the power to pay debts and 
provide for the common defence and general welfare of th^ 
United States; to make all laws which shall be necessary 
and proper for carrying into execution all the powers vested 
by the Constitution in the Government of the United States, 
or any department or officer thereof; to dispose of, and 
make all needful rules and regulations respecting the ter- 
ritory or other property belonging to the United States ; to 
provide and maintain a navy ; to raise and support armies ; 
to exercise exclusive authority over all places purchased, 
by the consent of the legislature of the State in which the 
same shall be, for the erection of forts, magazines, arsenals, 
dock-yards, and other needful buildings. These are some of 
the powers delegated to Congress. The provisions chiefly re- 
lied upon are those which give power to regulate commerce 
with foreign nations and among the several States and with 
the Indian tribes, and to provide for the common defences 
and general welfare. 

It is not my purpose, at this time, to enter minutely into 

* Hild. Hist U. S., second series, toL i. p. 586. 

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OF THB UNITBD STATBS. 141 

the history of internal improvements by the General Govern- 
ment. It will, however, throw much light upon this subject 
to refer back to the very beginning of our Government under 
the present Constitution; to the very first Congress, composed 
of men who had aided in framing that Constitution, and to 
observe their actions upon this branch of legislative jpower. 
In 1789 was passed the first '^ act for the establishment and 
support of light-houses, beacons, buoys, and public piers,'' 
which was approved by George Washington.* 

In passing on to the period at which I previously 
digressed in noticing this topic, it appears that 
James Madision ofiered in the House, a resolution for an 
inspection and survey of the great post-road from Maine to 
Georgia. The suggestion was made that this system might 
beneficially extend to all parts of the Union, for which pur- 
pose a committee was appointed to bring in a bill ; but sec- 
tional jealousy prevented any definite action on it, especially 
by the Northern and Eastern members, who thought it a 
scheme on the part of the South and the new Settlements to 
obtain roads for their benefit at the expense of the Union, f 
Jefierson, who addressed a letter to Madison at this time, was 
very much opposed to the resolutions. 

in the House of Representatives, Madison moved 
that the resolution relative to the survey of post- f®^^^* 
foads between the Provinces of Maine and Georgia, 
be taken up ; which, being read, he observed that two good 
efiects would result from the passage of the resolution ; the 
shortest route from one place to another would be determined 
upon, and the stability of the roads would induce persons to 
keep them in repair. His speech was brief, and he did not 
appear to think it necessary to argue the constitutional bear- 
ing of the question. Baldwin was glad to see this business 
brought forward; the sooner it could be carried into efiect the 
better. In many parts of the country there were no im- 
proved roads ; nothing better than Indian tracks. Bridges 
and other improvements, are always made with reluctance; 
whilst roads remain in this state, because it is known as the 
country increases in population and wealth, better and shorter 
roads will be made. All expense of this sort indeed is lost. 



* Hist, of Internal Improvements, voL iL p. 117 of Gong. Biography ; 
Hist of Cong. Washington's first term, 
f Hild. Hist. U. S., second series, voL i. p. 680. 



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142 CONSTITUTIONAL HISTORY 

It was properly the business of the General Gov^nment to 
ondertdce the improvement of the roads ; for the diflFerent 
States are incompetent to the business, their different designs 
clashing with each other. It is enough for them to make 
ffood roads to the different sea>ports ; the cross-roads should 
be left to the Government of the United States. 

Bourne thought great good would result from the passage 
of the resolution. 

Williams was opposed to it ; he did not think it right for 
the revenues of the post-office to be applied to this bill. He 
acknowledged the propriety of extending the post-roads to 
every part of the Union ; but he thought the House had better 
wait for the report of the committee to whom business rela- 
tive to the post-office had been referred, and which was being 
prepared to be laid before the House. 

After a few remarks from Madison and Thacher, the reso- 
lution was agreed to, and referred to a committee of five to 
prepare and bring in a bill.* 

This bill, owing perhaps to sectional jealousy from the 
Northern and Eastern members, did not pass. 

In the future progress of this work the subject of internal 
improvements will be historically noticed. It should, however, 
be borne in mind that not only at an early period of our Go- 
vernment did this subject seem to arrest the attention of our 
National Legislature, but immediately after its commence^ 
ment. At the very first Congress a law was passed making 
heavy appropriations for the establishment and support of 
light-houses, beacons, buoys, and public piers, which was ap- 
proved by Washington, August 7, 1789. At a very early 
period the minds of political men seemed to have but lit- 
tle dread from the exercise of this power, for "committees 
on internal improvements** were appointed by Congress eo 
nomine.'f 

Besides many acts which passed the National Legislature 
during the first administration of the Government in reference 
to internal improvements, we are enabled to learn the general 
policy of the Government at this time by reference 
to two reports made by Oliver Wolcott, the Secre- 
tary of the Treasury. The first bears date March 16, 1796. 



♦ EUiott's Debates, toL it. p. 446. 

f History of Internal ImproTements, Biographical and Political History 
of Congress, toL ii p. 109. 



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OF THB UNITBD STATES. 143 

It ia in answer to a memorial referred to him by the Honae of 
Representatives from a number of influential merchants m 
the city of Philadelphia, setting forth the great and increasing 
danger to the trade of that city in consequence of the insuf- 
ficiency of the public piers in the river Del aware, and prayiDg 
that an addition may be made to their number. 

The report, appreciating the propriety of an appropriation, 
recommends a sum not exceeding sixteen thousand dollars for 
the erection of four additional piers. 

On the 13th of Aprilj 1798, the same officer, to whom th© 
House bad referred similar memorials, recomraends an addi- 
tional appropriation of sixty thouaawd dollars for similar 
objects. In reference to which Wolcott thus expresses, as 
far as we can understand, the universal sentiment of the 
Executive, as well as the voice of Congress. 

"A question/* said he, "arises, whether expenses of the 
nature proposed ought to be general^ or whether they ought 
to be defrayed by a duty imposed on the tonnage of vessels 
employed in the river Delaware* On this point it is respect- 
fully suggested that though it may be difficult to form general 
rules by which to determine in all cases what establtsliments 
ought to be supported at the expense of the United States, 
and that though it is certain that many bays, rivers, and har- 
bors of this country are susceptible of improvements which 
it would be inexpedient for the Government to undertake, 
especially at present ; yet it is equally certain that national 
interests of the first importance are concentred in the prin- 
cipal commercial cities which cannot, consistently with public 
convenience, be submitted to tho direction of local policy. 

''The Secretary, whenever this subject has been presented 
to his view, has considered the river Delaware, below PhiJa- 
delphia, as entitled, in respect to establishments for the security 
of navigation, as any part of the coast adjoining to the high 
seap 

*' The proposed piers will be useful to forefgti veaselsj and 
to American vessels from all the States, Commercial ports 
upon the river, within the jurisdiction of these States will, in 
proportion to the extent of their trade, be nearly as mudi 
benefited by the establishments which are desired as the port 
of Philadelphia."* _ 

During the administration of Washington the diplomatic 



* Sutft Papcrt, Commerof BJid Kavigation, toL L p, S90. 



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144 coNsnruTioKAL hiktort 

relations between the United States and France reached a 
high degree of excitement and interest, threatening even the 
peace of the two countries. 

Jay's treaty and the proclamation of neutrality were alike 
regarded with much disfavor by the French Government. 
Several decrees were issued, by virtue of which American 
vessels were confiscated in direct violation of the treaty of 
commerce. The course pursued by the American Minister 
at Paris, James Monroe, met the disapprobation of Washing- 
ton, who thought him not sufficiently energetic in urging the 
protection of American rights. Monroe was recalled and 
Charles Coatsworth Pinckney appointed as his successor. 
Monroe was one of the first diplomatists of his age, and 
justly popular in France when he left, as he ultimately be- 
came in the United States. * 

Washington left the French difficulties unsettled; and, in 
order to present this question connectedly, I shall defer its 
consideration until the administration of John Adams, at 
which time it was permanently adjusted. 

On the 7th of December, 1796, Washington addressed to 
both Houses of Congress his last Annual Message. In this, 
an able and dignified State paper, he presented a comprehen- 
sive view of the interest and condition of the country. From 
extensive experience and the most mature deliberation, he 
fully comprehended, in many respects, the true interest and 
future policy of the growing Republic. With an eye to com- 
merce, he says, — "To an active external commerce, the pro- 
tection of a naval force is indispensable. This is man^est 
with regard to wars in which a State itself is a party. But 
besides this, it is in our own experience that the most sincere 
neutrality is not a sufficient guard against the depredations 
of nations at war. To secure respect to a neutral flag, re- 
quires a naval force.'* In reference to the permanent esta- 
blishment of a navy, he says, — " Will it not then be advisable 
to begin without delay to provide and lay up the materials 
for the building and equipping of ships of war, and to pro- 
ceed in the work by degrees, in proportion as our resources 
shall render it practicable without inconvenience, so that a 
future war of Europe may not find our commerce in the same 
unprotected state in which it was found by the present?'* He 
urges upon Congress the necessity of protecting our domestic 
manufactures. He also recommends the establishment of a 
national university and a military academy. 



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OF THH UHITBD STATES. 145 

Each House expressed a high admiration of the policy of 
the Administration, with an equal regard and admiration for 
the man. Yet, notwithstanding the unparalleled popularity 
of Washington and his administration, the answer which Con- 
gress proposed making to the address of the President did 
not pass the House without opposition and a warm debate. 
The answer of Congress embraced the following sentence, — 
"For our country's sake, for the sake of republicanism, it 
is our earnest wish that your example may be the guide of 
your successors, and thus, after being the ornament and 
safeguard of the present age, become the patrimony of our 
descendants.'' 

A motion was made to strike out this paragraph, which 
received the support of twenty-four members, which was 
almost a third of the whole number voting. Among them 
were Giles, Gallatin, Andrew Jackson, Livingston, Mason, 
Swanwick, and Varnum. Upon the final passage of the ad- 
dress, Blount, of North Carolina, called the yeas and nays; 
twelve members only voted against the address upon its pas- 
sage, conspicuous among whom were Giles, Andrew Jackson, 
Livingston, and Mason.* 

In reference to that clause in the answer quoted above, 
Giles said, — "If he stood alene in the opinion, he would de- 
clare that he was not convinced that the administration of the 
Government for these six years had been wise and firm. He 
did not regret the President's retiring from office. He hoped 
he would retire and enjoy the happiness that awaited his 
retirement. He believed it would more conduce to that 
happiness that he should retire than if he should remain in 
officcf" 

Washington communicated to Congress the con- 
dition of our relations with France. This paper Jj^*/*' 
throws much light upon the policy of the Adminis- 
tration, and fully justifies the position of neutrality which we 
were compelled, by every consideration of interest, to main- 
tain. 

The administration of George Washington was noyr rapidly 
drawing to a close; it terminated on the 4th of March. The 
retiring President witnessed the inauguration of his succes- 
sor, and soon left the seat of Government, for the quiet re- 

* Hild. Hist, of XT. S., second series, toL i. p. 697. Piikin. 
t Stat Man., toL L p. 98. Pitkin. 



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146 CONSTITUTIONAL BISTORT 

treat of his country home upon the picturesque banks of the 
Potomac. Covered with military renown, and equally dis- 
tinguished with civil honors, he sought that repose amidst the 
shfikdes of retirement he had so long desired. His retiring 
star, resplendent in fame, was enriched in the evening of his 
days by a nation's love and gratitude. His character, pure 
and spotless as perhaps has ever fallen to man, was at times 
the subject of violent vituperation ; yet it may almost be said 
that this great man left the Presidential chair with a ^^ con- 
science void of oflFence toward God and toward man." 

The policy of this Administration was national, compre- 
hensive, constitutional, and just; looking to the interest of 
the entire country, sectional feeling and sectional tendency 
found no favor in the eyes of Washington, whilst he carefully 
nurtured every interest of the Government. 

His was, perhaps, the most arduous task that has yet de- 
volved upon the incumbent of the Presidential chair, from the 
great difficulties to be encountered in the adaptation of such 
measures as would place this great republican ship upon the 
true and safe track of success and national advancement, 
from which it could not be shaken either by storms from 
within or without. His domestic policy was the protection 
of the great interests of manufactures, agriculture, and com- 
merce; the support of the latter, he saw, required the esta- 
blishment of a navy, which he warmly advocated. He was 
always urgent, in every constitutional way, to pay oflF the 
public debt, so justly called the " price of liberty ;*' and whilst 
the plan pursued was objected to by some, yet all objections 
soon passed away in its ample security and ultimate payment. 
Under this Administration, commerce, though subject to many 
hinderances and obstructions, reached an unexampled pros- 
perity; our tonnage was nearly doubled, the products of 
agriculture found a ready market; exports increased from 
nmeteen millions of dollars to more than fifty-six millions ; 
the imports in nearly the same proportion; whilst the revenue 
from imports exceeded the most sanguine expectations. 

His foreign policy was almost universally approved, which 
was strict neutrality in reference to all the wars that devas- 
tated Europe, with an absolute freedom from entangling 
alliances with any nation. 

The greatest difficulty that he encountered was in reference 
to France, and none can deny that he was not right in the 
course he pursued during the violent and vindictive war that 



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OP THB UHTTBD 8TAT1S. 147 

raged between her and England. To maintain the friendship 
of the one and avoid the enmity of the other, required the 
greatest caution and diplomacy; whilst at home he was 
equally successful in resisting the popular clamor in behalf of 
France, and suppressing the burning indignation often mani- 
fested against England. 

The most philosophic, the most eminent and valuable State 
paper ever issued by this American statesman, was his Fare- 
well Address to the people of the United States, bearing date 
Sept. 17th, 1796. 

Here he reviews the grand and multifarious interest of this 
country with a comprehensive and practical philosophy, ex- 
horting his countrymen, as a dying, pious father would his 
own children, to pursue the paths of virtue ; with a feeling 
and an interest never to be forgotten, he made and pub- 
lished this, his last political will and testament, for a people 
he had long and faithfully served and dearly loved. 

With filial reverence ought the people of the United States 
to cherish this last great production of their national bene- 
factor ; especially ought all to heed the forcible and practical 
advice to hold together in brotherly love and kindness. 

The manner in which he deprecated the formation of parties 
upon geo^aphical distinctions, spoken as it was witn pro- 
phetic vision, is commended to future statesmen as a cardinal 
point in the political philosophy of this country. 

To guard and protect the Union appears to have been 
among the most cnerished objects of his ambition and his 
pride. ^^ The Norths in an unrestrained intercourse with the 
South, protected by the eqtuil laws of a common government, 
finds in the productions of the latter great additional re- 
sources of maritime and commercial enterprise and precious 
materials of manufacturing industry. The Souths in the 
same intercourse, benefiting by the same agency of the 
North, sees its agriculture grow and its commerce expand. 
Turning partly into its own channels, the seamen of the North 
find its particular navigation invigorated ; and while it con- 
tributes in difierent ways to nourish and increase the general 
mass of national navigation, it looks forward to the protection 
of a maritime strengtn to which itself is unequaUy adapted. 
The Ea9ty in like intercourse with the We9t, in the progressive 
improvement of interior communications by land and water, 
will more and more find a valuable vent for the commodities 
which it brings from abroad or manufactures at home. The 



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148 GONSTITUTIOKAL HI8T0BT 

West derives from the Sast supplies requisite to its growth 
and comforts, and, what is perhaps of still greater conse- 
quence, it must of necessity owe the secure enjoyment of the 
indispensable outlets for its own productions to the weight, 
influence, and future maritime stren^h of the Atlantic side 
of the Union, directed by an indissoluble community of interest 
as one nation."* 

In this picture is presented a beautiful and forcible view 
of the unity of interest which this country afibrds, each sec- 
tion contributing to the welfare of the others, and each 
mutually dependent and mutually interested in preserving a 
unit^ of interest that shall pervade the whole, and bind every 
section in indissoluble ties. It is this happy combination 
and intertwining of interest, the same now as when Wash- 
ington wrote, the same through all time, that ought to render 
the United States indissoluble, and will, if each section will 
but remain (as in 1796^ content to perform for itself that par- 
ticular agency which, m securing its own interest, will, in the 
operation of the grand machinery of the Union, work in 
harmony with the whole, and for the good of all. 

If this general harmony of interest is left to its own free 
untrammeled operation, each to move in its appropriate 
sphere, each revolving around the Constitution as a source 
of common life and l^ht, then, like the great planetary sys- 
tem, may this Union be as permanent ; but if left to an un- 
supported and waning veneration for a written Constitution, 
then passion, and prejudice, and vice, may sunder it at any 
moment. Honesty and fairness of purpose, firmness and 
morality^ should enliven the spirit of the Government, and 
actuate the conduct of the people to give force, vitality, and 
permanence, to a republican Government. 

No one was ever more deeply imbued with human virtue 
than Washington ; no public character acted more in accord- 
ance with this standard, or required it more rigidly from all 
the ofiScials with whom he was politically associated. 

In the exercise of the executive powers, Washington ex- 
hibited his strong tendency to the Federal doctrine— indeed, 
he was a Federalist ; yet the most ultra Democrat can point 
to no measure of this Administration extending the powers 
of the Executive or of Congress beyond a fair and legal con- 
struction: and the Constitution came from the hands of 

* WaBhington'B Farewell Address. 



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OF THB UKITBD STATES. 149 

WashindK)n purer and sounder than it has ever been kept by 
any of his successors. 

That Washm^on was a great man, and eminent in his 
greatness beyond any character of the age in which he lived, 
none can deny ; yet it is diflScult to single out any one fea- 
ture, or designate the particular character of this greatness. 
As a warrior many have surpassed him in bold and brilliant 
achievements upon the battle-field ; as a statesman he* has 
been surpassed by others in great and comprehensive eflforts, 
by which empires have been brought down m humble submis- 
sion at the feet of daring genius. History cannot class him 
with Caesar, or Alexander, or Bonaparte, as a brilliant war- 
rior ; with Pitt, or Talleyrand, or Alexander Hamilton, as a 
statesman ; yet there was a harmonious union of the qualities 
of the head and heart, which made him in the field, in the 
cabinet, and as a man, greater than them all, and above 
any other man whose name adorns the historic pace. His 
career was the most successful of any person with whose 
life we have been made acquainted ; and the most brilliant 
results followed that success. If we view him at the head of 
the army, we find his great element of success was the re- 
sult of cool, cautious care, and judgment, which were also 
the faculties that prevailed in the cabinet. If it be possible 
to single out the constituents of that character which has 
been the pride of the civilized world, we would point to that 
eminence of judgment which made him always successful, 
and that purity of purpose which won the admiration of man 
on all and every pccasion. 



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160 CONSTITUTIONAL BISTORT 



CHAPTER IV- 

THE ADMINISTRATION OF JOHN ADAMS. 

John Adams was the second President of the United 
States. A short personal history of one whose life, cha- 
racter, and passion are so intimately interwoven with the 
infant strugrfes of American liberty, cannot fail to interest 
the reader. He was bom in that part of the town of Braintree 
(Massachusetts) now called Quincy. His ancestor, Henry 
Adams, to whom he was related in the fourth degree, had 
settled in Massachusetts about the year 1630, havine fled 
from Devonshire, England, to escape the persecutions oi that 
age. In 1751 John Adams was admitted a member of Har- 
vard CoUege; four years afterwards he graduated. He 
studied law with James Putnam, and was admitted to the bar 
in the county of Sufiblk, in 1758. He practiced in his native 
town for a while under the patronage of Gridley, at that time 
Attorney-General for the Province, and by his advice removed, 
in 1766, to Boston ; here he won much distinction as a faith- 
ful lawyer and an ardent and zealous advocate. The period 
of his early manhood was marked by excitement ; the sphrit 
of politics was intense, and this served as food for the genius 
of younff Adams. His attention was early drawn to pditics. 
He had been but a short time from college when he wrote to 
a friend, October 12, 1755, from which the following is ex- 
tracted : — 

" Soon after the Reformation a few people came over into 
this New World for conscience' sake. Perhaps this apparently 
trivial incident may transfer the great seat of empire into 
America. The only way to keep us from setting up for our- 
selves is to disunite us. Divide et impera. Keep us in dis- 
tinct Colonies, and then some great men in each Colony, 
desiring the monarchy of the whole, will destroy each other's 
influence, and keep the country in equilibrio.** 

In reference to this it was that the statesman Webster 



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OF THE UNITBD STATES. 151 

said, — "It is remarkable that the author of this prognostica- 
tion should live to see fulfilled to the letter what could have 
seemed to others, at the time, but the extravagance of youth- 
ful fancy. His earliest political feelings were thus strongly 
American, and from this ardent attachment to his native soil 
he never departed/' 

In 1770 he was chosen a representative from Boston, in 
the legislature. An interesting trial took place during this 
year. At which Adams appeared as counsel for the defence ; 
though not the only one, he was relied upon chiefly by the 
defendants. It was the trial of Captain Preston and some 
British soldiers, who fired, under his command, upon the citi- 
zens of Boston. Whilst a member of the Assembly he was bold 
in his opposition to the royal governor, who at that time was 
the famous Hutchinson ; nor was his pen inactive against the 
Government of the Mother Country. In 1774 he was elected 
a member of the Council, but his election was negatived by Go- 
vernor Gage. It was at this time that he published his spirited 
essays called "Nov Anglus," in replv to Sewal, the Attorney- 
General, who had written a series of papers signed "Massa- 
chusitensis.'' The same year he was appointed a member to 
the Continental Congress ; in that body he was at once re- 
cognized as among the most talented, ardent, and efScient 
advocates of the rights of America. He was again appointed 
to Congress, which met in May, 1775. At this time he 
seconded the nomination of Washington as Com- 
mander-in-chief of the American army. Notice 
has already been made of the patriotic services he rendered 
in 1776 as one of the advisers and supporters of the Decla- 
ration of Independence, being one of the committee of that 
body which reported the Declaration. He was deputed during 
this year, along with Franklin and Edward Rutledge, to treat 
with Lord Howe for the pacification of the existing difficulties 
between England and the Colonies. At this time he was 
ofiered the seat of Chief-Justice of the Supreme Court of 
Massachusetts, but declined. 

He was this year appointed a Commissioner to 1777, 
the Court of France in the place of Silas Dean, 
who was recalled. Adams did little during his stay in France. 
He sailed in February, 1778. On his arrival he found that a 
treaty of amity and commerce, also a treaty of alliance, had 
been signed. Dr. Franklin received from Congress the ap- 



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152 CONSTITUTIONAL HISTORT 

pointment of Minister Plenipotentiary; and Adams returned 
home in 1779. 

He accepted a seat in the Massachusetts Convention for 
framing the new Constitution. Whilst a member of this body 
he submitted a plan to the committee, of which he was a mem- 
ber, appointed to report a Constitution ; the plan of Adams 
was adopted in aU its important features. He was a member 
of this Convention when Congress determined to appoint a 
Minister Plenipotentiary to Great Britain, for the purpose of 

1779 negotiating a peace. Adams received the appoint- 
ment on the 29th of September, 1779, and sailed in 
the French frigate La Sensiblej in November. He landed at 
Ferrol, in Spain, and arrived in Paris, February, 1780. He 
remained until August, at which time he repaired to Amster- 
dam. He was instructed to procure loans in Holland, and 
afterwards received power to eflfect a treaty of amity and 
commerce. He effected a loan in 1782 for eight millions of 
ffuilders, and also negotiated a favorable treaty with Holland, 
m which the United States were recognized by that nation as 
free, sovereign, and independent. 

In 1781 he was associated with Franklin, Jay, Lawrence, 
and Jefferson, to conclude treaties of peace with the several 
European powers. The definitive treaty of peace was signed 
by Adams, Franklin, and Jay in September, 1783. In 
January, 1785, Congress appomted Adams Minister to the 
Court of Great Britain; his reception was courteous, yet the 
British Ministry were cold and formal. The old feeling of 
hostility had not subsided and he was unable to negotiate a 
commercial treaty. Yet Adams rendered in other respects 
valuable and permanent services to his country. His assist- 
ance was of great importance in negotiating other treaties, 
especially with Morocco and Prussia. Whilst abroad as 
Minister to the British Court, Adams published an eloquent 
and able vindication of the Aiherican form of government, 
in answer to several essays and strictures from the pen of 
Turgot, the Abb^ de Malby, Dr. Price, and others. After 
the publication of this work he asked and obtained permission 
to return home, having been absent more than eight years."*" 

It is but justice to Adams to say that during the period of 



* The above history of Adams, previous to his election for the Presidency, 
is taken chiefly from the Stat. Man. The reader will find it accurately 
stated and well condensed. 



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OF THE UKITEB STATES. 15S 

his early manhood, and to the tbne of his election to the 
Presidency, no one rendered more important services to his 
country, or labored with more patriotic assiduity in the canse 
of liberty. At home and abroad his life was one continued 
service; either State or National Le^slatore, or some im- 
portant diplomatic agency consumed his time, and brought 
mto active employment his talent, virtue, and firmness. 
Upon his return from Europe he was placed on the ticket 
with Washington, for President, and was elected 'Vice-Presi- 
dent each time. 

In the language of J. E. Sprague, of Massachusetts: ^^Not 
a hundred men m the country coidd have been acquainted 
with the labors of Mr. Adams; they appeared anonymously 
or under assumed titles; they were concealed in the secret 
conclaves of Congress, or the more secret cabinets of princes. 
Such services are never known to the public; or if known, 
only in history, when the actors of the day have passed from 
the stage, and the motives for longer concealment cease to 
exist. As we ascend the mount of history, and rise above 
the vapors of party prejudice, we shaU all acknowledge that 
we owe our independence more to John Adams than to any 
other created being, and that he was the great leader of the 
American Revolution.'' 

Adams wielded an able and fluent pen, which was often 
used in defence of the American system of government. In 
1790 he published, in the ''Q-azeUe of the United States," his 
best and most celebrated production, — ^his ^^ DUeourees on 
DavUla.'' They were but a continuation of his ^^ Defence of 
the American Constitution;" thev were exceedingly popular 
and gave him a high literary position ; added to the fame he 
had acquired as a statesman and diplomatist. 

The administration of Adams wUl be noticed in another 
place. Great praise is due, and has been projperly accorded 
to him ; yet the truth of history forbids an acquiescence in the 
unbounded adulation he has received from the pen of his 
eulogists. He was, among the leaders of the Revolution, a 
bold, able, and conspicuous champion ; he was of great virtue 
and good intention as long as he was in a subordinate station* 
The more, however, the ambition of Adams became gratified, 
the more intense it grew. Whilst under the check of his 
constituents at home, or subject to the restraint of the (hi' 
vemment when abroad, his passions were kept within proper 
bounds; but when elected to that office beyond which even 

Vol. L— 11 



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154 OOVSTITimONAL HiSTOET 

maddened ambition dare not gra^, save at the peril and 
Bhipwreek of the hopoB of its unfortunate victim, Adams, as 
if daszled by the height of his station, fell a just martyr to 
his passions, illustrating to the letter, the remark of that keen 
observer of events and men, Dr. Franklin, who said, speaking 
of Adams, — ^^ I am persuaded that he means well for his coun- 
try, is always an honest man, often a wise one; but sometimes 
and in some things absolutely out of his senses/' 

After Adams retired from the Presidencv, he lived a quiet 
and unexcited life ; interesting himself only as a pasrive ob- 
server of political events, and dispensing the eie^gant hospi- 
talities of nis mansion to the frequent visits of dutinguished 
and learned men, occasionally enlivened by visits from his 
enlightened son, whom he lived to see elevated to the Presi- 
dracy. His last public engagement was in the year 1820^ 
as member of the State convention to revise the constitution 
of Massachusetts. On the 4th of July, 1826, John Adams 
expired, full of years and clothed in the honors of a life given 
to the most difficult and exalted service of his country. The 
fiftieth anniversary of that independence he had struggled 
with a masterly spirit to establish, lavished alike upon Adams 
and Jefiferson a portion of that honor as their funeral rite 
which the freemen of America were then offering up as a 
nation's gratitude for the consummation of their labors and 
their hopes. 

Mr. Webster relates a characteristic remark of John 
Adams, upon whom he called the day he delivered his cele- 
brated speech upon the laving of tne comer-stone of the 
Bunker Hill Monument; wnen, inquiring after the old man's 
health, he remarked, — ^^I am not well; I inhabit a weak, 
frail, decayed tenement, battered by the winds and broken in 
upon by the storms ; and, from all I can learn, the landlord 
does not intend to repair." 

A short time before his death, being asked to suggest a 
toast for the approaching celebration, he replied, — ^^I will 
give you ind^endence forever." John Adams was of middle 
stature, inclined to corpulency. He was of an excitable tem- 
peramoit, with an uncompromising wiU, which often carried 
nun to improper lengths, even Beyond the reach of pal- 
liation; yet he was of pure morality, and a firm bdiever in 
the Christian religion. In contemplating his patriotism, his 
untiring seal and devotion to what he coosi^red his ooun-* 



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OF THB UimBD STATIS. 15S 



-"his were 



try's interest, posterity may be inclined to say- 
Tirtnes that excused his faults." 

After the adjournment of Congress, the third ^^^ 
election of President engaged and excited the in- 
terest and attention of the citizens of the United States. 
The two great parties of the conntrr were now, for the first 
time, openly arrayed against each other. The one under the 
banner of Federalism ; the other under the folds of that name 
which, though then humble, was destined to wave in triumph 
tbro^hout this Union. By the Federalists John Adams 
and Tnomas Pinckney were supported as President and Vice* 
President. The strength of the Jftepublican party was exerted 
in behalf of Thomas J efierson for President; but the party 
was divided in reference to a Vice-President. Each ekctor 
voted for two persons. The electoral votes amounted to 188, 
and were diviaed as follows:— John Adams, 71 ; Thomas Jef- 
ferson, 68 ; Thomas Pinckney, 59; Aaron Burr, 30; Samuel 
Adams, 16; Oliver Ellsworth, 11; George Clinton, 7; John 
Jay, 5; James Iredell, 8; Qeorge Washington, 2; J. Henry, 
2; S. Johnson, 2; Charles C. Finckney, 1. 

John Adams and Thomas Jefferson were therefore elected; 
the first President, the latter Vice-President, for four years 
from the fourth of March, 1797 ; on which day John Adams 
and Jefferson took their respective oaths of office in the 

Presence of the heads of departments, many members of 
longress, foreign ministers, and, a large assemblage of peo- 
ple; John Adimis having, before taking the oath, which was 
adininistered by Chief-Justice Ellsworth, delivered his Inau- 
gural Address. He was attired for the occasion in a full suit of 
pearl broadcloth, with powdered hair, and being in his sixty- 
third year, presented a dignified and venerable appearance. 

The President continued in office the same cabmet which 
Washington had left, namely : — Timothy Pickering, Secretary 
of State; Oliver Wolcott, Secretary of the Treasury; James 
McHenry, Secretary of War, and Charles Lee, Attorney- 
General. They were all of the Federal schooL Theje was 
no Navy Departoient ; this bureau was not established until 
1798, which office was first occupied by Benjamin Stoddard, 
of Maryland — ^being first offerea to George Cabot, of Mas- 
sachusetts. 

After making such appointments as the President thought 
necessary. Congress having ac^oumed, the first step of im- 
portance tdcen by John Adams was the assembling of Con- 



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156 CONSTITUTIONAL HI8T0BT 

gress in special session, May 15th, 1797. The object in 
calling Congress together, as appeared bv the Message of the 
President of May 16th, 1797, was to take into consideration 
and advise npon the vezed and yet unsettled questions be- 
tween the United States and France* France had refused 
^^^ to receive our Minister ; and the difficulties which 
beset the administration of Washington accumu* 
lated on the hands of John Adams. After a recapitulation 
in this Message of the manner exhibited towards us by France, 
the President speaks plainly to Congress in reference to the 

Eosition this country must occupy. ^^ Such attempts,'' says 
e, ^^ ought to be repelled with a decision that shall convince 
Fnmce and the world that we are not a degraded people, 
humbled under a Colonial spirit of fear and a sense of infe- 
riority, fitted to be the miserable instruments of foreign in- 
fluence, and regardless of national honor, character, and 
interest. I should have been happy to have thrown a veil 
over these transactions, if it had been possible to conceal 
them; but they have passed on the great theatre of the 
world, in the face of all Europe and America, and with such 
circumstances of publicity and solemnity, that they cannot 
be disguised, and will not soon be foreotten.'' It was the 
anxious desire of the President, whilst he was determined to 
uphold and defend the dignity of the United States, to settle 
amicably the difficulties that existed ; he informs Congress of 
his intention to make another effort at negotiation. In this 
Message he recommends the navr to the attention of Con- 
gress, as well as a revision of the laws concerning the arminff 
and equipping of our militia. There was a decided FedenJ 
majority m each branch of the National Legislature ; Jonathan 
Dayton, of New Jersey, was re-elected Speaker of the House 
of Kepresentatives. Each House approved the course of the 
President, though a small minority were anxious to cut short 
all negotiation and defend at all lengths the honor of the 
country. A majority in Congress, as well as the Adminis- 
tration, bein^ desirous of promoting and maintaining a neu- 
tral position m reference to European affairs, passed a law in 
June, 1797, to prevent American citiiens from fitting out or 
employing privateers against nations at peace with tiie United 
States. 

At this special session Congress provided a limited and 
small naval force, which was not satisfactory to the Presi- 
dent. In order to provide m^ans for the extra expenses to be 



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Of THl UMITBD STATES. 1ST 

inourred on acconnt of our national defence, duties were im- 
posed on stamped paper and parchment. An additional duty 
was laid on salt, with a drawback allowed on salted provi- 
sions and pickled fish exported. The President, in pursuance 
of his cherished intention to adjust the difficulty between this 
country and France, appointed, with the advice and consent 
of the Senate, Charles Catesworth Pinckney, Elbridge Gerry, 
and John Marshall, Envoys to that Republic, with plenai^' 
powers. These gentlemen met at Paris in October, 1797, 
with great anxiety to execute their commission. The scenes 
which followed, and the circumstances which attended this 
attempt at negotiation, justly excited the indignation of every 
patriotic American citizen. It being my purpose to treat of 
the difficulties of the French question contmuously, a ftirther 
discussion of them is now dispensed with. 

The second session of the Fifth Congress as- i^ot.is, 
sembled in November, 1797, (the first session was a i^w. 
special one held in June.) The country presented 
to the consideration of Congress a critical condition, espe- 
cially in connection with European affairs ; our own diplomatic 
relations with France, as well as the neutral policv which justice 
and prudence demanded at our hands in reference to the 
turbulent and agitated a£hirs of Europe, were questions of 
great moment. The commerce of the country, though small, 
was yet a source of profit to our merchants and revenue to 
the Government ; laws were passed for its protection and the 
maintenance of neutrality. In order to prepare for invasion, 
our sea-coast was protected by appropriations for fortifying 
Boston, Newport, New York, Baltimore, Norfolk, Charleston, 
and Savannah. The land and naval forces were increased, 
and a direct tax laid on real estate^ for the purpose of meet- 
ing the increased expenditure of the Government. A law of 
Congress at this time was also passed, authorizing the nego- 
tiation of a loan, which was obtained at eight per cent. A 
majority of Congress rested under the apprehension that the 
French, overjoyed and bewildered even to madness by the 
success of their arms in Europe, might attempt to unfurl 
their victorious banner upon the shores of America. They 
had committed repeated depredations upon our commerce; 
decrees had issued from the Directory, authorizing the seizure 
of everv American vessel having on board British products 
or goods, or sailing from British ports. Under 
these aggravations an indignant Congress, reflect- ^"^ 



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158 OOKBTITUTIONAL HI8I0ET 

ing the feelings of an outraged people, passed an act suspend* 
ing aU commercial relations between the United States and 
France and her possessions. Merchant-vessels were anthor- 
ized to be armed by their owners, which saved our little 
commerce from much depredation. In May previous, provi- 
sion had been made by our National Legislature, creating the 
office of Secretary of the Navy. The office, which should 
have been established at an earlier day, was rendered more 
necessary now on account of the increase of our navy. C^eorge 
Cabot was first appointed Secretary; but he declined, and 
Benjamin Stoddart, of Maryland, was soon afterwards ap- 
pointed. 

At this session of Congress a regular and permanent army 
was ordered to be raised which assumed tne name of the 
Provisional Army. The administration of John Adams was 
at this time very popular. The army was soon raised, and 
the President was likewise authorized to raise, arm, and 
equip twelve regiments of infantry, and to build or purchase 
or hire twelve vessels with twenty guns each, as an additional 
support to our young navy.* These measures were warmly 
opposed bv the Democratic party then in Congress; they 
constituted the opposition to Mr. Adams, and so great was 
the opposition that the army bill passed by a small majority. 
A large majority of the people, who continued firm and de- 
voted to the Administration, sustained with enthusiastic zeal 
this patriotic effort of the President. The voung men of the 
country, still fired by the spirit of the Revolution, and with a 
confident reliance upon the justness of their cause, rallied 
around the flagstaff of the Republic, and the army was soon 
organized. Robert Treat Paine wrote, at this time, the Mar- 
sefllaise hymn of America, the celebrated and popular song 
of "Adams and Liberty." He and others delivered patriotic 
addresses over the country, and the President receiv^ letters 
animated by the warmest patriotism and burning with indig- 
nation towards France. The next step to be taken was to 
appoint and commission the officers of this armv; a chief 
commander was to be appointed. Mr. Adams had never, in 
the course of his administration, a higher or more responsible 
duty to perform ; yet he hesitated not. George Wasnington 
was yet alive, to whom it was tendered. He was then old; 
had served his country in youth, in manhood, and in age, and 

* Acts of Congress, 1797; 8 Bradford; SUt Man. 



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OF THB XJNITBD 8TATB8. 169 

it was doubtfiil if he would acoept. When the appointment 
waB made, though fall of honor and surronnded by those en- 
dearing domestic pleasures he so anxionsly looked to and 
long had sought, he accepted the office of Lieutenant-General 
and Commander-in-chief. The same patriotism that wanned 
his bosom in 1776, the same love of country that urged him 
to accept the toilsome duties of Chief Maristrate in 1789, 
animateii the veteran hero and statesman in 1798. Wash- 
ington consented to take command on condition that his ser- 
vices should not be immediately required, and that no expense 
should be incurred, except for his table and household, while 
in service. 

The event did not arrive which was to recjuire Washington 
to take the field ; in the course of the ensuing year a treafj 
was negotiated with Fruice, which adjusted the unhappy dif- 
ference between that country and the United States. The 
army was regularly officered, however, and in a short time 
could have been ordered to take active defence of the nation. 
General Hamilton, of New York, was the immediate com- 
mander, and next in rank to Washington ; whilst the other 
1>rincipal military officers were C. C. Pinckney, of South Caro- 
ina, H. Knox, of Massachusetts, W* Washmgton, of South 
Carolina, John Dayton, of New Jersey, Ebenezer Hunting- 
ton, of Connecticut, W. R. Davie, of North Carolina, A. W . 
White, of New Jersey, John Sevier, of Tennessee, and W. 
North, of New York. 

The second session of the Fifth Congress was remarkable 
towards its close for the passage of two acts which have been 
engraven deeply upon the minds of the people of the United 
States, and serve to mark as an epoch in history, the setting 
sun of John Adams. On the 25th of June the Alien ^^^ 
Law was passed. On the 14th of July Congress 
passed an act, entitled '^ An act in addition to an act entitled 
^An act for the punishment of certain crimes against the 
United States.'" This latter act especially drew forth the 
indignation of the people, jealous of those rights which had cost 
so much toil and money and blood ; this was the Sedition 
Law^ the history of which I shall notice at another time. 
These were the last important acts of that memorable Con- 
gress, which adjourned on the 26th of July, 1798. 

The election for members of the Sixth Congress had re- 
sulted in favor of the Administration. Upon the 
assembling of Congress in December, Theodore 



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160 OONBTirimONAL HI8T0BT 

Sedgwick, of Massachasetts, an able and distinguished mem- 
ber of the Federal party, was elected Speaker. The President 
delivered his third Annual Address ; it was highly gratulatory 
to Congress upon the great prosperity that then visited the 
country; ^Hhe flattering prospects of abundance from the 
labors of the people by land and sea; the prosperity of our 
extended commerce, notwithstanding interruptions occasioned 
by a belligerent state of the world. " The answers of the 
two Houses to the President's speech, expressed their satis- 
faction in reference to the course he had pursued. 

On the 18th of December the melancholy intelligence of 
the death of General Washington was received. It was an- 
nounced to the House of Representatives by John Marshall, 
of Virginia. Not only were the Senate chamber and Repre- 
sentative hall clothed m the sad habiliments of sorrow, but a 
deeper feeling of grief was manifested by the saddened heart 
of a sorrow-stricken nation, at whose birth Washington had 
stood as godfather, and whose progress had constantly felt 
his sustaining hand and encouraging voice. 

At this session of Congress, which continued until the 14th 
of May, 1800, but little passed to deserve the remembrance 
of history. A bankrupt act was enacted, as well as addi- 
tional acts for the defence of the country and the protection 
of commerce. 

As has been stated, Mr. Adams appointed three Commis- 
sioners to proceed at once to Paris for the purpose of nego- 
tiating a treaty with the French. Napoleon was then first 
Consm, who, upon the arrival of the American Commissioners, 
immediately appointed three others to negotiate with them, of 
whom his brother Joseph was one. The United States were 
represented by William Vans Murray, Oliver Ellsworth, and 
William R. Davie, Governor of North Carolina. A treaty 
was agreed upon by the French Government in October, 
1800 ; it was conditionally ratified by the Senate and Presi- 
dent of the United States. The President was willing to 
ratify as originally approved by the Commissioners, so anxious 
was he to secure tne treaty, and deeming the two articles 
which the Senate objected to as not sufficient to delav the 
treaty, especially when from the fickle character of the 
French people delay might amount to defeat; yet he yielded, 
uid sent it back with only a conditional rat&cation. The 
treaty was approved and ratified, with the exception of two 
articles, by Mr. Adams in 1800. Mr. Jefferson afterwards 



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Of THB UNITSD STATBS* 161 

ratified these articlee, — ^Mr. Vans Murray and Mr. Dawson, 
of Virginia, being appointed for that purpose. 

The treaty relatea chiefly to the compensation the French 
Gh)Temment should make for depredations on the commerce 
of the United States. Many objected to it as giving insuffi- 
cient indemnity, especially for recent depredations. 

Our diplomatic relations with the French GoTomment 
during the latter part of Creneral Washington's administra- 
tion and the administration of Mr. Adams, while they are to a 
great degree interesting, are enyeloped in much mystery and 
obscurity; yet enough is known to ascertain the exact bearing 
of French diplomacy during a greater portion of the period 
alluded to, as well as the wisdom, purity, and firmness of the 
American Gt>yernment, and those employed at home and 
abroad to conduct the negotiations. It was this question, 
which threw the country upon the very verge of war with 
France, and occasioned a aeffree of excitement and party 
feeling which not only ventea its spleen, and in a measure 
shook the administration of John Adams, but even brought 
forth the mali^ty of party spirit upon the administration of 
George Washington. 

In the first Administration, marked as it always was by 
wisdom and purity, George Washington pursued a strict neu- 
trality, and thus fdways advised in reference to the difficulties 
and wars that beset Europe at that period, and in which 
France was more interested and involved than any other 
nation. This policy offended France, who, unmindful of the 
peculiar character of the Government of the United States, 
as well as the relations then existing between this country 
and Great Britain, thought it the duty of our Government to 
befriend and sustain them in their perplexed and intricate 
relations with nearly all Europe. Often was the administra- 
tion of Washington besought upon this point by the French 
Government. Earnest appeals were made which enlisted the 
sympathy of a large party in this country, especially those 
who had fought sicb by side with the valiant French soldiers 
who had assisted us in our late struggle for independence. 

In 1798 citizen G^net arrived in this country as Minister 
from the French Republic. The spirit of jealousy which he 
imbibed from his own Government towards the United States, 
professing, as did his Government, to think that the United 
States were befriending the English in their difficulties with 
the French Republic, induced him to make many extravagant 



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163 COKSTITUnONAL HISTOBT 

speecheB, as well as to be guilty of the most improper Msd 
violent conduct. He endeavored to involve ns in war wiA 
Ghreat Britain, which was doubtless the wish of France, for 
the twofold purpose of gratifying its spleen towards us and 
increasing the embarassments of the English Ck>vemment.'*' 

Amon^ the many interferences of Genet, the most offensive 
was his issuing commissions to vessels of war to sail from 
American ports and cruise against the enemies of France. 
The President immediately issued his celebrated ProclamatioB 
of Neutrality, April 18th, 1798, which has be^ a guide and 
example to this nation ever since. 

The French Minister, exasperated by this last decided pub- 
lic official act of Washington in reference to France, threat- 
ened to appeal to the people, and throw his cause upon the 
svmpathv of those who y^t remembered with fond gratitude 
uie lana of La Fayette and those brave Frenchmen who 
periled their every hope for America. He is said to have 
introduced into the United States the Democratic 
societies which were formed about this period, after 
tiie manner of the Jacobin clubs of Paris. He had many 
disputes with General Washington, which, in connection with 
his entire conduct in this country, induced our Government 
to require his recall, which was promptly done. 

During the continuation of Washington's administration, the 
diplomatic relations between the United States and France 
were entirely unadjusted. Upon the election of John Adams, 
they received his earliest and most assiduous attention. Mon- 
roe was recalled in 1796, on the groundless charge of delaying, 
or partially presenting certain statements and explanations 
which he was desired by the President to make to the French 
Gt)vemment. It was supposed by many, who yet accorded to 
Monroe distinguished diplomatic talent and patriotism, that he 
was influenced by an irrepressible sympathy for the effort of the 
French nation to adopt the republican standard. The written 
history of the times fully sets forth the many depredations 
committed upon our commerce. The French Government 
had expelled our Minister, C. 0. Pinckney, from their terri* 
tory, with new orders for further depredations upon our com- 
merce. In consideration of these ind%nities, John 

^[^^> Adams assembled Oonmress in special session; he 
communicated the condition of affairs between the 

* But. Mftn., ToL L 84. 



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OF THl UHITBD 8TATB8. 168 

two countries, and enumerated many causes of complaint; 
the constant depredations upon American commerce, the re- 
fosal to treat or negotiate concerning them, or to exhibit even 
common courtesy to our diplomatic agents.* 
" Our Minister had been ordered to leave the territory of 
France, and threatened with the civil law, if he did not leave 
at once: these were great and alarming indignities. Yet the 
speech of the President of the Republic, in the language of the 
Message of John Adams, disclosed ^^ sentiments more alarm- 
ing than the refusal of a Minister, because more dangerous to 
our independence and union, and at the same time studiously 
marked with indignities towards the Government of the United 
States. It evinces a disposition to separate the people of the 
United States from the Government ; to pursuade them that 
they have different affections, principles, and interest, from 
those of their fellow-citizens, whom they themselves* have 
chosen to manage their common concerns, and thus to pro- 
duce divisions fatal to our peace. Such attempts ought to 
be repelled with a decision that shall convince France and 
the world that we are not a degraded people, humbled under 
a Colonial spirit of fear and sense of inferiority, fitted to be 
the miserable instruments of foreign influence, and regardless 
of national honor, character, and mterest." This paper sus- 
tains the ground of neutrality pursued by the preceding 
Administration, with a renewal of the determination of the 
Government not to involve itself in the vortex of the Euro- 
pean political system. The sentiments of this paper were 
promptly sustained by both branches of the National Legisla- 
turcf Whilst the President and Congress took the hi^h and 
decided stand they did, no intemperance marked their pro- 
ceedings, and the door might still be open for further nego- 
tiations. In conformity to his declaration of making further 
effort to sustain amicable relations and remove the difficulties 
that beset our intercourse with Franco, the President, with 
the consent of the Senate, appointed three distinguished 
citizens, — C. C. Pinckney, who was re-appointed, Elbridge 
Gerry, and John Marshall, — ^as Envoys, for the purpose of 
maintaining amicable relations with France, if ^^ compatible 
with tiie rights, duties, interests, and honor of the American 
people." They were instructed "to seek peace and recon- 
ciliation by all means not incompatible with the honor and 

* Adams's Special Message, May 16Ui, 1797. f Bradford, 94. 

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164 OONSnTUTIOHAL HISTOBT 

faith of the United States, uid without violating any national 
engagements, or consenting to any innovation on the internal 
regulations for preserving peace and neutrality, which had 
been deliberately and justly adopted, or surrendering the 
rights of the American Government." 

These Envoys met in Paris, October, 1797. They were 
received with no better spirit than had been exhibited towards 
Mr. Pinckney when he represented the United States at the 
French Court. The occurrences which followed were in all 
respects the most novel and singular, as well as exciting, that 
have ever been brought to light amidst the variety and pecu- 
liarities of diplomatic history. They were presented to M. Tal- 
leyrand on the 8th of the same month, and doubtlessly used 
energy and promptness in the discharge of the duties devolved 
upon them. For the first time in t^ history of our foreign 
relations, was attempted that high-handed system of corrup- 
tion that has too often stained and darkenea the proceedings 
of European courts ; not only evasion and equivocation, but 
the most direct principle of bribery. This, if practiced by 
courts of the Old World, could find no favor with the honest 
citizen Ministers of this Republic; and it was in answer to the 
propositions, as well as the demand for a douceur^ that Pinck- 
ney exclaimed, in the fervor of his patriotism and with a 
blaze of indignation, ^^ millions for defence, but not a cent 
for tribute !" which not only rang like the spirit of honest de» 
fiuice in the ear of European diplomacy, but found a cheerful 
and welcome response in the breast of every American. 

When the American Envoys were introduced to M. Talley- 
rand, they were informed that he was making a i]|^ort for the 
Directory, on French and American affairs. They retired 
on that occasion without saving anything more in refer- 
ence to their mission. The French Minister took no other 
official notice of our Envoys : they complained, as they had 
a ri^ht to do, of official cusrespect. The French Minister 
rephed, by a complaint that he had not been called upon by 
them since the first interview. This was not only discour- 
teous, but unfair ; when they were informed upon their first 
visit that the French Minister was preparing a report, they 
withdrew, not only with the understanding of an exchange of 
cards of hospitality, but that the report would be shown to 
them. 

Z., who was at that time private secretary to the French 
Minister, and who turned out to oe Mr. Hauteval, informed 



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OF THS UKITBD 8TATBS. 165 

them that as they had not been receiyed by the Directory, the 
Minister of Foreign Affairs could not act with them officially. 
This might be true, but why hold out to them the belief that 
he would act and receive them, to the extent of his powers of 
official negotiations, before their recognition by the Executive 
Directory? 

Z. had previously informed them that Talleyrand was not 
only favorably disposed towards the American Government, 
but had expected to see the Envoys in their private capacity. 
Were they in a private capacity to receive propositions from 
the Minister ? Why the proposition of a douceur ? Was this 
ex-^ffieioy if the proposition had been favorably received ? 

Pinckney and Marshall excused themselves from visiting 
the French Minister, on the ground of etiquette. Gerry felt 
no such scruples ; he had a previous acquaintance with Tal- 
leyrand, consequently he called upon him on an appointed 
day.* Nothing of consequence or importance resulted from 
the interview of Talleyrand with Mr. Gerry. 

October 18th, a gentleman called on General Pinckney, 
and informed him a Mr. X. was in Paris, that the gentleman 
had seen him, and that he might place great confidence in him. 
This was but to indicate to rinckney that he might expect to 
see or hear something from Mr. A., who on the same day 
called upon Pinckney, desiring a private interview, which was 
immediately affordea him. 

X. told him he was ready to make a proposition from M. 
Talleyrand, who was anxious to effectuate amicable relations 
with the United States. X.f informed Pinckney that the 
Directory, especially two members, Tnot naming them,) were 
very much irritated by the address or Mr. Adams at the open- 
ing of Congress, at its special session in May last, that they 
wished his language modified ; and, he added, the Directory 
would require a large sum of money, at least fifty thousand 
pounds sterling; the money to be placed at the direction of 
M. Talleyrand, who was to have the disposal of it. At the 
same time, he said he did not communicate with M. Talley- 
rand directly, but through a third person and confidential 
friend, who turned out to be Y., Mr. iBellamy. Next day X. 
and Y. called on the Envoys ; Y. said the Minister could not 



* Vide Amer. State PaperSi toI. It. Diplo. Cor. 

f X. was Hottinguer. Gerry diTulged the names of Y. and Z. : Y. was 
Mr. Bellamj, Z. Mr. HauteyaL Amer. State Papers, toI. !▼. p. 177. 



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166 CONSTITUTIONAL HISTORY 

see them himself, because they were not then received by tiie 
Directory, but that he was authorized to communicate certain 

E repositions: and repeated nearly the same propositions that 
ad been made by X., assuring the Envois that the French 
Minister, who was possessed of enormous influence, would in- 
tercede with the Directory for the consummation of the treaty, 
and closed his conversation with the frequent remark, — ^* II 
FAUT DB l'arc^bnt; il paut bbaucoup d'argbnt." 

Whilst these very remarkable conversations were going on, 
Gerry, by appointment, held a conversation with TaUeyrand. 
Talleyrand said the Directory had passed an arrStSy wmch he 
handed to him ; it was almost tantamount to what the Envoys 
had learned from the conversation with X. and Y., with the 
alteration of the word loan.* The artful and intriguing 
Minister of Foreign Relations was so inflated with the idea (n 
a loan, as the price of peace, that he even entered into details 
to show the Commissioners how it might be done without the 
knowledge of England ; the idea still hanging like an incubus 
upon his mind that this country favored and designed assisting 
Imgland. The plan was, that it was to be paid in supplies for 
France ; to be furnished after the war, at St. Domingo, in such 
things as France might desire.t 

It appears by a letter accompanying the correspondence of 
the Envoys and Minister communicated to the Department 
of State, dated April 3, 1798, that the Minister supposed 
Messrs. Marshall and Pinckney had taken their cong^ by 
that time, a desire being intimated to that effect by the 
Minister's letters. Gerry answered that his colleagues ex* 
pected to leave France, and that it was impossible for him 
to be the medium of communication or take any action 
which would be disagreeable to his colleagues; and more* 
over said, — ''You have proposed, citizen Minister, the 5th 
or 7th of this decade for me to resume {reprendr^ our 
reciprocal communications upon the interest of the French 
Republic and of the United States. To resume this subject 
would be unavailing, because the measure, for the reasons I 
then urged, is utterly impracticable. I can only then confer 
informaUy and unaccredited on any subject respecting our 
mission, and communicate to the Gt)vemment of the United 



* The reader is referred to Gar. Life of Ban., chapter xix. toL i., and 
to Amer. Stat. Papers, Diplo. Ck>r., toI. \t, 
f Vide Cor. of the American EnToys. 



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Stotes the result of saoh conferences, bein^ in my indiyidnftl 
capacity unaatiaoriBed to give them an official stamp."* 

Marshall and Pinduiey left Paris soon after the 4th of 
April. Gerry remained a short time after their departure. 
Several unimportant commnnications were exchanged respect- 
ing the lengthy letter of the Minister (concerning which some 
nusnnderstancung existed) which throw, howeyer, no light 
upon this subject. €^rry addressed a note to the Minister 
dated June 25, 1798, asking for such papers as were neces** 
sar^ to enable him to depart for the United States. 

Thus terminated, in the most unsuccessful manner, this 
effort to bring about reconciliation between the United 
States and France. The friendly position and sentiments 
of Mr. Adams were manifest. It was equally clear to every 
one then, as history makes apparent now, that justice and 
right were on the side of the United States. There was a% 
apparent desire on the part of Talleyrand to negotiate on 
terms of fairness, but with his accustomed art and duplicity, 
to which he directed his quick and powerful mind. In lus 
willingness to negotiate, he yet denied what he knew to be 
true, and whilst he wielded at desire the action of the Di* 
rectory in all affairs pertaining to his department under the 
Government, and appeared desirous that the Government 
should recognize the Envoys of the United States, yet they 
were not received. He appeared desirous to negotiate with 
these very men, and at one and the same breath made oSen 
for negotiation and denied his power to do so. If the impure 
purposes of the French Minister had found favorable recep- 
tion with the honest-hearted Envoys, the Directory would 
soon have received them, and the pei^dious Frenchman would 
have had no hesitancy in recommending them. It is manifest 
what were his intentions, though proposed through the me- 
dium of the most mystic agency and m a manner new to the 
science of diplomacy. Language, said he on one occasion, 
was given to us to conceal, not to make known our thoughts. 
It was this talent for deceit and this policy that made him, 
perhaps, the most powerful and successful diplomatic ajrent 
ever known to the world. It was this talent and this pdicy 
that cheated Europe for years, and held her wisest statesmen 
in doubt and perplexity; and it was this policy that defeated 

* AmerioMi State Paptn, toL It. p. 140. 



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168 OOVSTirUTIOlfAL HI8T0ET 

ever^ effort at negotiation between the Minister of Foreign 
Affairs under the French Directory and the wise, strong- 
minded, honest men, who represented the GoTemment of the 
United States at the French Coort. 

The correspondence of the times and the page of just his- 
tory will exhibit the one caught in that element in which he 
had previously excelled in cunning, avarice, and duplicity, 
whilst will be neld up to the admiration t^f the world the firm 
patriotism and honest purpose of the other, that defied all 
threatening, and despised alike duplicity and avarice, fraud 
and bribery. 

A popular outburst of indignation poured over the country 
when the dispatches were published, which increased in in- 
tensity when it was known that money had been exacted. 
The sentiment of Pinckney was responded to by every tongue, 
#nd every freeman was ready to prove that he would give 
'^millions for defence, but not a cent for tribute." 

I have previously related the preparation made by Con- 
gress in anticipation of war with France. The excitement 
became contagious; the majority of the people belonged to 
the war partjr, and few there were to oppose it. The rights 
and the dignity of the nation had been invaded, our national 
character msulted, whilst wrone and outrage were added to 
wounded honor, by a continued depredation upon our com- 
merce. The peace-like temper of Adams yielded to the na- 
tional spirit of the times, and whilst looking to the welfare 
and prosperity of his country, he yet hesitated not to make 
preparation to aven^ her wrongs. 

France had feared, though unjustly, a &vorable inclination 
on the part of America towards England. Whilst this excite- 
ment was prevailing, that France might catch the si^ht, could 
be seen upon the brow of Americans the Black &>ckade of 
Endand, an emblem of hostility to the trieohr of France; 
and persons were encouraged to wear it as the Ameriean 
Cockade. This may seem idle at this remote time. The 
actors have fallen one by one into the grave, and it has gone 
into history with the great men of its day ; but the excited 
passion of an offended nation is never an idle feeling; its 
fervent development is never gasconade, but the evidence and 
the symbol of abiding and determined patriotism, 
jni ms. ''■* ^*® determined by Congress that the treaty 

^' made with France in 1778, wmch had been recog- 
nized on our part, and faithfully obeyed for ten years, was 

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OF THS imiTB]) STATES. 169 

no longer obligatory upon the Federal Crovemment, in con- 
sequence of the violation of the treaty on the part of France, 
and the oft-repeated depredations inflicted upon American 
commerce by that nation. This was a most important step 
for France. Among the most cherished stipulations of this 
treaty was a guaranty of the French possessions in America. 
The preamble to the act of Congress was in the following 
language: — "Whereas, the treaties concluded between the 
United States and France have been repeatedly violated on 
the part of the French Crovemment, and the just claims of 
the United States for reparation of injuries committed have 
been refused, and attempts to negotiate an amicable adjust- 
ment of the complaints between the two nations have been 
repelled with indignity; and there is, by authority of the 
French Government, still pursued against the United States 
a system of predatory violence, infracting the said treaties, 
and hostile to the rights of a free and independent nation, 
therefore," &c. 

This was justly considered a violation of the Constitution 
and a violent assumption of power on the part of Congress. 
It presents the melancholy spectacle of the early disposition 
of the majority to violate that sacred instrument, which each 
and every member of the General Government had sworn to 
obey ; whilst history has proved that this was but an initiatory 
step to that ruthless disregard of the Constitution which has 
so often blackened the record of party questions, and stained 
indelibly the character of many of the most prominent men 
of the United States. 

It was contended by the majority that the Constitution did 
not forbid the Legislature from abrogating a treaty. Nor does 
it; yet none will say Congress can do those things not pro- 
hibited by the Constitution. It was contended this treaty 
had been frequently violated by France; the violation of 
treaties is a casus belli; and as Congress could declare war, 
which will always amount to an abrogation of a treaty, that 
it might directly do that which it might indirectly effect. Yet 
they seemed to forget that a state of war necessarily destroys 
all treaties among hostile nations, and that its abrogation was 
in accordance with the doctrine of the law of nations. This 
treaty, the majority said, had been made by Congress under 
the Articles of Confederation, which were then no more; yet 
it was forgotten that we stood pledged to fulfill with good faith 

Vol. L— 12 



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170 CONSTITUTIONAL HISTOBT 

the works of the Articles of Confederation, from whose loins 
the Federal Constitution had sprang, and whilst the form of 
our Government had been modified and remodeled, yet the 
nation and the people were the same. Congress can do 
nothing but by explicit grant contained in the Constitution, 
or some power implied as necessary to carry out some speci- 
fied grant. It is impossible even for the treaty-making power 
to destroy a treaty, with any show of reason or right, on the 
grounds that it can make the treaty, and therefore it can un- 
make at will what it has made; a treaty may be annulled by 
consent of contracting parties, it may be abrogated by a^^a^t^ 
belli; but the attempt to set it aside by either contracting 
party, without the consent of the other, is bad faith and an 
unmanly retaliation. On the part of the United States there 
existed this other insuperable objection; no authority could 
be found in the Constitution for any or all the departments 
of Government to abrogate a treaty. 

This last act of the United States Congress appeared for a 
while to render negotiation impossible. The French Govern- 
ment felt highly incensed, and multiplied and aggravated the 
wrong and injury the United States had received at her hands. 
The French people were surprised and astonished at the move- 
ment of the Administration, for they had placed over-confi- 
dence in the power of the opposition party, and were utterly 
unable to comprehend the position of Mr. Adams, who, whilst 
sanctioning the measures of Congress, was at heart ardently 
devoted to the peace party, as his subsequent effort fully ex- 
hibits. 

Every feature seemed adverse to negotiation ; exasperation 
acknowledged no limit. The United States frigate 

17W.*' Constitution, of thirty-eight guns, under command 
of Commodore Truxtun, fell in with, and captured 
in the West India seas, the French frigate L'Insurgent, of 
for^ guns. 

l?he President had met the Fifth Congress at Philadelphia, 
in December following. Washington was present for the last 
time in Philadelphia, for the purpose of consulting in refer- 
ence to the approaching war, and the organization of the 
army which he was to command. He was an advocate of 
the war movement. Hamilton and Governeur Morris had be- 
come lukewarm at the supposed tardiness of Adams ; whilst 
the former, in his patriotic zeal, was ready to gird on the 
sword and the buckler for a contest he thought righteous. 



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OP THE UNITED STATES. 171 

and upon which the interest and honor of his country de- 
pended. 

The triumyirate ministry had returned with the most un- 
favorable reports of an adjustment ; the United States were 
unrepresented, and their interest unprotected at the French 
Court. The Secretary of State had made his re- 
port to the President, which had embodied the exact {J^^^ 
status of the diplomatic relations between the two 
countries; ample materials for information had apprised the 
country of the depredations, the bad faith, the inhumanity, 
the outrage, under which she impatiently stood. The report 
above mentioned* further exhibited the duplicity of the Di- 
rectory, and the prostitution of Talleyrand. 

1. To exculpate itself from the charge of corruption, as 
having demanded the douceur, ($222,000,'^ which was for 
the pockets of the ministers and members ot the Directory. 

2. To draw off Mr. Gerry from his colleagues, and to in- 
veide him into a separate negotiation. 

o. The design of France to throw, in case of war, the bur- 
den of inducing it on the United States. 

This masterly report, conversant as it is with every detail 
and fact of the late abortive effort, — the history of which I 
have given, — exposed the unfairness of France and the du- 
plicity of her Government, in trying to embarrass the diplo- 
matic relations of the United States and herself, which urged 
on the war party with us to higher and more determined effort. 
The administration of Adams, whilst pacific enough, had yet 
been decided, and its supporters, its leaders, and the most 
prominent men of the country were attached to the war 
party. 

The situation of John Adams was perplexing; his own 
party urged him to measures of extremity, whilst the very 
extremity of the circumstances successfully excited his sym- 
pathy and invoked his approbation for war, urged on as he 
was Dy the popular clamor of his party. 

John Adams, thus perplexed and embarrassed for a while, 
soon clearly perceived the right path of duty; and the impar- 
tial and truthful historian must record his bold and decided 
stand ultimately taken to support the honor of his country, 



♦ See Report of T. Pickering, Secretary of State, Jan. 18, 1799, yol. i., 
Amer. State Papers, p. 246, giying a historical account of the efforts of Mar- 
shaU, Gerry, and Pinckney at negotiation. 



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172 CONSTITUTIONAL HISTORY 

by ererj manifestation of high and determined resolution ; 
yet with a mind open to the advantages of peace, and with a 
neart ready to respond to every effort at negotiation, as a 
spectacle of high moral sublimity, which does equal credit to 
his goodness as a man, and his firmness as a patriot. Whikt 
the reader will observe many blemishes that obscure the lustre 
of John Adams's administration, he will likewise turn to this 
proud stand taken for his country's prosperity as a bright 
and ever-memorable instance that will relieve his memory 
from the odium that would so justly transmit it to the exe- 
cration of posterity, 

The dark and dismal cloud of war hung threatenindy over 
the political horizon, yet without loss of character, the voice 
of reconciliation, starting from its humble whisper across the 
mighty waters, could be heard and listened to by the Presi- 
dent of the United States. 

What oufht Adams to have done ? The nation was incensed 
and aroused ; the party that placed him in his exalted station, 
in a great degree, caught the spirit of the Republican party, 
then rapidly becominc powerful, and with those who opposed 
him, were open-mouthed for war. Many of the ablest de- 
fenders of his administration had with(&awn their support 
and confidence. Hamilton was no longer amidst his councils; 
Morris had withdrawn from his confidence; Jefferson was 
plotting his political destruction; whilst Washington stood 
ready to head the army of his country to the tented field; — 
all this was to be opposed and overcome. The Presidential 
election was fast approaching; his popularity was at stake, 
and popular will was against him. Every inducement that 
could appeal to man's weakness was alluring him on one 
side ; but with those lofty feelings which mstinguish the 
patriot statesman, he despised and trampled down every op- 
posing inducement. He doubtlessly saw that he was infiicting 
another self-sacrificing blow, as he did; but like a noble mar- 
tyr he bore it, on this occasion, with heroic fortitude. 

During the session of Congress, which had assembled in 
December, 1798, Adams received intimation from the French 
Government, through William Vans Murray, the American 
Minister in Holland that Envoys would be received at the 
French Court for the purpose of holding diplomatic inter- 
course.'*' After some hesitancy he determined, (though he had 

♦ Stat. Man., vol. L p. 184. 



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OF THB UNITBD STATES. 178 

previously expressed his purpose to have no other diplomatic 
connection with France, unless he could receive the most 
satisfactory manifestations of good will,) to appoint another 
embassy.*' - " 

The jPresident, in obedience to the intimation he Feb. 26» 
had received, appointed Mr. Murray, (then Minister ^^*" 
to Holland,) Oliver Ellsworth, (then Chief- Justice,) and Patrick 
Henry, as Envoys to France, who were confirmed by the 
Senate. Henry, as has been said before, declined, and Go- 
vernor William R. Davie, of North Carolina, was appointed 
in his place. Henry, in declining the appointment, thus ex* 
pressed himself to the President: — "I entertain," said he, 
"a high sense of the honor done me by the President and 
Senate. Nothing short of absolute necessity could induce 
me to withhold my feeble aid from an Administration whose 
abilities, patriotism^ and virtue, deserve the gratitude and 
reverence of all their fellow-citizens." 

Adams did not consult or inform his cabinet of his intention 
to make this appointment. When Mr. Pickering, Secretary 
of State, and Mr. McHenry, Secretary of War, heard of his 
intention, both urged the President to desist; yet he continued 
immovable, which served to render permanent the breach 
that was rapidly forming between him and these two members 
of his cabinet. The reader has already been informed in 
an earlier part of this history all about the details of this 
mission. 

When our Envoys reached Paris, the Directory no longer 
held its corrupt sway over the French. Napoleon was first 
Consul, and immediately appointed three Commissioners, — his 
brother Joseph being among the number, — to treat with those 
sent from the United States. An entire change had taken 
place in the feelings of the French Government. Talley- 
rand, who still maintained the post of Minister of 
Exterior Relations, thus expressed himself to Mr. JJwT^^ 
Murray, in his answer to a letter received from him 
apprisinghim of the new appointment : — 

" The Executive Directory being informed of the nomina- 
tion of Mr. Patrick Henry, Mr. Oliver Ellsworth, and your- 
self, as Envoys Extraordinary and Ministers Plenipotentiary 
of the Unitea States to the French Republic, to discuss and 
terminate all difierences which subsist between the two coun- 



* Bradford's History, p. 99. 

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174 CONSTITUTIONAL HISTORY 

tries, sees with pleasure that its perseverance in pacific sen- 
timents has kept open the way to an approaching reconcilia- 
tion."* 

The result was that upon the arrival of our Envoys negotia- 
1800 tions commenced immediately, and in October arti- 
cles were signed, which were immediately transmit- 
ted to the President and conditionally confirmed, except two 
articles, which were ratified during Mr. Jefierson's administra- 
tion. Thus the United States, as thev were emer^g from 
the embarrassment of the late revolutionary struggle, and as 
the Government was starting upon its rapid march of im- 
provement and grandeur, were saved from a sanguinary strug- 
gle which, had it not sealed the fate of liberty, would certaiiuy 
have retarded the rapid development of this the most splendid 
Government that has ever enlightened the minds and alleviated 
the burdens of mankind. 

Whilst this treaty and the appointment of Envoys had not 
only led to a rupture in the cabinet and dismissal of the 
Secretaries of State and War, and produced an angry excite- 
ment with the minority in Congress, as well as with the oppo- 
sition party throughout the coimtry, the Administration still 
maintained its popularity in Congress. The Senate had 
ratified the treaty with the exceptions mentioned; and in re- 
ference to the chief cause of excitement, the appointment of 
the last Envoys, the House of Representatives had sustained 
the President, " highly approving,*' said they, " as we do, the 
pacific and humane policy which has been invariably professed 
and sincerely pursued by the Executive authority of the United 
States — a policy which our best interest enjoined, and which 
honor has permitted the observance, we consider as the most 
unequivocal proof of your inflexible perseverance in the same 
well chosen system, your preparations to meet the first indi- 
cations on the part of the French Republic, of a disposition 
to accommodate the differences between the two countries by 
a nomination of Ministers on certain conditions, which the 
honor of our country unquestionably dictated, and which its 
moderation had given it a right to prescribe. When the as- 
surance thus required of the French Government previous to 
the departure of our Envoys had been given through their 
Minister of Foreign Relations, the direction for them to pro- 

* Amer. State Papers, yol. i. p. 801. Talleyrand's letter to Murray, then 
Minister at the Hague. 



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OF THE UNTTHD STATES. 175 

ceed on their mission, was on your part a completion of the 
measure, and manifested the sincerity with which it was com- 
menced. The uniform tenor of your conduct through a life 
useful to your fellow-citizens and honorable to yourself, gives 
a pledge of the sincerity with which the avowed objects of 
the negotiation will be pursued on your part ; and we ear- 
nestly pray that similar dispositions may be displayed on the 
Sart of France. The character of the gentlemen you have 
eputed, and still more the character of the Government which 
deputes them, are safe pledges to their country that nothing 
incompatible with its honor or interest, nothing inconsistent 
with our obligations of good faith or friendship to any other 
nation will be stipulated."* 

Whilst it is not denied that the Administration suffered in 
the loss of popularity, and the withdrawal of many of its 
earlier talented friends and supporters in reference to the 
French negotiation, the above extract, taken as it must be in 
connection with the action of the Senate, clearly proves that 
this settlement and the circumstances connected with it, were 
among the slightest causes of the embarrassment and ultimate 
downfall of the administration of John Adams. 

During the session of the Fifth Congress two laws were 
passed, which, though of brief duration, produced more excite- 
ment, and with many more alarm than any course ever pur- 
< sued by the American Government. I allude to the Alien 
and Sedition Laws. They have always been connected as 
producing equal outrage to the Constitution, and placing alike 
odium and distrust upon the Administration. 

Yet they passed at different times, and were entirely discon- 
nected in their operation. These two laws, the first, "An act 
concerning aliens," was approved June 25th, 1798 ; the se- 
cond, "An act in addition to an act entitled * An act for the 
punishment of certain crimes against the United States,' ** 
was approved July 14th, 1798. The first was to continue in 
operation for two years from the passage thereof; the latter 
was to continue in operation until the third day of March, 
1801, which was the last day of Adams's administration. 
The Alien Law provided : — 

Section 1st. That it shall be lawful for the President of 



* Vide Answer of the Hoase of Rep. to the President's Address, delivered 
at the opening of Congress, Deo. 1799, prepared by a Committee of the 
House, of which John MarshaU was Chairman. 



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176, CONSTITUTIONAL HISTOEY 

the United States, at any time during the continuance of 
this act, to order all such aliens as he shall judge danger- 
ous to the peace and safety of the United States, or shall 
have reasonable grounds to suspect are concerned in any 
treasonable or secret machinations against the Government 
thereof, to depart out of the territory of the United States 
within such time as shall be expressed in such order ; which 
order shall be served on such alien by delivering him a copy 
thereof, or leaving the same at Ids usual abode, and return^ 
to the office of the Secretary of State, by the Marshal or 
other person to whom the same shall be directed. And in 
case any alien so ordered to depart shall be found at large 
within the United States after the time limited in such order 
for his departure, and not having obtained a license from 
the President to reside 'therein ; or having obtained such li- 
cense, and shall not have conformed thereto, every such alien 
shall, on conviction thereof, be imprisoned for a term not ex- 
ceeding three years, and shall never be admitted to become 
a citizen of the United States. That if any alien so ordered 
to depart shall prove, to the satisfaction of the President, by 
evidence to be taken before such person or persons as the 
President shall direct, who are for that purpose hereby author- 
ized to administer oaths, that no injury or danger to the 
United States will arise from suffering such alien to reside 
therein, the President may grant a license to such alien to 
remain within the United States for such time as he may 
judge proper, and at such place as he may designate. And 
the President may also require of such alien to enter into a 
bond to the Unitea States in such penal sum as he may direct, 
with one or more sufficient sureties to the satisfaction of the 
person authorized to take the same, conditioned for the good 
behavior of such alien during his residence in the United 
States, and not violating his license, which license the Presi- 
dent may revoke whenever he shall think proper. 

Section 2d. Made it lawful for the President, whenever he 
may deem it necessary for the public safety, to order to be 
removed out of the territory thereof any alien who may or 
shall be in prison in pursuance of this act, and to cause to be 
arrested and sent out of the United States, such of those 
aliens as shall have been ordered to depart therefrom, and 
shall not have obtained a license as aforesaid, in all cases 
where, in the opinion of the President, the public safety re- 
quires a speedy removal. And if any alien so removed or 



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OP THB UNITED STATES. 177 

sent out of the United States by the President^ shall volun- 
tarfly return thereto unless by permission of the President of 
the United States, suoh alien on conviction thereof, shall be 
imprisoned so long as in the opinion of the President the 
public safety may require. 

Section 3d. Required every master or commander to report, 
upon landing, to the Collector of the port at which he landed, 
or other chief oflScer of the customs of such port, the names, 
ages, places of nativity, and country from which they sailed, 
the nation to which they owe allegiance, occupation and de- 
scription of all such aliens who shall accompany him. 

Section 4th. Grave jurisdiction of all crimes and offences 
against this act to the Circuit and District Courts. 

Section 5th. Permitted the alien to take with him such 
property as he could carry, and protected his right to any 
property he might leave behind. 

Section 6th. Kelated to its commencement and duration. 

The Sedition Law, as it has been properly called, was as 
follows : — 

Section Ist. That if any person shall unlawfully combine 
or conspire together with the intent to oppose any measure 
or measures of the Government of the United States, which 
are or shall be directed by proper authority, or to impede the 
operation of any law of the United States, or to intimidate 
or prevent any person holding a place or oflSce in or under 
the Government of the United States, from undertaking, per- 
forming, or executing his trust or duty ; and if any person 
or persons with intent as aforesaid, shall counsel, advise, or 
attempt to procure by insurrection, riot, unlawful assembly, 
or combination, whether such conspiracy, threatening, counsel, 
advice, or attempt, shall have the proposed effect or not, he 
or they shall be deemed guilty of a high misdemeanor, and 
on conviction before any court of the United States having 
jurisdiction thereof, shall be punished by a fine not exceeding 
five thousand dollars, and by imprisonment during a term of 
not less than six months nor exceeding five years ;, and further, 
at the discretion of the court, may be holden to find sureties 
for his good behavior in such sum and for such time as the 
said court may direct. 

Section 2d. That if any person shall write, print, utter, 
or publish, or shall cause or procure to be written, printed, 
uttered, or published, or shall knowingly or willingly assist 
or aid in writing, printing, uttering, or publishing any false. 



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178 OONSTITUTIOKAL HISTORY 

scandalous, and malicious writing or writings, against the 
Government of the United States, or either House of the Con- 
gress of the United States, or the President of the United 
States, with intent to defame the said Grovemment or either 
House of said Congress, or the said President, or to bring 
them or either of them, into contempt or disrepute ; or to 
excite against them, or either or any of them, the hatred of 
the good people of the United States, or to stir up sedition 
withm the United States, or to excite any unlawful combina- 
tions therein, for opposing or resisting any law of the United 
States, or any act of the President of the United States done 
in pursuance of any such law, or of the powers in him vested 
by the Constitution of the United States ; or to resist, op- 
pose or defeat any such law or act, or to aid, encourage, or 
abet any hostile designs of any foreign nation against the 
United States, their people, or Government, then such person 
being thereof convicted before any court of the United States 
having jurisdiction thereof, shall be punished by a fine not 
exceeoing two thousand dollars, and by imprisonment not 
exceeding two years. 

Section 3d. Kelated to the pleadmg on the part of the de- 
fendant, and allowed him to give in evidence in his defence, 
the truth of the matter contained in the publication charged 
as a libel. 

Section 4th. Related to the duration of the act, (stated 
BuprUj) and that after its expiration it still was in force against 
those who violated its provision during its existence. 

These two acts expired by their own limitation. Their 
merits and demerits were discussed throughout the land. 
Now, for the first time under the Federal Constitution, arose 
that angry dispute about the powers of the General Govern- 
ment in comparison with the powers of the sovereign States, 
which had formed and adopted this Constitution. The first 
voice of disapprobation that was raised and promulgated 
under the sanction of public authority, was, the resolutions 
submitted to the legislature of Kentucky, and adopted by 
it on the 10th of November, 1798. They were submittdl 
by John Breckenridge, though they were written by Thomas 
Jefferson. 

Virrinia, at that time the most powerful and resi>ected 
State m the Union, was next in raising her voice of indig- 
nation against this bold infraction of the Constitution. At 



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OF TH9 UKITBD STATES. 179 

the next meeting of her legislature, and during the memorable 
session of 1798-9, were passed those resolutions, which, taken 
in connection with the debates that followed, present not only 
the most eloquent and learned commentaries upon the Consti- 
tution of the United States, showing the due limit of its powers, 
but they place in bold position those sovereign rights Which 
belonged to the States then as well as now, composing this 
Union. Side by side stood Virginia and Kentucky in this 
important struggle for power; in this great effort of these 
two States to maintain the Constitution as it should be, and 
the rights of the States as they existed. 

New York, Massachusetts, Connecticut, Delaware, Rhode 
Island and Providence Plantations, New Hampshire, and 
Vermont, all with one voice and a common effort, stood firmly 
and warmly in support of the Alien and Sedition Laws. 

The resolutions of Virginia, passed by her legislature the 
2l8t of December, 1798, were sent to the different States of 
the Union, to show the position she occupied and allow an 
opportunity to every member of the Union to make common 
cause in behalf of the Constitution which she thought out- 
raged, and to maintain the rights of the States which she 
thought had been trampled upon and abused. 

These resolutions, eight in number,* set forth the true 
position of Virginia in reference to the contest that fell chiefly 
upon her shoulders. 

These resolutions, coming from the then leading State in 
the Confederacy, and forming the system of politics in refer- 
ence to the doctrine of Federal power on one hand, and State 
rights on the other, are of sufficient importance to justify an 
insertion in this volume, especially as the book containing the 
debates and resolutions upon the Alien and Sedition Laws, has 
become rare and difficult to procure. The resolutions are in 
the following words : — 

1st. That the General Assembly of Virginia doth unequi- 
vocally express a firm resolution to maintain and defend the 
Constitution of the United States and the Constitution of this 
State, against every aggression, either foreign or domestic ; 
and that it will support the Government of the United 
States in all measures warranted by the former. 

2d. That the General Assembly most solemnly declares a 
warm attachment to the union of the States, to mamtain wbioh 

» VkU the Debates and Reeolutions of 179S-99. 



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. 180 OOMTITUTIOKAL HI8T0ET 

it pledges all its powers; and that for this end it is its daty 
to watcn over and oppose every infraction of those principles 
which constitute the only basis of that union, because a faith- 
ful observance of them can alone secure its existence and the 
public happiness. 

8d. Thiftt this Assembly doth explicitly and peremptorily 
declare, that it views the powers of the Federal Government, 
as resulting from the compact to which the States are parties, 
as limited by the plain sense and intention of the instrument 
constituting that compact, as no farther valid than they are 
authorized by grants enumerated in that compact ; and that 
in case of a deliberate, palpable, and dangerous exercise of 
other powers not granted by the said compact, the States who 
are parties thereto, have the right and are in duty bound to 
interpose for arresting the progress of the evil, and for main- 
taining within their respective limits the authorities, rights, 
and liberties appertaining to them. 

4th. That the General Assembly doth also express its deep 
regret that a spirit has in sundry instances been manifested 
by the Federal Government to enlarge its powers by forced 
constructions of the constitutional charter which defines them; 
and that indications have appeared of a design to compound 
certain general phrases (which, having been copied from the 
very limited grant of powers in the former Articles of Confe- 
deration, were less liable to be misconstrued,) so as to destroy 
the meaning and effect of the particular examination whicn 
necessarily explains and limits the general phrases, and so as 
to consolidate the States by degrees into one sovereignty, the 
obvious tendency and inevitable result of which, would be to 
transform the present republican system of the United States 
into an absolute, or at best, a mixed monarchy. 

6th. That the General Assembly doth particularly protest 
against the palpable and alarming infractions of the Consti- 
tution in the two late cases of the "Alien and Sedition Acts" 
passed at the last session of Congress, the first of which 
exercises a power nowhere delegated to the Federal Govern- 
ment, and which, by uniting legislative and judicial powers 
to those of executive, subverts the general principles of a free 
government, as well as the particular organization and posi- 
tive provisions of the Federal Constitution; and the other of 
which acts exercises, in like manner, a power not delegated 
by the Constitution, but, on the contrary, expressly and posi- 
tively forbidden by one of the amendments thereto, — a power 



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OF TH8 UNITBD 8TATB0. 181 

which, more than any other, ou^ht to produce universal alarm, 
because it is leveled against tnat right of freely examining 
public characters and measures, and of free communication 
among the people thereon, which has ever been justly deemed 
the only effectual guardian of every other right* 

6th. That this State, having by its Convention which ratified 
the Federal Constitution, expressly declared that among other 
essential rights, 'Hhe liberty of conscience and of the press 
cannot be canceled, abridged, restrained, or modified by any 
authority of the United States," and from its extreme anx- 
iety to guard these rights from every possible attack of so- 
phistry and ambition, having, with other States, recommended 
an amendment for that purpose, which amendment was in due 
time annexed to the Constitution,* it would mark a reproach- 
ful inconsistency and criminal degeneracy, if an indifference 
were now shown, to the most palpable violation of one of the 
rights thus declared and secured, and to the establishment of 
a precedent which may be fatal to the others.f 

7th. That the good people of this Commonwealth having 
ever felt, and continuing to feel, the most sincere affection 
for their brethren of the other States, the truest anxiety for 
establishing and perpetuating the union of all, and the most 
scrupulous fidelity to that Constitution which is the pledge 
of mutual friendship and the instrument of mutual happiness, 
the Greneral Assembly doth solemnly appeal to the like dis- 
positions in other States, in confidence, that they will concur 
with this Commonwealth in declaring, as it does hereby de- 
clare, that the acts aforesaid are imconstitutional; and that 
tiie necessary and proper measures will be taken by each for 
co-operating with this State in maintaining unimpaired the 
authorities, rights, and liberties reserved in the States respec- 
tively, or to the people ; that the Governor be desired to trans- 
mit a copy of the foregoing' resolutions to the executive 
authority of each of the other States, with a request that 
the same may be communicated to the legislature thereof; 
and that a copy be furnished each of the Senators and Repre- 
sentatives representing this State in the Congress of the 
United States. 

8th. That the General Assembly, having carefully and re- 



* Vide Amendments to the Con., Article 1. 

f A reference to the act of ratification of the Constitution, bj yirginia, 
will more foXLj explain this resolution, which has been quoted at p. 91. 



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182 00M8TITUTI0SAL HI8T0BT 

spectfullj attended to the proceedings of a number of the 
States, in answer to their resolutions of December, 21, 1798, 
and haying accurately and fully re-examined and reconsidered 
the latter, find it to be their indisputable dutj to adhere to 
the same, as founded in truth, as consonant with the Consti- 
tution, and as conducive to its preservation; and more espe- 
cially to be their duty to renew, as thev do hereby renew, 
their protest against the "Alien and Seoition Acts," as pal- 
bable and alarming infractions of the Constitution. 

After the resolutions of the 21st of December, 1798, had 
been transmitted to the executives of the different States of 
the Union — every one who returned any answer being directly 
opposed to the action and the sentiments of the Virginia 
Legislature — that body determined at a very early period to 
revise these resolutions, which had been offered by John Tay- 
lor, of Caroline, since known to have been penned by James 
Madison. A long and animated debate ensued. Statesmen 
who had won eternal laurels upon the theatre of the Union, 
rallied with all their ability, eloquence, and learning to the 
standard of the Republican party, then beginning to expand 
throughout the length and breadth of the Union. William 
B. Giles, unrivaled in close and severe argument, displayed 
on this occasion his wonted ability. John Taylor, of Caro- 
line, and W. C. Nicholas, were likewise members of the legis- 
lature, with the display of all their eloquence, their zeal, and 
their patriotism. The Federal party was led on by George 
Keith Taylor, one of the ablest and most acute debaters 
the State has ever produced. Whilst Lee and other deter- 
mined and gallant spirits added as able defence as such cause 
would admit. The result of this debate was that every reso- 
lution was sanctioned by the House, and supported by a report 
that will ever live upon the page of political philosophy as 
one of its brightest ornaments^ 

I would gladly examine every resolution and the doctrines 
upon which they are based, as well as the theories that were 
brought in opposition to them, but must content myself, at 
this time, with a notice of that part more particularly appli- 
cable to the topic under discussion, — the ^^ Alien and Sedition 
Laws." As I stated, the States who noticed the Virginia reso- 
lutions, all dissented.* The resolutions of these States were 
generally brief. Massachusetts and New York alone under- 

* Vide names of the States, n^pra page 179. 

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OP THB UNITBD STATES. 188 

tooky by argument, to sustain the General Government. The 
Legislature of Massachusetts did not claim the right or admit 
the authority of any of the State governments to decide upon 
the constitutionality of the acts of the Federal Government. 
These acts were constitutional. The Constitution had erected 
no other tribunal and no other could decide, according to its 
provisions, upon the constitutionality of an act but the Su- 
preme Court. These acts were not only constitutional, but 
expedient and necessary. That the United States, at the 
time of passing the Alien Act, were threatened with actual 
invasion, had been driven by the unjust conduct of France 
into warlike preparations, expensive and burdensome, and 
had then in the bosom of the country thousands of aliens, 
who were ready to join the army and plunge the poignard to 
the heart of our citizens. Should Congress wait until hos- 
- tilities had commenced and the flame of war raging over the 
land? The removal of aliens was a usual preliminary of 
hostility and invariably justified by the law of nations. 

The Sedition Act was equally defensible in the opinion of 
the Massachusetts Legislature. True, ^' Congress shall make 
no law abridging the freedom of speech or of the press." 
The act complamed of is no abridgment of either. The 

genuine liberty of the press is the liberty to utter and publish 
be^ruth; the constitutional right of a citizen to utter and 
publish the truth was not to be confounded with the licen- 
tiousness in speaking and writing that which is employed in 
propagating falsehood and slander. It is a truth, most mani- 
fest, that the important trust delegated to the General Go- 
vernment cannot be discharged without the power to restrain 
or punish seditious practices and unlawful combinations 
against itself, and to protect the oflScers thereof from abusive 
misrepresentations. Had this power been withheld, the Go- 
vernment would have been responsible for the effects without 
control over the causes which naturally produce them, and 
would have failed to meet the great purpose for which it was 
designed, — viz. "To form a more perfect union, establish jus- 
tice, insure domestic tranquillity, provide for the common de- 
fence, promote the general welfare, and secure the blessings 
of liberty to ourselves and posterity." Seditious practices 
and unlawful combinations against the Government, or any 
officer thereof in the performance of his duty, as well as licen- 
tiousness of speech and of the press, were punishable by com- 
mon law in any of the courts of the United States before the 



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184 COKSTTTUTIONAL HISTOBT 

ftct in question was passed. This act is an amelioration of 
the law in favor of the party accused, mitigating the punish- 
ment and allowing any investigation of public men and mea- 
sures which is guided by truth. This was said in behalf of 
those principles which Virginia, with the aid of Kentucky, 
succeeded, — for the welfare of the country, the safety of the 
Constitution and the States, — ^in utterly suppressing; not the 
laws in question, for they expired by their own limitation, 
but the spirit that gave them birth and might have revived 
them again, fell beneath the blows of Virginia's statesmen to 
rise no more, as thus they answered the speculative arguments 
upon which the "Alien and Sedition Laws" were based. 

Of the "Alien Law" it was contended that it exercises a 
power nowhere delegated to the Federal Government, and 
that it united the legislative and judicial powers to those of 
the executive.'*' It was further contended that this act was 
unconstitutional, as it was a direct breach of the 9th Section 
of the First Article of the Constitution, which says, — "The 
migration or importation of such persons as any of the States 
now existing shall think proper to admit, shall not be pro- 
hibited by Congress prior to the year one thousand eight 
hundred and eight." 

It exercised a power not delegated by the Constitution. 
The Federal Govemmenl is composed of powers specifically 
granted, with a reservation of all others to the States or pe(h 
pie. f Art. 10, Amendments to Con.) 

This is equally applicable to the Sedition Act, besides its 
direct violation of the First Article of Amendments. I shall 
not pursue the train of argument presented by the able cham- 
pions of the Republican party at that day; no event in the 
constitutional history of the United States is more important 
than this first decided controversy between the powers of the 
Federal and State Governments. Virffinia, single-handed, 
save the coadjutancy of Kentucky, took and maintained a 
stand which deserves the everlasting approbation of posterity; 
the General Government had overleaped all constitutional 
boundaries, and at that early day, if unrestrained, it would 
have in a few years enveloped in its gigantic folds every 
power and right properly belonging to the States. 

* The act declared **That it shall be lawM for the President to order 
aU such aliens as he shall judge dangerotu to the peace and safetj of the 
United States, or shall haye reasonable ground to sttipect are concerned in any 
treasonable or secret machinations against the Government, to depart," &e. 



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Of THS UNITBD STATES. 185 

The proper boundary of these two powers has, from the 
earlier stages of the history of the American Constitution to 
the present day, been a subject of frequent and excited dis- 
cussion upon our national theatre, as well as in the State 
legislatures. It has been made the topic in many a political 
struggle, and our ablest jurists have exhausted the arguments 
on both sides.'*' 

Much interesting history in reference to the sovereignty of 
the Colonies, and their distinctness as separate Governments 
up to the formation of the Federal Constitution, has been 
produced on the one hand; whilst with equal learning the 
advocates of the Federal party have contended, in the lan- 
guage of America's most distinguished jurist, for the oneness 
of the Colonies. For the full understanding of this interest- 
ing part of our constitutional history, the reader is referred 
to its details in another chapter. 

Whatever may be the ultimate tendency of the final esta- 
blishment of either doctrine, is not the subject of present 
inquiry. The State-rights party of the present day have 
carried the principles of their party to an extent equally as 
alarming as did the Federal party of the days of the elder 
Adams. The true definition of the limits of the General 
Qt)vernment, as well as the retained powers of the States, 
must be ascertained by the Constitution of the United States. 
The State-rights party of 1798 and 1799 undertook to esta- 
blish a platform, which they did, and which remained until 
the memorable days. of the proclamation the true and liberal 
exponent of a correct leamin^iipo3"tE8 question. / 

The Qt)vemment of the United States was recognized by 
the State-rights party of that day as neither a '^ confede- 
rated'' nor "consolidated" Government, but, in the words of 
Mr. Madison, "a mixture 6f both." 

The Constitution presents "the diversion of the supreme 
powers of the Government between the States in their united 
capacity, and the States in their individual capacities." 

It was formed not by the Gt)vemments of the component 
States, as the Federal Government for which it was substi- 
tuted was formed ; nor was it formed by a majority of the 
people of the United States as a single conmiunity, in the 



* Among the ablest writers have been Judge Story, of the U. S. Supreme 
Court, on one side,, and H. St. (George Tucker, Judge of the Court of Appeals 
of Virginia, on the other. 

Vol. L— 18 



i 



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186 OONSTITXJTIONAL HI8T0BT 

manner of a consolidated Government: it was formed by 
the State$ — that is, by the people in each of the States act- 
ing in their highest soyereign capacitv*, and formed conse- 
quently by the same authority which formed the State con- 
stitutions. This is the language of Mr. Madison.'*' 

The true history of the formation of this Constitution 
proves it to be derived from that source from which the State 
constitutions sprung. It was adopted by the conventions 
of the respective States, which were convened by the people 
for that purpose. The United States Constitution revolves 
in its own orbit ; the State constitutions revolve in their re- 
spective orbits, each separate and distinct, each with power 
supreme and uncontrollable by the oth«r. 

Their powers are stamped upon their face ; and whilst they 
maintain their equipoise, they are not only supreme, but they 
can never conflict. The Constitution of the United States 
defines the powers of the General Government, but not the 
powers of the States. It must necessarily be of ^' as high 
and soverei^ a character as any of the powers reserved to 
the States. Is it reasonable to suppose that the people of 
the States would make a Government and deprive it of self- 
sustaining power ? The Constitution of the United States is 
^' the supreme law of the land,'' and, after defining the powers 
of Congress, gives to that body the power to make all laws 
" necessary and proper for carrying mto execution the fore- 
going powers and all other powers vested by this Constitution 
m the Government of the United States, or in any department 
or office thereof." The only question then to be asked is, 
has the Government gone beyond the limits of its charter? 
If it has not, then the States cannot control its action ; it 
may advise but it must submit. If, however, the General 
Government shall exercise a power not granted, that moment 
it falls within the orbit of the States and its powers are nu- 
gatory. The General Government, like the State Govern- 
ments, has at its command a Judiciary to expound its laws, 
and '^ a physical force for executing the powers committed 
to it." 

In controversies between the General and a State Govern- 
ment, the Constitution has established a tribunal,t the Su- 
preme Court of the United States, which is empowered to 

* Vide Madiflon'B Letter to Ererett, dmted August, 1880. 
t Vide Biadison's Letter to Everett, and Fed., No. 89. 



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OF THB UNITBD STATSS. 187 

decide between them ; for ^^ the judicial power shall extend 
to all cases in law and equity arising under the Constitution." 
(Sec. 2, Art. 3d.) Another branch of this question is much 
debated, which will be discussed under a different head — ^the 
right of secession on the part of a State. At this time I 
w3l simply say, in the language of the letters just referred to, 
in reference to the abuses of nie General Government, — " In 
the event of a failure of every constitutional resort and an 
accumulation of usurpations and abuses, rendering passive 
obedience and non-resistance a greater evil than resistance 
and revolution, there can remain but one resort, the last of 
all, an appeal from the canceled obligations of the constitu* 
tional compact to original rights and the law of self-preser- 
vation." This is the doctrine of the State-rights school of 
1798-99, as explained by its fathers, and those who watched 
and nurtured the Federal Government at its very birth, and 
looked with equal regard to the rights of States on the one 
hand, and those of the General Government on the other. 

None can deny the right of a State to resort to this, the 
ultima ratio under any and every form of government. The 
people threw every constitutional restraint around the Ge- 
neral Government consistent with its powers of operation; 
they also designed and have legitimately lodged in its hands 
the means of a powerful action. With its limits defined, there 
is yet a power, the Judiciary ; to say when its boundaries have 
been overleaped, and whenever it is so far lost to all sense of 
right, justice, and propriety, as to overstep its jurisdiction, 
the extent of the evil is the only criterion of State action, 
and that cannot be, under the Oonstitution, but the reserved 
and unalienable right of throwing off the Government that 
is (mpressive. 

Not a word was said, during the discussion in the Virginia 
Legislature on the resolutions of 1798-99, concerning the 
constitutional ridit of a State to arrest by force the operation 
of a law of the United States Government; no one thought 
of any such idea.'^ The modern State-rights party have 
ffone beyond the doctrine of the fathers of the school, and 
in ascertaining the right of a State as a comtitutional right 
to secede, they attempt to establish a principle not recognized 
by the Constitution, but reserved to the States as a revolu- 

* Madison's Letter to Everett. 



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188 CONSTITUTIONAL HISTORY 

tLonary right which could not haye been surrendered if it had 
been designed. 

During the session of Congress, which continued until the 

^g^ 14th of May, but little was done which excited the 
attention of the country or deserved a place on the 
historic page. The defence of the country and the protection 
of commerce received the notice and attention of Congress. 
An act for maintaining peace with the Indians was passed, 
and for the relief of persons imprisoned for debt on judg- 
ments obtained in the courts of the United States. At several 
preceding sessions a bankrupt law had been proposed and 
warmly advocated; it was not passed until this session. A 
law in addition to the act of 1794 was passed, more extensive 
in its prohibition of the slave-trade. 

At this session a person, then obscure and unknown, ap- 
peared and took his seat as the first Delegate from the North- 
western Territory, This was Wm. H. Harrison, who after- 
wards became alike distinguished as a statesman and soldier. 
An act was passed for the organization of a Territorial go- 
vernment for Indiana, then represented, along with Ohio, by 
Harrison. An act was passed for taking the second census. 

Public attention began at this time to arouse and exert 
itself in reference to the ensuing Presidential election. 

The Republican and Federal parties in Congress selected 
and recommended for the support of the people their respec- 
tive candidates. 

The Federalists presented for re-election President Adams, 
and placed on the same ticket General Charles Cotesworth 
Pinckney, brother of Thomas Pinckney, who had been on 
the ticket with Adams in 1796. 

The Republican party nominated Thomas Jefferson and 
Colonel Aaron Burr. 

At this period nearly all the electors were chosen by the 
State legislatures. The contest commenced in the election 
of members of the legislature. 

Among the most important of these elections was that of 
the State of New York, which occurred on the two 
last days of April and the first of May. The re- 
sult of the election was known before the adjournment of 
Congress and was favorable to the Republican party. The 
expectations of the Republican party were greatly raised by 
tins unexpected result; the Federalists had relied with con- 
fidence on New York, as the vote of that State had been cast 



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OF THE UNITED STATES. 189 

for Adams and Pincknej in 1796. Adams was much excited 
by the result of this election. He abruptly dismissed from 
his cabinet two Ministers, — ^McHenry from the War Depart- 
ment and Pickering from the Department of State. 

On the 22d of November President Adams met 
the Sixth Congress at Washington City, the then 
seat of Government, where the various departments had been 
established since the adjournment of Congress in May last. 
Here the first Presidential speech delivered in the new capitol 
of the nation, was the last Annual Address of John Adams. 

It was a reflectful and imposing occasion. A seat, designed 
to be as permanent as the Government itself, had been adopted ; 
here stood the first capitol of the nation; here the first solemn 
temple dedicated to American liberty reared its massive walls 
and glittering domes ; here, for the first time in the house of 
the nation, the guardians of the country gathered around its 
altar, with their fervent prayers to Heaven that this might 
ever be the unpolluted fane of freedom. 

The Address of the President was a brief and neat paper, 
reciting the condition of the country and its evident progress 
to unsurpassed wealth and power. He called the attention 
of Congress specially to the condition of our navy, and urged 
its claims for advancement and protection, in which connec- 
tion he pointed out the necessity of the fortification of our 
seaports and harbors. The manufacture of arms likewise, in 
his opinion, invited the attention of our National Legislature. 
This branch of manufacture had already attained that state 
of perfection which, with little more care, would supersede 
the necessity of future importations. 

This Congress continued in session until the 3d of March, 
at which time it closed its doors by operation of law. 

Its labors were of a limited character. The most important 
acts related to the naval peace establishment, an institution 
which has done the most eflScient service towards building up 
our commerce with the world, notwithstanding this act em- 
powered the President, when he should think it safe or pru- 
dent, to sell the ships of the United States, except thirteen 
of the largest frigates, and that six of these be dismantled 
and the remainder continued in service. An act passed for 
continuing the mint establishment, and for estimating foreign 
coin. The subject of erecting a mausoleum to Washington 
was frequently discussed at this session. The House of Re- 
presentatives proposed a mausoleum and voted one hundred 



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190 OOHBTITUTIONAL HISTOBT 

thoosand dollars for the purpose; this was rejected by 1^ 
Senate, which proposed, from motiyes of economy, the erec- 
tion of a monmnent, towards the completion of which that 
body TOted fifty thousand dollars.'*' At this session an addi- 
tional law was passed in reference to the Federal Jndiciary, 
providing for the division of the United States into six cir- 
cuits, and for the appointment of three judges in each, leaving 
the judges of the Supreme Court the exercise of only appel- 
late jurisdiction, t 

^^ Between the 18th of February and the 4th of 

March, the President appointed, with the consent 
of the Senate, the eighteen judges required by the Judiciary 
Act for the new court. The members of this court were men 
of high character and distinguished ability; but this institu- 
tion was violently condemned by the Republican party. In 
allusion to the lateness of the appointments^ the incumbents 
were called ^^the midnight judges of John Adams."| 

On the 11th of February, in the Senate chamber, in the 
presence of both Houses of Congress, the votes for President 
and Vice-President were counted ; a deep and awful silence 
pervaded the hall; anxiety stood upon every face; hopes and 
aspirations on one hand, dread and fear on the other, alter- 
nate rose and fell ; some impelled by a noble patriotism, others 
actuated by a sordid love of self-promotion. The foreseeing 
eye of the statesman looked with anxious doubt; the admin- 
istration of affairs were to remain in the dangerous hands of 
those whose policy was sufficiently manifest to be dreaded, or 
the Government was to be placed in the hands of those whose 
course, yet undeveloped, was known would be entirely the 
reverse of that which had marked the track of the present 
incumbents. Had the experiment failed? Could man cease to 
trust and confide in one, more than four years? Could our 
policy have no stability, but be subject to a constant check, 
to a watchful and a sleepless vigilance that rendered its 
familiar acquaintance obnoxious? If so, each four years 
must produce a storm whose violence, if at first but testing 
the strength of our political fabric, might ultimately destroy 
its every feature. It was well believed what would be the 

* Bradford, 116. 

5 Journal of Gong., 1800, 1 Stat. Man., yoL i. p. 187. 
The law was soon repealed, and each one of them lost his office. Stat. 
Ifan., 187. 



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07 THE UNITBD 8TAT8S. 191 

result; yet none had ever tested the effect a sadden subver- 
sion of the policy of one Administration and the equally 
sudden development of another and totally different one, 
would produce ; time alone could answer. It is true, the ad- 
ministration of Adams was a continuation of the party which 
had elected Washington, and sustained him with an appro- 
bation bordering on unanimity; but it will be seen that the 
Federal party had transcended the bounds of constitutional 
propriety, and departed far from the bold but magnanimous 
policy of the first administration of our Government. 

It has already been noticed that an act had passed Con- 
gress authorizing the second census under the Constitution. 
Some new divisions of the white population had been added 
since the taking of the first census. A discrimination was 
made between uie sexes, and distributed each under the fol- 
lowing heads: — 

Those who were under ten years of age. 
« « ten, and under sixteen. 

" ** sixteen, and under twenty-six. 

" ** twenty-six, and under forty-five. 

" ** forty-fire, and upwards. 

We were made further acquaintad with the rate of our 
increase. The whole population was thus distributed: — 

White Males 2,204,421 

" Females 2,100,068 

4,804,489 

Free Colored 108,896 

Slaves 898,041 

Total 5,806,925 

OThe increase in ten years 86*02 per cent. 

White 85-68 " 

Free Colored. 82-28 " 

Slaves 27-96 " 

Whole Colored Population 82*28 « 

This was estimated to the Ist of August, 1800. The males 
of the entire white population exceeded the females in the 
proportion of 100 to y5*03, but there is great diversity in 
the proportion between the sexes at different ages. It is im- 
possible to arrive at absolute accuracy, owing to the different 
habits of the sexes, and the emigration of the males. Mr. 
Tucker makes the following calculation, which is as accurate 
as can be : — 



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192 coKSTrrunoKAL histort 

Of those under ten yeara of age, the proportion of 

males to females was as ^ 100 to 94*9 

Between ten and sixteen 100 to 94*8 

Between sixteen and twentj-six 100 to 102*1 

Between twenty-six and forty-five 96*4 

Orer forty-five* 94*6 

The increase of the colored population, which was bnt little 
affected by migration at this period, gives a more accorate 
ratio of increase by natural multiplication; and supposing it 
to be the same with the two races, (the colored popidation is 
greater by natural multiplication,) it can be approximated in 
this way. The accession to our population by emigrants 
would in ten years be 3*45 per cent., equal to the differenoe 
between 85*68 and 32*23 per cent. It must be remembered, 
however, that in the slave-holding States the white population 
had gained a little on the colored, but more on the slaves, 
who, from being by the first census more than a third of the 
whole population, was by the second somewhat less. 

It will be seen by a reference to accounts of the adminis- 
tration of John Adams that the expenses of the Government 
increased rapidly under his system of financiering. 

During the eight years of Washington's administration 
the expenditures were $15,892,708 55; the public debt, 
$36,090,946 92. During Adams's administration, which 
continued for four years, the expenditures amounted to 
$21,348,351 19; the public debt, $18,957,962 69.t 

Parties in the United States took an early rise and soon 
acquired an intense bitterness towards each other. 

in reference to the Articles of Confederation, it had been 
clearly seen they were greatly defective in withholding from 
the Confederated Government self-sustaining power; designed 
as "a perpetual union" among the States, its functions were 
yet to be made "more perfect" by the Federal Constitution. 

Whilst the Constitution was under discussion before the 
Convention that framed it, a few were for giving to the 
Federal Government much stronger features than it contains. 
After its formation it was submitted to the people of the dif- 



* Tucker, p. 21. "Dr. Seybert, p. 44, in his statistics, states that of per- 
sons under ten, the females exceed the males. It is due, howeyer, to him 
to remark that while his computations appear to be accurate according to 
the data he possessed, he has often been misled by the errors in the first 
publications of the first and second censuses, which a more careful reyision 
of their returns has subsequently shown." — Note by Tucker. 

f Stat. Man., toL iii. p. 1647. 



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OF THB UNITED 8XATB8. 198 

ferent States, who ratified it in conventions called for the 

Snrpose. A respectable and talented party in many of the 
tates opposed its ratification, on the ground of its giving 
too mnch power to the government of its creation. A dis- 
tinctive party line began to develop itself; those by whom 
it was advocated were denominated Federalists, whilst its op- 
ponents were known as Republicans, who were scrupulously 
watchful of the rights of the States.* 

Upon its adoption by the different States, which occurred 
at intervals, the two parties and the extremes of each came 
together upon a common platform towards its faithful and 
ardent support. George Washington, who had presided over 
the very birth of the Constitution, whose name was enrolled 
at its end, who had been urgent for its adoption, was selected 
unanimously as the first President; and the people were to 
gather as one grand united party when the Government 
beran its early career. As soon as the policy of the first 
Amninistration began to develop itself party lines were 
formed. It was not only necessarily incident to the very first 
efficient action of the Government that those principles should 
be adopted which called forth the exercise of its powers, but 

Washington, Hamilton, and nearly all connected 

with the Government were disposed to give it the full exercise 
of a free and liberal construction. Others there were, too, that 
had opposed the adoption of the Federal Constitution, who 
afterwards supported it in its fullest latitude ; conspicuously 
among this latter class stood Patrick Hennr, who, in his last 
days, was elected to the Virginia House of Delegates as the 
advocate of the Alien and Sedition Laws. 

Whilst the administration of Washington was strictly con- 
stitutional, many were of opinion that the only safe policv 
was that limited and strict construction which, in their jeal- 
ousy of the Federal Government, gave an early rise to the 
State-rights party, which assumed to themselves the name 
of Republican, and gathered strength and popularity as the 
administrations of Washington and Adams progressed, until 
they finally triumphed in the election of Mr. Jefferson. The 
advocates of the administration of Washington, as well as his 
immediate successor, were called Federalist. 

The first occasion of difference which marks the origin of 

* Debates in VirgiiuA Conyeiition upon the adoption of the Federal Con- 
stitntion. 



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194 OOVBTITUnOHAL HIBTORT 

parties after the commencement of Washington's administra- 
tion, is presented distinctly in the charter of the first national 
bank. The Secretary of the Treasury had be«ii 
the constant advocate of a bank. A bill conform- 
ing to the plan of the Secretary of the Treasury, conmmni- 
cated in a special report, passed the Senate and was permitted 
to reach its third reading in the Honse of Representatiyes ; 
on the third reading a powerfnl opposition sprung up, which 
had been little expected by its friends* Among the most dis- 
tinguished opponents of the bill were Madison, Giles, Jack- 
son, and Stone. The most imposing arguments brought to 
bear against the bill were directed against the constitutional 
authority of the General Government to charter a national 
bank.* This measure contributed not inconsiderably, says 
Marshall, ^^to the complete organization of those distinct and 
visible parties which, in their long and dubious conflict for 
power, have since shaken the United States to their centre." 
The distinct and visible parties were the Federal and Repub- 
lican. Whilst the latter thought the great danger to be ap- 
prehended was the undue ascendency of the Federal Govern- 
ment, the former, equally respectable in talent, and more so in 
numbers at this time, had watched the progress of American 
politics, and as sincerely believed the real danger to the Re- 
public was in the undue ascendency of the States; they were 
strongly confirmed in this sentiment by an accurate observa- 
tion of the proceedings of several State legislatures respecting 
the action of Congress. Without reviewing the history of 
Washington's administration, with which the reader is now 
fully acquainted, and with those measures which, though 
reprobated by the Republican party, were justly applauded 
by the Federalists as the v basis of the prosperity of the 
Union, I will contrast the condition of the country in 1788 
and 1797:— 

At home, a sound credit had been created; an immense 
floating debt had been funded in a manner perfectly satisfactory 
to the creditors; an ample revenue had been provided; those 
difficulties which a svstem of internal taxation, on its first in- 
troduction is doomed to encounter, were completely removed; 
and the authority of the Government was firmly established. 
Funds for the gradual payment of the debt had been pro- 
vided; a considerable part of it had been actually discharged; 

* BlanhAU*! Life of WMhington, toI. iL pp. 208, 206. 



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OV THS UHIT8D STATBB. 196 

and that system which is now operating its entire extinction 
had been matured and adopted. The agricultural and com- 
mercial wealth of the nation had increased beyond all former 
example. The numerous tribes of warlike Indians, inhabiting 
those immense tracts which lay between the then cultivated 
country and the Mississippi, had been taught by arms and 
by justice to respect the United States, and to continue in 
peace.* 

Abroad, our differences with the world were nearly all 
healed; the free navigation of the Mississippi was ours, with 
the use of New Orleans as a place of deposit for three years, 
and afterwards until some other place should be allowed us. 
This was an advantage of incalculable magnitude, as it re- 
moved the cause of mutual ill-wiU between uie United States 
and one of the first maritime powers of the earth. Trea- 
.ties had been formed with every nation of importance, and 
the waters of the world were opened to our commerce. And, 
more important than all, the principles of the Constitution 
were engraved upon the hearts of the American people. 

This IS the picture the Federal administration of Wash- 
ington presents to the reader; this the picture the opposition 
party would blacken and deface. The CTcat measures of this 
Administration show the necessity of ^at construction and 
application of the principles then practiced, whilst they prove 
with absolute certainty that the dangers apprehended by the 
State-rights school were without foundation. No shade hangs 
over the brightness of this picture but the unsettled difiScm- 
ties with France, which were not adjusted until the succeeding 
Administration. 

When Mr. Adams took charge of the reins of Government, 
elected as he had been by the same party who had rendered 
such undivided support to the preceding Administration, he 
designed, as he did to some extent, to carry out the principles 
of that Administration. It is true, the expenses of the Go- 
vernment were increased, as have been necessarily so during 
every succeeding Administration ; vet the resources of the 
Gt>vemment were enlarged, and Mr. Adams reduced consi- 
derably the public debt. The principles of neutrality, as the 
essential policy of the United States established by Wash- 
ington, were adopted bv Adams and rigidly pursued. The 
French difficulties, which devolved upon Adams's administra- 



* Marshall, toL iL p. 428. 



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196 CONSTITUTIONAL HI8T0B7 

tion, were adjusted with eminent skill, avoiding an expensive 
and sanguinary war, with equal protection to the honor of the 
nation and the interest of the citizens. 

Glamorous though unnecessary ohjections were urged 
against the increase of the army. The reader will have 
seen from the preceding pages its necessity, from the perilous 
nature of the French difSculties. It must be viewed as a 

E reparation for an expected war, and not as an effort to en- 
ance the strength of the Government, merely for pomp and 
show ; as soon as all appearance of war vanished the increased 
armv was disbanded. The law establishing the Circuit Courts 
of the United States, to be holden by justices not of the Su- 
preme and District Courts, which was soon repealed, showed 
the foresight of the Administration; they were dispensed 
with early in the succeeding Administration, because the 
business of the Federal Courts was comparatively small; ve( 
future experience soon developed the narrowness of that 
policy which abolished them. Whilst Mr. Adams continued 
nis administration upon the plain and simple provisions of 
the Constitution, it was exceedingly popular. In 1798 it was 
nearly the universal sentiment of the people that the admin- 
istration and the measures of Congress were wise and proper. 
Before the close of the year 1800 an entire revolution in 
public opinion had pervaded the country. High and honor- 
able gentlemen in every section, equally distinguished for 
virtue as for talent, had turned a^inst the Administration, 
and it was soon discovered that Mr. Adams could not be re- 
elected. 

This sudden change of public opinion is attributable to 
several causes. In Virginia and Kentucky, the passage of 
the Alien and Sedition Laws had turned the voice of the 
people loudly against the Administration, which, added to the 
influence of Thomas Jefferson, and the promulgation of the 
ultra Democratic doctrines which he entertained, linked with a 
svmpathy for France, which existed extensively at that time 
tnroughout the country, left scarcely a party for Adams in 
these two States. The Alien and Sedition Laws scarcely 
diminished his popularity in the Northern States ; they had 
been sustained with great unanimity by the legislature of 
every State at the North. The Administration had become 

Suite unpopular among these States, however, and a union of 
le two extremes of the parties had taken place to put down 
the Administration. Many of the ultra Federalists, led by 



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OF THB UNITED STATES. 197 

the distinguished talent and inflaence of Hamilton, who, along 
irith others, had left the Administration, and, though without 
sympathy for the Republican party, equally opposed the 
Administration. The Federalists were opposed to war with 
France; many of the anti-Federalists were advocates of a 
war. A large number of the Federal party deserted the Ad- 
ministration on account of the manner in which Adams had 
acted, and were much excited about his vascillating course in 
reference to France. It was known after the treatment our 
Envoys, — ^Messrs. Pinckney, Marshall, and Gerry, — ^received 
from the French Court, that Mr. Adams had declared 'Hhat 
if France should send a Minister to-morrow, he would order 
him back the day after.'** Very soon thereafter a corre- 
spondence sprung up between Mr. Adams and Mr. Murray, 
our Minister at the Harae, which resulted in the appointment 
of Mr. Murray as Minister to France. The unpopularity of 
fliis step induced, as the reader is aware, the appointment of 
two other gentlemen as associates of Mr. Murray; this was 
all done without the concurrence or advice of his cabinet. 
This entire appointment produced ^eat dissatisfaction with 
the friends of the Administration. It was contended that it 
waived the point of honor, which, after two rejections of our 
Ministers, required that the next mission should proceed from 
France. After the many indignities and outrages that this 
country had received, it was thought that it exhibited a dis- 
position to compromit the honor of the nation by yielding 
too much.f 

Immediately after the New York election, which was known 
to be unfavorable to Mr. Adams, he abruptly dismissed two 
of his cabinet ministers, — Mr. Pickering, Secretary of State, 
and Mr. McHenry, Secretary of War, — ^which caused much 
sensation throughout the country, and had a considerable 
tendency in weakening the Federal party. Mr. Adams offered 
no excuse for this freak of temper, and it can only be attri- 
buted to his irascibility. It was notorious, besides Mr. Adams's 
great jealousy of men, that he was often liable to paroxysms 
of anger which deprived him of self-command.J A forcible 
iUustration of his temper is discovered in his actions towards 
his own friends by whom he was elected Vice-President; 
when he ascertained that it was, as he knew, the intention 
of the entire country that Washington should be President 

* Hamilton's Letter upon the Administration of Adams, f Ibid. % Ibid. 

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198 CONSTITUTIONAL HI8T0BT 

and he Vice-President. After Washington and Adams had 
been selected, the first for President, the latter for Yice-Pre* 
sident, owing to the then existing mode of voting, it was 
foreseen that the wishes of the people might be defeated, 
unless Washington was elected, and it was determined, to 
obviate this difficulty, that a number of Mr. Adams's friends 
should vote for other persons, and by thus diverting thdr 
votes insure to General Washington a plurality. Mr. Adama 
complained of great unfairness in not being allowed to take 
an equal chance with General Washington.'*' Abundant 
evidence exists of the coldness, selfishness, and badness of 
temper, often rising to rage, which, notwithstanding Mr. 
Adams's great talent and undoubted patriotism, rendered him 
entirely imfit to fill the office of Chief Magistrate. 

Mr. Adams possessed great talent, highly polished and 
cultivated, united with the highest patriotism and the most 
unflinching honor ; his administration in all foreign relations 
was unexceptionable. The nation, at the expiration of his 
term, stood in a commanding attitude of defence ; sni liberty, 
peace, and improvement, shed their halcyon rays throughout 
the land. Public credit had been fully established, ana the 
faith of the nation was pure and unsullied, commanding the 
respect and admiration of the civilized world. 

Yet in surveying the domestic policy of this Administra- 
tion, all must feel the strongest conviction of the necessity of 
a change of our internal policy. In concluding this chaptar, 
I will remark, that an enlightened public opinion from the 
heads of the Federal party, thoudi not united with the Re- 
publicans in the ele<;yfcion of Mr. JefiiBrson, lent their aid to 
the defeat of Adams. The former were no longer satisfied 
that Mr. Adams could successfully carry out the first esta- 
blished principles of our Gt>vemment, owing to the great 
dissensions he had created in his own party and even in his 
own political household. The latter, urging the objections of 
the party to which Mr. Adams was attached, added to the 
other features of their principles which I have already noticed, 
likewise attacked, with some show of plausibility, and most 
assuredly with some success, the purity of the right arm of 
the civil power of every Government — ^the Judiciary. Whilst 
the administration of justice under our Federal Judiciary was 
so adroitly conducted as to obviate punishment on the part 

* Hamflton's Letter upon the Administration of Adams. 



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07 THB UKITBI) 8TATB6. 199 

of the mcmnbents of the bench, there exists abtmdant evi- 
dence to show the leaning and tendency of the Federal courts^ 
in many instances in a most unfair way, towards those who 
were indicted under the Sedition Law, as well as the violation 
of the direct tax* 

Matthew Lyon, who, though a Bepresentative in Congress 
from Vermont, was a very low and vulgar blackraard, never- 
theless was entitled, upon a trial under the Sedition Law, to 
a full and fair oncj was not only treated by Judge Patterson 
with marked indifference, but with absolute injustice and 
cruelty. The trial came up on Saturday, the prisoner pleaded 
and was admitted to bail, and th^ case adjourned over to Mon- 
day. Lyon was called at eleven o'clock; he requested time, 
as his counsel had not arrived ; the Court reluetarMy granted 
until twehe the same day^ at which time, though the prisoner's 
counsel had not arrived, he consented to go into the trial, 
fearing to ask longer indulgence from a prejudiced Court. 
Lyon plead his own cause; and though he was a trifling fel- 
low, yet no doubt exists of the impropriety of the Judge in 
forcing the prisoner into trial, as well as the harshness and 
violence of the charge from the bench. For ridiculing the 
President, Lyon was thrown into a dungeon six feet square, 
during a rigorous winter, with a fine of one thousand dollars, 
and to stand committed until judgment be complied with.* 

Li May, 1799, John Fries was indicted in the Circuit Court, 
held at Philadelphia, for hi^h treason. It will appear to the 
satisfaction of the reader that Judge Iredell, who sat on the 
trial, was unjustly and improperly inflamed against the pri- 
soner, and greatly transcended the dignity of the bench. 

In the famous trial of Thomas Cooper before the Circuit 
Court of the United States sitting at Philadelphia, April, 
1800, before Judges Chase and Peters, the Court exhibited 
, an equal deviation from moral rectitude, by showing not only 
its political bias, but the most unwarrantable temper against 
the prisoner, who, upon the indulgence of a little satire upon 
John Adams, was sentenced to pay four hundred dollars and 
imprisonment for four months, and at the end of that time to 
find security for his good behavior, himself in a thousand dol- 
lars, and two sureties in five hundred dollars each^f 

* Qraham'8 Sketches of Vermont ; Wood's Hist, of Adams's Ad. 
f Cooper's Tri^; Wood's Hist, of Adams's Administration. 



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200 CONSTITtrTIONAL HISTORY 

On the 28th of May, 1800, commenced the .trial of Oal- 
lender, for a libel on the President. He was tried before 
Judge Chase, who presided at the Circuit Court held in the 
city of Richmond. In the trial of this cause, Judge Chase 
exhibited throughout the most unwarrantable irascibility, 
which extended eyen to the counsel for the defence ; and 
from the various interruptions, as well as the decision of the 
Court upon many points arising during the trial, it was ap- 
parent even to those who were drawn by curiosity to the 
court-room, that the Judge, under the influence of his Federal 
sentiments, was biased and prejudiced beyond example in our 
courts against the prisoner.* There were many other in- 
stances, equally convincing, which not only threw a large 
share of odium upon the Federal Judiciary, but served as a 
powerful weapon in the hands of the Republican party to 
attack the Administration. 

I have not made allusion to this from^any unfriendly spirit 
to the Federal Court, but simply as a part of the history of 
the opposition to Mr. Adams. No one has a more exalted 
admiration for the purity and talent of the Federal Judiciary 
than the author ; and whilst it is manifest that the courts were 
inflamed and biased in many instances, yet their general his- 
tory will shine in equal lustre with any Judiciary on earth. 
The only trial of a Federal Judge that ever occurred was the 
trial before the United States Senate of Samuel Chase, which 
grew out of his administration of the laws under Adams and 
the trials just related. 

I have presented to the reader a full history of the admin- 
istration of Mr. Adams, in which he will find much to praise 
and much to blame, yet without advancing at this time any 
opinion upon the succeeding Administration. It is equally 
clear that John Adams was no longer the fit and proper man 
to preside over the administration of the Government of the 
United States. But in summing up the objections which so 
justly consigned him to the shades of private life, we should 
ever be mindful that his voice was among the boldest and 
most eloquent in facing the wrath of England, and advocat- 
ing the rights of the oppressed Colonies, and often incurred 
perils by land and sea, at home and abroad, in behalf of his 

* Trial of Judge Chase before the Senate of the U. S., and the testimony 
on the part of the United States. 



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or THB IFNITBI) STATBS. 201 

country. When called to the Chief Magistracy of the nation, 
he often displayed a boldness of policy, an accuracy of judg- 
ment, and fullness of patriotism, equaled by few, excelled by 
none. Whilst his brilliant career is shaded with some gross 
errors, yet he lived to a green old age, covered with many 
honors, and died as he lived, an honest man. 



Vol I.— 14 



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'202 CONSTITUTIONAL HI8T0BT 



CHAPTER V. 

THE ADMINISTRATION OF THOMAS JBFFBRSON. 

The life of Thomas Jefferson is among the most interesting 
and instructive of those distinguished persons who have from 
time to time stood conspicuously before the world as Presi- 
dents of the United States. 

The ancestors of Jefferson on the paternal side, came early 
to this country from Wales. His grandfather lived at a place 
called Osboms, in the county of Chesterfield, Virginia. 
Peter, the father of Thomas, married Jane, the daughter of 
Isham Randolph. Thomas Jefferson was bom at Shadwell, 
his father's seat in Albemarle County, Virginia, on the 2d of 
April, 1743. 

In the spring of 1760, Jefferson became a student at the 
College of William and Mary, where he continued for two 
years. Dr. Small, a Scotchman, was then Professor of Mathe- 
matics, between whom and Jefferson a warm personal at- 
tachment was engendered. He procured for his young student, 
after the accomplishment of his collegiate course, a place as 
student at law in the office of the venerable Wythe. 

In 1767, Jefferson came to the bar of the General Court, 
and continued at the practice until the Revolution closed the 
doors of the courts. 

It has been said that Jefferson made no figure at the bar, 
which is erroneous ; whilst his voice would not allow him to 
figure as a popular speaker, yet it was all-sufficient for the 
bar, and there are extant manv written arguments of his 
whilst in the laborious pursuit of his profession, which show 
his right to its first honors."" 

Jefferson's ardent temper had in early youth bestowed upon 
him an anxious feeling for an active participancy in the civil 
contest which was now approaching. In 1769 he was elected 

* Wirt*8 Eulogy on Adams and Jefferson. 

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or THB UNITBD STATES. 203 

% member of the House of Burgesses from the county of 
Albemarle. His attention was early drawn to the subject of 
negro emancipation ; at this session he offered a resolution to 
remove the restrictions which the law imposed on voluntary 
emancipation ; this was rejected* The general right to manu- 
mit was not allowed in Virginia until the year 1782.* 

Energetic and eloquent with the pen, he published in 1774 
his " Summary Views of the Rights of British America," which 
was an able, calm, and accurate survey of the true relations 
between the Mother Country and her Colonies. This paper 
received much popularity in England, and was republished 
under the auspices of Edmund Burke. 

He was elected in the year 1775 to the Continental Con- 
gress, of which body he was for a few years a distinguished 
member. It was whilst a member of this body that he prepared 
the Declaration of Independence. During the same year 
the Virginia State Government was organized ; Jefferson was 
elected to the le^slature and resimfied his seat in Congress. 
During the time this distinguished individual served his native 
State m her own halls, he reared enduring monuments of his 
fame, and left a lasting record of his wisdom. He was the 
author of the law prohibiting the future importation of slaves; 
the abolition of the law of primogeniture, establishing in its 
place the equal partition of inheritances, was likewise the 
work of his benevolent heart; his enlightened attention was 
also attracted to a plan for a general system of education, 
which, however, never went into operation. To this day, 
Christians of every creed, as they gather to the public altar 
and offer their unrestrained and fearless worship in obedience 
to their own conscience, will remember in their devotion the 
author of the law establishing religious freedom throughout 
the limits of Virginia. These daring innovations but briUiant 
improvements, sprang from the prolific mind of him whose 
pen traced the lines of our Declaration of Independence. 

The kindness of his temper is exhibited by the attention he 
bestowed upon the British troops captured at Saratoga, who 
were removed to Charlottesville, in his immediate neighbor- 
hood, and in their distress were fed in part by the liberality 
of this gentleman, upon representation of a scarcity of pro- 
visions in the vicinity of their location. The Governor and 
Council, by authority of Congress, determined to remove 

* Tucker's Life of Jefferson, toL i. p. 46. 



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204 CONSTITUTIONAL HISTORY 

them. Jefferson addressed an argent appeal to Henry, then 
Governor of Virginia, in behalf of the prisoners and the in- 
humanity of the policy. He was successful and the troops 
were allowed to remain.* 

Jefferson was elected the second Governor of Virginia, on 
1779 *^® ^^^^ ^^ June, which office he occupied two years. 
In reply to a series of questions addressed by M. 
de Marbois, Secretary of the French Legation to the United 
States, Jefferson published in 1781 his "Notes on Virginia," 
which was somewhat a philosophic and quite a popular little 
work, as was attested by being soon afterwards republished 
in France and England. 

Congress appointed him Minister to join those in Europe 
1782. ^ assist in the negotiation for peace. He did not 
go; intelligence reaching Congress that prelimi- 
naries had been signed. 

He was again elected to Congress and acted as chairman 
of the committee to whom was referred the treaty 
of peace with Great Britain, and by whom it was 
unanimously ratified. 

He was the author of our present system of coins and 
1784. decimals. He wrote his notes on the coinage for 
the United States, proposing a different money unit 
from that advocated by Robert Morris, the continental 
financier, f From the scarcity of the precious metals, un- 
avoidably so in new Colonies, the currency, nominally the 
same with the Mother Country, had greatlv depreciated. 
Thus, £100 money of Great Britain was equal in New Eng- 
land and Virginia to £133|; in Pennsylvania, Jersey, 
Maryland, and Delaware, to £166| ; in New York and 
North Carolina, to £177} ; in South Carolina and Georgia, 
to £1034.J 

The attention of Congress had been called to the subject 
as early as January, 17o2. Morris had made a report, pro- 
posing a money unit of 1*1440 of a dollar, which would be 
the common measure of the penny of every State. 

Jefferson was a member of the committee on which final 

action was had on this vexed and intricate question. 

He objected to Morris's plan, and proposed the 

dollar as the unit, and the other coins so relatea to this as to 

♦ Tucker's Life of Jefferson, vol. i. c. 6 ; Stat. Man. voL i. p. 142. 

f Stat. Man., yoL i. p. 144. % Tucker's Life of Jefferson, toL L p. 160. 



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OF THB UNITED STATES. 205 

be conformable to the decimal arithmetic. Morris objected 
to this plan. Jefferson's was in the following year 
adopted by Congress. Morris objected to Jeffer- 
son's estimate of gold to silver at 15 to 1 as too high, but 
subsequent experience shows that Jefferson did not estimate 
it quite high enough, gold being nearly driven from the 
country until it was raised 16 to 1. What has been the re- 
sult of recent heavy importations I am unable to say, though 
Congress endeavors to maintain a uniform adjustment by 
regulating the quantity of coinage. 

Jefferson rarely spoke whilst a member of the Virginia 
Legislature or of Congress ; it is to be inferred he was not 
inclined to much speaking. He served, he says, — "with 
General Washington in the legislature of Virginia before the 
Revolution, and during it with Dr. Franklin in Congress. I 
never heard either of them speak ten minutes at a time, nor 
to any but the main point which was to decide the question." 

On the 7th of May, Jefferson received the appoint- 
ment of Minister Plenipotentiary to France, to act 
in conjunction with John Adams and Dr. Franklin. A few 
days previous to the appointment a proposition was made to 
reduce the salaries of foreign Ministers from eleven thousand 
one hundred and eleven dollars, to eight thousand dollars. 
During the pendency of the proposition, Jefferson, perhaps 
with an intimation that the appointment would be tendered 
to him, refrained from voting. The question was definitely 
settled by fixing the salaries of Ministers at nine thousand 
dollars. 

The copious life of Jefferson from the pen of Professor 
George Tucker, renders an account of him whilst in Paris 
needless in this place. His eminent literary acquirements 
and devotion to science, rendered Paris a delightful place to 
him ; he became as great a favorite at Court and among the 
savans and literateurs of the French metropolis as had been 
his distinguished predecessor Dr. Franklin, who left regretted 
bv the Court, as is seen from the remark of Vergennes (the 
French Minister) to Jefferson, when it was known Franklin 
had to leave, — " Vous remplacer Mens. Franklin^ je crais?" 
to which Jefferson replied, — " he succeeded Dr. Franklin, but 
no one could replace him."* Whilst Jefferson continued at 
the French Court, he maintained an agreeable literary inti- 



* Tucker's Life of JeffersoD, toI. i.p. 176. 



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206 cohsthtjtional histoby 

macj with Candorcety D'Alemberty MarreUety and other scien- 
tific men of France, with whom he engaged his leisure moments 
in a manner highly congenial to his disposition. With leaye 
of absence, Jefferson reached his native shore on 
the 23d of October, tiis purpose had been, on leav- 
ing France, to return, which was altered upon the reception 
of a letter from General Washington, tendering him the 
appointment of Secretary of State, which he appears to have 
accepted with reluctance and difSdence.* 

Whilst Secretary of State, he rendered unquestionable aid 
to Washington and good service to his country. The reader 
is acquainted with tne position he occupied in the cabinet ; 
with his reports on the currency, on weights and measures, 
on the fisheries, and on commercial restrictions, which have 
been treated of in the chapter on Washington's Administra- 
tion. Whilst holding office under Washington, he disapproved 
of many measures adopted by the Administration. In 1791 
the President called on him for his opinion concerning a 
national bank, to which he was violently opposed, deeming it 
unconstitutional. Jefferson's opinion was overruled ; Wash- 
ington approved the bank bill. He saw and dreaded the 
influence which the wisdom, talent, and virtue of Hamilton 
had upon the deliberations of the cabinet. Many difficulties 
originated between the Secretary of State and the head of 
the Treasury Department, which not only resulted in perma- 
nent Ill-feeling between them, but doubtless was partly the 
cause of the resignation of the former. 

Jefferson retired for a season to the shades of private life, 
seeking happiness in the indulgence of his literary taste, 
when not absorbed by his passion for political warfare. 
Under his auspices, through the influence of an enormous 
correspondence, tempered with great bitterness, the opposi- 
tion to Washington's administration assumed an organized 
form. The opposition party, recognized and known as an^t- 
FederalistSy were advised by him to take the name of Re- 
publicans ; their opponents bestowed upon them the name of 
Democrats^ which had been borrowed from the French. The 
term was dbliked and seldom used by the great leader of the 
Republican party. He knew too well from actual observation 

* Jefferson's Works, embracing his Correspondence, published by T. J. 
Randolph. 



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OP THE many) states. 207 

the force and odimn of such an appellation, as applicable to 
the party to which it was applied in France. 

In 17^6 the Republicans brought Jefferson before the peo- 
ple as candidate for the Presidency, as has been preyiouslj 
stated ; John Adams receiving a Jiigher number of votes was 
elected to the Presidency, and Jefferson to the Vice-Presi- 
dency. After being called by virtue of his office to preside 
over the Senate, he compiled a manual which has continued 
a guide to all parliamentary bodies in the United States to 
the present time. 

Party feeling was again excited; the administration of 
John Adams not only strengthened by its unpopularity the 
success of the Republicans, but, as we have seep, precipitated 
its own ruin by destroying its political household, and driving 
to enmity and open opposition many of the most distinguished 
and influential members of the Federal party. Jefferson was 
again in nomination. His party, confident of sue- ^^^ 
cess, had placed another distinguished man likewise 
in the field; the office of Vice-President was also to be filled 
by a Republican. Aaron Burr was voted for along with Jef- 
ferson. It was the undoubted wish of the party that Jeffer- 
son should be President. The difficulty soon to present itself 
had never occurred to the minds of the statesmen or the people 
of that day. Jefferson and Burr received an equal number 
of votes. 

The votes for President and Vice-President were counted 
in the Senate chamber on the 11th of February, in 
the presence of both Houses of Congress. Upon 
the announcement of the result, Jefferson, then Vice-Presi- 
dent, declared Thomas Jefferson and Aaron Burr to have 
received an equal number of votes. 

The responsibility of deciding this unfortunate occurrence 
devolved upon the House of Representatives. Here, subject 
to every opportunity and inducement to corruption, was to be 
effected an election the people had failed to make. Suspicion 
of corruption has been raised, yet doubtless each member of 
that memorable Congress obeyed the incitement of an honest 
heart. The members of the House retired to their own hall, 
where it was ascertained one hundred and four members were 
present, one being dead and another detained from his seat 
by sickness. 

The balloting by the House was by States. On the first 
ballot it was ascertained there were eight States for Jefferson, 



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208 COKSTrrUTIONAL HIBTOBT 

six for Borr, two dividecL The result continued the same 
for thirty-fiye ballots; many members despaired of an elec- 
tion. Jefferson's mind seemed warped and excited by jeal- 
ousy and suspicion.* Bayard was the chief object of his 
spleen on this occasion, whose reputation, howeyer, has been 
fully defended by his two sons. Jefferson asserted that he 
obtained from Livingston and W. C. Nicholas the information 
that Bayard proposed to Smith to come over to the Burrites, 
and that he was authorized to make him an offer of any place 
he desired, mentioning especially the secretaryship of the 
navy. For a defence of Mr. Bayard the reader is referred 
to the ^'National GazeUe'* of the 25th of January, 1831. 
The Federalists, it is true, united upon Burr, but the suspi- 
cion of corruption has never found countenance beyond the 
bosom of Jefferson. No evidence exists of offers from Burr 
to the Federalists, or from the Federal to the Republican 
party. The fact of their uniting upon Burr, who then stood 
as high as Jefferson for integrity, and higher for talent, can 
readinr be attributed to local and personal predilection. Burr, 
from location, was better known than Jefferson ; a larger part 
of the Federal party were geographically identified with him 
in interest, and they supposed him, as he was, more allied to 
them in policy. 

On the thirty-sixth balloty which occurred on the 17th of 
February, several of the friends of Burr withdrew their votes 
by putting in blanks, the result of which was Jefferson ob- 
tained ten StateSj Burr four, — viz. New Hampshire, Massa- 
chusetts, Connecticut, and Rhode Island. There were two 
blanks, — Delaware and South Carolina. Jefferson was there- 
upon elected President, and Burr Vice-President, from the 
4th of March, ISOLf During the protraction of this election 
by the House, much anxious excitement pervaded the country. 
Members of Congress were writing to their friends and con- 
stituents that the Federalists were determined to defeat the 
election of the Republican candidates, that a President was 
to be elected for the Senate, that the Government was to be 
given up to Jay, and niany other assertions, designed no doubt 
to excite party feeling. The result happily relieved the coun- 
try, and removed all suspicion which had rested on the Federal 
party. 

* Vide his Letter to Madison, February 18, 1801 ; ditto to Monroe, Feb- 
ruary 15, 1801. 
f Stat. Man., toL L ; Tucker's Life of Jefferson, toI. ii. c. 8. 



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OF THB UNITBD STATES. 209 

The great contest was over; the principles of Washington, 
the doctrines of the fathers of the Constitution, had been fully 
canvassed before the public; they had been submitted to that 
tribunal which allows no appeal. The people had abandoned 
the Federal party ; they had been induced to magnify their 
faults, and there were faults. Though they had been seduced 
by the cry of too much power in the Federal Government, 
they had embraced the Republican doctrine of Jefferson, and 
they were alarmed by the monarchical features he could de- 
tect in the Constitution he would have to swear to support if 
elected, and he did swear that he would support it when mo- 
destly inducted to office. The measures of the existing Federal 
party must have been the particular cause of objection with 
the Kepublicans, not their principles; for the reader will de- 
tect, after giving his attention to the administration of Jeffer- 
son, that Mmilst its principles were more extensive than the 
Republican doctrine will fairly admit, yet some of its mea- 
sures were more highly Federal than any of the preceding 
Administrations. It will appear that Jefferson clearly thought 
the acquisition of Louisiana beyond the scope of the Consti- 
tution; whilst, with a Constitution that gave too much power 
to the President, he steps beyond the authority with which 
he is invested, commits an act which in his opinion he has no 
authority to do, and throws him upon the country to ratify a 
measure he acknowledges unconstitutional. It is apparent, 
let the parties of the country raise ever so much excitement 
about the abstract Federal doctrines of the first two Adminis- 
trations, that history attests the truth that no man can reach 
the head of our National Government without becoming a con- 
vert, whatever be his previous opinions, to the doctrine of the 
Federal school ; his position, his interest, his duty, his oath, 
make it so. Jefferson saw the character of his position when 
he said, — "We are all Republicans, all Federalists."* 

On the 4th of March Jefferson took the oath of 
office, and delivered his Inaugural in the Senate 
chamber ; it was received with much delight and satisfaction, 

* This remark occurs in his Inaugural Address. It was supposed by the 
Federalists that it was intended as an overture to them, which was objected 
to on that account by some of his own party. I do not suppose Mr. Jeffer- 
son had any such idea. He says in the words immediately preceding, — 
** We have called by different names brethren of the same principle ;^^ and he 
clearly foresaw he must in many respects administer the Govemment upon 
the same principle, whilst he would in no manner identify himself with 
many of the meaeuree of the Federal party. 



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210 OOirSTITUTIONAL HISTO&Y 

making an impression on all who heard it of the liberality of 
its sentiments. In beauty of conception, richness of thought, 
purity of diction, and eloquence, it is surpassed by no paper 
in our language. Such papers are never designed to show 
the doctrines of a party, but simply to exhibit congratulatory 
feelings. Jefferson adyances no doctrines of his own or of 
the Republican party; he recapitulates principles engraven 
upon the minds of all, and elegantly compasses them in the 
following language : — 

^^ Equal and exact justice to all men, of whatever State or 
persuasion, religious or political ; peace, commerce, and honest 
friendship with all nations, entangling alliances with none ; 
the support of the State governments in all their rights, as 
the most competent administrations for our domestic concerns 
and the surest bulwarks against anti-republic tendencies; the 
preservation of the General Government in its whole consti- 
tutional vigor, as the sheet-anchor of our peace at home and 
safety abroad ; a jealous care of the right of election by the 
people, a mild and safe corrective of abuses which are lopped 
by the sword of revolution where peaceable remedies are un- 
provided ; absolute acquiescence in the decisions of the ma- 
jority, the vital principle of republics, from which there is no 
appeal but to force, the vital principle and immediate parent 
of despotism ; a well disciplined mUitia, our best reliance in 
peace and for the first moments of war, till regulars may 
relieve them ; the supremacy of the civil over the military 
authority, economy in the public expenses, that labor may 
be lightly burdened; the honest payment of our debts and 
sacred preservation of the public faith; encouragement of 
agriculture and of commerce as its handmaid ; the diffusion 
of information and the arraignment of all abuses at the bar 
of public reason; freedom of religion; freedom of the press; 
freedom of person under the protection of the hiibeas corpus; 
and trial by juries impartially selected, — these principles 
form the bright constellation which has gone before us, and 
guided our steps through an age of Kevolution and Reforma- 
tion.'' 

These were the bright and gilded theories held out by Jef- 
ferson as a star of guidance for himself and party; true and 
beautiful in morals as in politics; the subsequent history of 
this man is to show how far he acted up to them, how far he 
yielded an honest homage, how far he overleaped them, how 
far their spirit pervaded his political action. 



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OV THI XnOTBD STATES. 211 

President Adams called the Senate together on the 5th of 
March, to allow the new incumbent to organize his 
cabinet. James Madison was made Secretary of 
State; Henry Dearborn, of Massachusetts, Secretary of War; 
Levi* Lincoln, of Massachusetts, Attorney-General ; Samuel 
Dexter, who had filled the office of Secretary of the Treasury 
under Adams, and Benjamin Stoddard, who was Secretary of 
the Navy, were continued in office for a short time. Before 
the meeting of the next Congress, Albert Gallatin, of Penn- 
ffylrania, was appointed to the office of Secretary of the 
Treasu^, and Robert Smith, of Maryland, to the head of the 
Nayy Department. Coincident with the appointment of 
Smith, Gioieon Granger of Connecticut, was appointed Post* 
master-General, in the place of Joseph Habersham, of Georria ; 
the incumbent of this office was not until many years after- 
wards made a member of the cabinet. 

From the tendency of Jefferson's Inaugural Speech, the 
fears that had existed that he would expel the Federalists 
from office had been partly allayed ; yet they were soon taught 
from the policy of the Administration, that they had but lit- 
tle hopes of political toleration. Goodrich, a Federal office- 
holder, was removed from the collectorship of the port of 
New Haven, and a Republican was appointed in his place. It 
became a subject of remonstrance from the citizens of New 
Haven. Jefferson in reply, told them he had been misunder- 
stood in their expectancy that the Federalists should retain 
the offices in the gift of the Government. In his reply, 
he said, — " When it is considered that during the late Ad- 
ministration those who were not of a particular sect of politics 
were excluded from all office ; when by a steady pursuit of 
this measure, nearly the whole offices of the United States 
were monopolized bv that sect; when the public sentiment at 
length declared itself and burst open the aoors of honor and 
coiifidence to those whose opinions they approved, — ^was it 
to be imagined that this monopoly of office was to be con- 
tinued in the hands of the minority? Does it violate their 
eqiMl rights to assert the same rights in the majority also ? £9 
it political intolerance to claim a proportionate share in the 
direction of the public affairs? If a due participation of 
office is a matter of right, how are vacancies to be obtained? 
Those by death are few; by resignation, none. Can any 
other mode than that of removal be proposed? This is a 
painful office, but it is made my duty, and I meet it as such. 



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212 CONSTITUnOKAL HISTORT 

I proceed in the operation with deliberation and inqoirj, that 
it may injure the best men least and effect the purposes of 
justice and public utility with the least private distress; that 
it may be thrown as much as possible on delinquency, on 
oppression, on intolerance, on anti-revolutionary adherence 
to our enemies." 

Jefferson exhibited no prescriptive principle in making his 
appointments. He was not, at all times, tempered with party 
bitterness, but looked upon a reappointment to many of the 
offices as a matter of justice. He could not be blamed, nor 
could the occupancy of offices by members of the dominant 
party be attributable to him. Washington had made the first 
appointments; they were exclusively of the Federal party. 
John Adams, in fillmg the new offices as well as vacancies that 
had occurred, confined himself rigidly to the Federal party. 
When Jefferson was brought into office by the opponents of 
the Federal party, he found an entire monopoly in the hands 
of the enemies oi his administration. No blame then can rest 
upon him in effecting an equilibrium in the benefits of the 
Gfovernment, in rewarding the supporters of his principles. 
The example of exclusive party appointments, had been esta- 
blished in. the administration of Washington ; it had been 
sustained by John Adams. The practice of removal from 
office with the success of parties in the Presidential elections 
has been carried to unjustifiable extremes ; yet to a certain 
extent it must be tolerated, as it was necessarily interwoven 
with party success, and was demanded as a principle of repub- 
lican purity and equality when the first revolution took place 
in the political history of the Grovernment. Jefferson did not 
pursue it with partisan feeling, but, lamenting the duty im- 

t)osed upon him, he acted with mildness and consideration, 
eaving many worthy incumbents of the Federal party in the 
enjoyment of their offices, and removing those who were 
mostly <5orrupt, or inefficient from age or otherwise. 

Compared with latter years, the removals by Jefferson were 
few, and it is historically incorrect, as it is unjust, to attribute 
to him the origin of that abhorrent doctrine which has been 
attempted by prejudiced writers, that " to the victors belong 
the spoils." Jefferson exhibited his moderate feelings by 
bestowing office upon many worthy men who had opposed his 
election, but afterwards became members of his party. 

John Adams, with a view of filling every office with mem- 
bers of the Federal party, had continued making appointments 



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OF THB UNITED STATES. 218 

up to the last hoar of his administration. Jefferson enter- 
tained an erroneous opinion in reference to many of these 
appointments, and refused to allow the delivery of many com- 
missions which had been signed by the late President. Since 
the 14th of February, on which day the balloting commenced 
in the House of Representatives for President, he withheld 
the commissions of certain magistrates appointed for the Dis- 
trict of Columbia. Marbury, one of the magistrates, applied 
to the Supreme Court for a writ of mandamuSj to Madison, 
the new Secretary of State, to deliver his commission. After 
an elaborate investigation of constitutional law, the court 
refused the motion;* which opinion, though strictly correct 
in law, sustained an arbitrary exercise of temper in the Pre- 
sident, which rarely marked his oflEicial conduct. In reference 
to these appointments, Jefferson thus expresses himself, — 
^^Mr. Adams's last appointments, when he knew he was 
naming counselors and aids for me and not for himself, I 
set aside, as far as depends on me. Officers who have been 
ffuilty of gross abuses of office, such as marshals packing . 

juries, &c., I shall now remove, as mj predecessor ought in 

{ustice to have done. The instances will be few, and governed \ 

>y strict rule and not party passion. The right of opinion 
shall suffer no invasion from me. Those who have acted well, 
have nothing to fear, however they may have differed from 
me in opinion."t 

It vfill be seen by reference to the letter last quoted, and 
those referred to in the note, that Jefferson exercised a mild 
and judicious course in making his appointments. So far from 
being obnoxious to prescriptive doctrines which many have 
endeavored to trace directlv to his policy, the Federal party 
of that day were in many instances inclined to feel that the 
President was using his influence to win them over to his 
support. 

The Seventh Congress assembled. The influence of the 
Presidential election and the odium of the late Ad- 
ministration, had been the means of placing the ^jj' 
existing Administration in a handsome and imposing 
majority. The Senate stood, eighteen for the Administration; 
Federalists, fourteen. The House, sixty-nine for the Admin- 



* Stat. Man., vol. i. p. 222; Hild., toI. ii. p. 249; Sullivan, 
f Jefferson's Cor. Letters to George Gerry, March 29, 1801. See Letters 
to W. B. Giles, Maroh 28, 1801 ; Monroe, March 7, 1801.. 



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214 CONSTITUTIONAL HISTOBT 

istration ; Federalists, thirty-six. As supporters of the Ad- 
ministration, there were in the Senate men of talent and 
influence as of the former Congress, — ^W, C. Nicholas and 
Baldwin ; of the new members, Armstrong, of New York, the 
author of the Newbury Letters; (he resigned his seat before 
the end of the session and was succeeded by De Witt Clin- 
ton;) Dr. Logan, of Pennsylvania; Sumter, of South Carolina; 
Jackson, of Georgia, who nad been a distinguished member of 
the First and Third Congress and late Governor of his State; 
and Breckenridge, of Kentucky, As supporters of the Fe- 
deral party, were Chipman, of Vermont; Foster and Mason, 
of Massachusetts; Tracy and Hillhouse, of Connecticut; 
Foster, of Rhode Island ; Morris, of New York ; Dayton, of 
New Jersey ; Boss, of Pennsylvania ; and Willes, of Dela- 
ware, Of the new members, only three were Federalists, — 
White, of Delaware, Sheape and Olcott, of New Hampshire. 
On the side of the Administration there were in the House, 
as distinguished and able men of the old members, — ^Vamum, 
of Massachusetts; Gregg, Smilie, and Lieb, of Pennsylvania; 
Smith and Nicholson, of Maryland; Macon, of North Caro- 
lina; Giles Rafter an absence of two years,) and John Ran- 
dolph, of Virginia. Among the new members of the same 
partv, were Dr. Eustace, of Boston, and Dr. S. L. Mitchell, 
of New York; the latter was an eminent chemist, well suited 
for the laboratory, but had no qualifications for statesmanship. 
On the side of the Federalists, of the old and distinguished 
members, were Griswold, Dana, Davenport, and John Cotton 
Smith, of Connecticut; Bayard, of Delaware; John Stanley, 
of North Carolina ; Rutledge and Thomas Lowndes, of South 
Carolina. There were few new members of the Federal party, 
and not one distinguished^ Some of the ablest supporters of 
the late Administration had either retired to private pur- 
suits or received oflSce from another source. Thacker, of 
Massachusetts, who had been in Congress during the adminis- 
trations of Washington and John Adams, had been promoted 
to the bench of the Supreme Court of hb State ; Hartley, 
of Pennsylvania, was dead; Muhlenburg had received the 
oflBce of Supervisor for Pennsylvania; Nicholas had removed 
from Virginia to New York ; Harper, the leader of the Federal 
party, had moved from South Carolina to Maryland.* The 
Federal party had become weak in numbers as in talent; 

• ♦ Hild. ToL iL p. 486. 



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OF THB UNITED STATES. 215 

the Republicans were in a decided majority, and far superior 
in talent and influence. Nathaniel Macon, a distinguished 
friend of Jefferson, and among the wisest of his supporters, 
was elected Speaker over Bayard, by fifty-three to forty-six 
votes ; Benley, an old Republican, who had formerly been 
clerk, but ousted by the Federalists, was re-elected by a like 
vote. 

Jefferson, immediately upon the organization of the House, 
sent in his first Annual Message. It had been the 
custom of former Administrations established at ^j*» 
Washington for the President to deliver in person 
his Address to Congress. Jefferson first adopted the plan of 
transmitting a written communication. This communication 
was expected with much anxiety. It was the first from the 
new party, and all felt the utmost interest in its develop- 
ments, and as the official standard of the Republicans m 
which the policy of the Administration would be made known 
and published to the world. Economy in the administration 
of public affairs was the prevailing spirit of this Message, 
by curtailing the diplomatic establishment, and the armv and 
navy. It does not dispute the soundness of the doctrine of 
appropriations for the fortifications of harbors, but inculcates 
a retrenchment of expenditures. " In our case, too, of the 
public contributions intrusted to our direction," the President 
says, " it would be prudent to multiply barriers against their 
dissipation by appropriating specific sums to every specific 
purpose susceptible of definition ; by disallowing all applica- 
tions of money varying from the appropriation in object, or 
transcending it in amount ; by reducing the undefined field 
of contingencies and thereby circumscribing discretionary 
powers over money; and by bringing back to a smgle depart- 
ment all accountabilities for money where the examination 
may be prompt, efficacious, and uniform." 

A repeal of all internal taxes the President thought advis- 
able. "Agriculture, manufactures, commerce, and naviga- 
tion," says this paper, " the four pillars of our prosperity, are 
the most thriving when left most free to individual enterprise. 
Protection from casual embarrassments, however, may some- 
times be earnestly interposed." But that it must be within 
the constitutional power to receive aid from the Executive, 
is clearly indicated. 

The attention of Congress is called to the Judiciary system 



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216 CONSTITVTIONAL HISTOBT 

of the United States, especially that portioii of it recently 
created. The law establishing the Circuit Courts of the 
United States, to be holden by justices not of the Supreme 
and District Courts, which had passed in the evening of the 
last Administration, Jefferson thought ought to be repealed. 
The opinion prevailed at the time and afterwards, that the 
President was not in favor of the independence of the Judi- 
ciary Department,* Whilst the Federalists attributed this 
sentiment to Jefferson, yet nothing appeared in his conduct 
to substantiate the belief. It was said that he contended 
they should be of the same political views with the majority ; 
true, and no one has ever been appointed to the Federal 
bench that did not belong to the party then in power. 

A heavy and responsible duty rested on this Congress; 
work was to be done. With the aid of the President, who 
was pledged to place the '^Ship of State on its Republican 
track," and produce economy and purity in the Government, 
the majority of the Seventh Congress ardently and faithfully 
addressed themselves to the task. John Randolph, the per- 
sonal and warm political friend of the President, was placed 
at the head of the Committee of Ways and Means, who, at 
this time, and during the first administration of Jefferson, 

Eerformed perhaps more labor than any other American par- 
amentarian ever did. Gifted with great fluency, ready re- 
tort, and withering wit, with no method, and without logical 
order, he was formidable in debate, though destitute of the 
highest qualifications of a first-rate debater. No one excelled 
him in ardent love of country, or had a higher and more 
liberal sense of honor and duty. The boldness and readiness 
he evinced, with a practical disposition and talent, blended 
with the most brilliant genius and sparkling oratory, made 
him a leader for the Administration, and threw him often in 
conflict with Griswold and Bayard, leaders on the part of the 
Federalists. The labor belonging to the committee of which 
Randolph was chairman may be appreciated from a reference 
to the following resolution that called it into being: — 

'^ Hesolvedj That a Standing Committee of Ways and Means 
be appointed, whose duty it shall be to take into consideration 
all such reports of the Treasury Department, and all such 
propositions relative to the revenue as may be referred to 
them by the House ; to inquire into the state of the public 

♦ Bradford, p. 122 



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or THB UNITSD 8TATI8. 217 

debt, of the revenue, and of the expenditures ; and to report 
from time to time their opinion thereon."'*' 

Gallatin, the Secretary of the Treasury, reported that the 
accounts of his predecessor were correct m that department; 
also of the State, War, and Navy departments, no delinquen- 
cies having occurred. 

The mind of the Administration was immediately and 
ardently directed to the adjustment of the finances, and 
arrangements for the redemption of the debts of the Gt)vem- 
ment. The Secretary of the Treasury submitted to Congress 
an able and full report of the history and condition of the 
finances. The permanent revenues of th^ United States, 
according to the laws then in force, consisted of duties on 
merchandise and tonnage, internal duties on stills and do- 
mestic distilled spirits, refined sugar, licenses to retailers, 
sales at auction and pleasure carriages, proceeds of the sales 
of public lands, duties on postage, dividends on shares in the 
Bank of the United States, and incidental items arising from 
fines, fees, penalties, repayments in the treasury, and sales of 
public property other than lands. The report estimated — 

Duties on merchandise and tonnage $9,600,000 

Internal duties, (stamps excepted) 650,000 

Proceeds of sales of pubHc lands.. 400,000 

Duties on postage 60,000 

With the Other estimates made by the Secretary, embracing 

the temporary resources of the Government, — 

The roTenue amounted to $10,600,000 

The amount of expenditure necessary to defray the 
authorised expenses of the GoTemment was esti- 
mated at 8,500,000 

Leaving the sum of. $7,100,000 

. This amount was applicable to the payment of interest and 
redemption of the principal of the debt of the United States. 
By printed statements of receipts and expenditures trans- 
mitted to Congress for the year 1800, it appeared that the 
unredeemed principal of the public debt (exclusively of the 
sums passed to the credit of the Commissioners of the Sink- 
ing Fund, which are only a nominal debt, due by the United 
States to themselves)! amounted, on the 1st of January, 1801, 
to $80,161,207 60. By the statement P., appended to Gal- 
latin's report of 1801, it appeared that the unredeemed prin- 

* Journal of SeTenth Congress, f R^po^ ^^ Seoretary of Treafurj, 1801. 
Vol. L— 16 



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218 OOHSnTUnONAL histo&y 

cipal of the debt would be $77,881,890 29.* The Secretary 
enters into a full and lucid calculation, exhibiting the manner 
of the reduction of the public debt, which will be understood 
in detail by reference to statement S., which he appended to 
the same paper alluded to. It exhibits the effect produced 
at the end of the year 1807, by the annual application of 
$7,300,000 to the payment of both principal and interest. 
At the end of those eight years, says the Secretary, — " It 
shall have paid the whole of the Dutch debt, of the tempo- 
rary loans due to the bank, of the navy six per cent., and of 
the five and a half per cent, stock, $5,525,300 38 of the 
eight per cent, stock, $150,387 26 of the four and a half 
per cent, stock, and $11,399,263 06 of the principal of the 
six per cent, and deferred. stocks, — amounting altogether to 
thirty-two millions two hundred and eighty-nine thousand 
one hundred and fifty dollars and seventy cents. The public 
debt woul4, therefore, on the 1st of January, 1810, be reduced 
to $45,592,739 59."t 

The reader will readily see my purpose in drawing his at- 
tention to this report of Gallatin, and 'going into statements 
beyond the period now before us. From it he will learn the 
financial character of the plans embraced by Jefferson, and 
on which his party in Congress at the very threshold of his 
Administration proposed acting in reference to the finances 
of the Government. 

At an early period of the session of this Congress, in con- 
formity with the views of the President, as expressed in his 
Message, Randolph introduced a resolution, — " That a com- 
mittee be appointed to inquire whether atiy, and wnat altera- 
tions can be made in the Judiciary Department of the United 
States, and to provide for securing the impartial selection of 
juries in the courts of the United States.^' This resolution 
was referred to a select committee, of wliich Randolph was 
chairman. On the 4th of February, he reported a bill to 
repeal the laws of the last session in respect to the Judiciary, 
which, as the reader is informed, alluded to the law establish- 
ing Circuit Courts, the judges of which had been appointed 
in the expiring moments of the previous Administration. This 

1802. question elicited considerable discussion. On the 
8d of March the law passed, by a large minority, 



♦ Report of Secretary of Treasury, 1801. 
f Reports on the Finanoes, toL i. p. 226. 



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OF THE UNITBD STATBS. 219 

repeiJtng the late act, and deprivingthe inonmbents appointed 
by Adams of the oflBce.* In the House of Representatives, 
the great champions in debate on this bill were William B. 
Giles, of Virginia, who boldly and ably advocated the repeal; 
and James A. Bayard, the leader, and most accomplished de- 
bater of the Federal party. In the Senate, G. Morris sus- 
tained with great zeal the law of the last Bession creating the 
courts; yet he was successfully and ably met by S. T. Mason, 
who warmly advocated the destruction of those supernumerary 
courts. John Randolph, that bright yet erratic star, lent the 
full lustre of his genius to break up this last refuge of the 
broken-down party hacks of the late Administration. 

It was contended by the advocates of the law creating 
these courts, that the increasing trade and commerce and 
population of the country would likewise increase the judicial 
business, and that public necessity required them. It was 
also contended that it would be unconstitutional to deprive 
the incumbents of their oflSce, which was to be held during 
good behavior; and that it was equally, if not a greater vio- 
lation of the Constitution, for the legislative branch of the 
Government to encroach upon the independence of the Judi- 
ciary. In reference to the first argument, experience has 
shown that the extensive addition to the Judiciary was not 
needed. The second and strongest defence was unsound. It 
did not violate the Constitution by making the Judiciary sub- 
missive to the legislative branch of the Government. The 
offices were abolished because they were useless. The Fede- 
ralists charged that the object in repealing the law was to get 
rid of the incumbents. The Republicans exhibited no such 
purpose. In the language of Randolph, the chairman of the 
committee, by whom the law for the abolition of the courts 
was reported, it was admitted that such purpose would be 
against the spirit of the Constitution, "I am free to declare," 
said Randolph, "that if the extent of this bill is to get rid 
of the judges, it is a perversion of your power to a bad pur- 
pose; it is an unconstitutional act. If, on the contrary, it 
aims not at displacing one set of men from whom you differ 
in political opinion, with a view to introduce others, but for 
the general good, by abolishing useless offices, it is a constitu- 
tional act. But we are told that this is to declare the Judi- 
ciary, which the Constitution has attempted to fortify against 

* Sixteen judges were depriTed of offiee by the repeal 



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^0 OOKSTITUTIONAL HISTOBT 

the Other branches of Govemment, dependent on the will of 
the Legislature, whose discretion alone is to limit their en- 
croachments. Whilst I contend that the L^islature possesses 
this discretion, I am sensible of the delicacy with which it is 
to be nsed. It is like the power of impeachment or the de- 
claring of war, to be used under a high responsibility." 

It is obvious that the Republican party was actuated by the 
purest motives; nor can it be doubted that Congress possessed 
the constitutional power to abate a useless office. Dmins . 
this session of Congress the representation was apportioned 
according to the census of 1800, the ratio being continued at 
one representative for every 33,000 inhabitants. The Military 
Academy at West Point was likewise established; objections 
were raised to its establishment, but universal approbation 
now sustains it as among the first scientific, literary, and 
military schools in the world; whilst the high renown and 
brilliant service of the officers it has afforded our army, show 
its practical utility, and it is now considered by general con- 
sent indispensable to the safety of our country. 

The attention of Congress during the remainder 

of this session was chiefly occupied with the passage 

of certain laws for the protection of American commerce, and 

our seamen against Tripolitan cruisers, by whom some of our 

vessels had been captured. 

The acts discontinuiAg the several acts for internal taxes 
on stills, distilled spirits, refined sugars, carriages, stamped 
paper, licenses to retailers, and sales at auction, were passed 
at this time. 

A law was passed for the redemption of the public debt, 
appropriating annually seven millions three hundred thousand 
dollars to the sinking fund. 

At this time, and a few days before the close of 

' the session, the President communicated to Con- 

Sess the treaty between the United States and the State of 
eoreia, embracing that portion of territory lying between 
the Mississippi imd Chattahoochee, which had been made be- 
tween the commissioners of that State and the United States, 
the latter consisting of the Secretary of State, the Secretary 
of the Treasury, and the Attorney-General. Georgia ceded 
to the United States all her claim to the territory west of h^ 
present boundary, which extended to the Mississippi River, em- 
bracing nearly four degrees of latitude, and now constitutes 
the States of Alabama and IdSssissippi, placing in the hands of 



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OF THB UNITIB &TATBB. 221 

the General Govenimeiit about one hundred thousand square 
miles. "*" This act of the General Government cannot be con- 
ridered in the light of the acquisition of territory, or even an 
extension of the territory of the United States ; yet it was 
the first effort the United States Government had made to- 
wards the acquisition of territory for its sole governance^ 
since the cession of Kentucky and the Northwest Territory. 
The transfer of this territory, as in all other instances, has 
operated to the great advantage of the territory transferred, 
as well as to the grandeur of the Union. This territory was 
received on the terms and conditions of the ordinance of 
1787, except the prohibition of slavery.f 

A new and important step was taken at this session Man ao» 
of Congress, which, as the result of a political prin- 
ciple established in the Constitution, was for the first time to 
be brought into practical operation. The first fruits of the 
expansive principle of the Government of the Union was now 
to be realized, and every succeeding effort to enlarge the area 
over which our Republican Constitution spreads its benign 
influence has demonstrated the true philosophy and philan- 
thropy of this principle in the Government of the United 
States. The territory northwest of the Ohio Biver, by the 
late census, contained a population sufficient to entitle it to 
admission into the Union as one of the United States. An 
act was accordingly passed in obedience to the Constitution, 
authorizing the people of the eastern division of the territory 
northwest of the Ohio River to form a constitution and or- 
ganize a State government, which was done in convention^ 
begun and held at Chillicothe on the 1st of November, 1802. 

The eastern division of the Northwestern Territory, which 
constituted the State of Ohio, contained about 40,000 square 
miles, lying in a compact form nearly in the shape of a square, 
with a geographical position and fertility of soil, that accounts 
for the rapid development of its resources and unparalleled 
increase of population. Its commercial intercourse with the 
States is eminently favored by its access to the Ohio River, 
which forms its south and southeast boundary, and Lake 
Erie, which forms more than one half of its northern boun- 
dary. The remainder of the territory was to be annexed to 
Indiana. 



* Hild. Hist, of the U. 8., toL ii. p. 447. 
t Joarnftl of Congress, seesioiis 1801-2. 



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222 OOVSTirUTIOVAL HI8T0BT 

In consideration of an act passed by th^ State, exempting 
from taxation for four years all lands newly purchased of the 
General Government, Congress proposed m rcrtum to grant 
one township in each section of land for the support of schools, 
which amounted to one thirty-sixth part of tne lands in the 
State, besides five per cent, of the proceeds of all lands 
sold to be laid out for the construction of roads; three per 
cent, of it, by a subsequent act, to be expended within the 
State, and two per cent, upon roads leading to the State from 
the eastward. 

The progressive population of the State of Ohio is an un- 
matched phenomenon in the history of colonization. In 17^8, 
the area it now embraces was a wild waste, and untrod wilder- 
ness; its immeasurable forest echoed only to howling beasts, 
whilst Ohio's giant tide rolled onward to the ocean, its rest- 
less surface scarce ploughed by the light canoe of the savage 
Indian. In 1790, onlylOOO civilized inhabitants were found 
within its boundaries ; in 1800, the population had increased 
to 42,156; in 1810, it was 227,813; in 1820, it contained 
275,965; in 1830, it had swollen to 479,713; in 1840, it 
numbered upon its generous soil 775,360 inhabitants. The 
banks of its majestic river, but a few years back lonely and 
desolate, save the noble forest that waved in melancholy gran- 
deur over its swelling tide, is now studded with thriving towns 
and cities, and its mighty waters are daily bearing its com- 
merce and its wealth to the remotest inhabitants of the earth. 
In 1850, according to the report of the last census, it pre- 
sented a population of 1,980,408. 

The progress of the State of Ohio presents a beautiful 
picture of the enterprise, intelligence, and success of the 
American citizen, (as would be the case with mankind,^ left 
free to shape his destiny and struggle for fortune and fame, 
even against the pinchings of poverty, under the administra- 
tion of laws spurning a systematic favoritism like that of the 
Old World, — mstead of extending, as does our own Govern- 
ment, the power and influence that belongs to it, to nurture, 
cherish, and protect every interest, and uphold the rights of 
every being, leaving the industrious, the virtuous, and the 
talented, to win for themselves such distinction and privilege 
as they alone can achieve and maintain. 

At this session an effort was made to discontinue the coinage 
of metals and abolish the mint, because its maintenance was 
considered too expensive. A bill for that purpose passed the 
House of Representatives, but was defeated in the Senate. 



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OF THB TTHITBI) BTATBS. 22S 

A proposition was made before the close of this session, 
which had nearlj expired, to abolish the Navy Department 
and place its concerns under the Secretary of War, but it 
signally failed. This effort was probably suggested with a 
view to meet the approbation of the President, wnose opinions 
were several times variant upon the subject of the navy, 
though during the first administration of the Government, 
Jefferson had been a warm advocate of the navy. 

Jefferson, in answer to a letter from John Adams making 
certain inquiries in reference to the navy, and in which Adams 
gives his own name as authority, that Washington was adverse 
to a navy, the proof of which he had from his own lips in 
many different conversations, wrote, — "Your recollections on 
that subject are certainly corroborated by his known anxieties 
for a close connection with Great Britain, to which he might 
apprehend danger from collisions between their vessels and 
ours. Randolph was then Attorney-General, but his opinion 
on the question I also entirely forget." Jefferson had advo- 
cated the building of vessels to be sent to the Mediterranean, 
which had been done. "I thought," he says afterwards, 
"that the public safety might require some additional vessels 
of strengtn, to be prepared and in readiness for the first mo- 
ment of war, provided they could be preserved against the 
decay which is unavoidable if kept in the water, and clear of 
the expense of oflScers and men. With this view I proposed 
they should be built in dry docks, above the level of the tide- 
waters, and covered with roofs. I further advised that places 
for these docks should be selected where there was a command 
of water on a high level, as that of the Tiber at Washington, 
by which the vessels might be floated out on the principle of 
a lock. But the majority of the Legislature was against any 
addition to the navy, and the minority, although for it in 
judgment, voted against it on a principle of opposition. * * "^ 
Tet a navy is a very expensive engine. It is admitted that 
in ten or twelve years a vessel goes to entire decay, or if kept 
in repair, costs as much as would build a new one ; and that a 
nation who could count on twelve or fifteen years of peace, 
would ^in by burning its navy and building a new one in 
time. Its extent, therefore, must be governed by circum- 
stances."* 

This, it appears, is the last written evidence of Jefferson's 

* Jefferson's Correspondence, yoL It. p. 866. 



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824 OOKSTITUTIONAL HISTOET 

opinion on this subject. His mind certainly changed more 
than once on this question, sometimes clearly seeing its value 
and being its ardent advocate, at others aliurmed at the bur- 
densome expense and its exposing the country to collisions 
with other naval powers, it appears that Jefferson's mind 
became more convinced of the absolute necessity of the navy 
after the brilliant results of the last war with England. "*" 

^^^ The second session of the same Congress assem- 

bled on the 6th of December; much existed and 
was communicated to Congri&ss, not only to attract its atten* 
tion, but to excite the minds of the people. The navigation 
of the Mississippi and the cession of Louisiana to France, 
were the chief questions that pressed upon the present ni^ 
tional councils with the deepest interest and anxiety. 

^^^^ In October, during the recess of Congress, Don 

Morales, Intendant of Louisiana, had issued a pro- 
clamation excluding that port as a depot for our commerce, in 
palpable violation of the treaty of 1795 between this country 
and Spain ; especially as the Intendant had failed to desig- 
nate any other place, as was required, f 

Griswold offered a resolution, calling on the Pre- 

iS&.^ sident for information and such official documents 
as had been received in reference to the cession 
of Louisiana to France, with a report stipulating the cir- 
cumstances under which that Province was to be delivered 
up. On the motion of John Randolph, it was referred to a 
committee, and was taken into consideration with closed doors. 
Afterwards, upon the motion of Randolph, it was referred to 
a Committee of the Whole on the State of the Union, which 
was not done however, until after considerable discussion. 

Randolph was urgent to have the doors closed. Griswold 
and his friends contended that it was a resolution for informa- 
tion, and ought to be discussed with open doors ; Randolph still 
insisted that he had remarks to make which must be done 
with closed doors. ^^ The gentleman from Connecticut is 
willing the resolution should be fully discussed, and therefore 
concludes it should not be referred to a select committee, as 
he is pleased to term it, where alone, as we contend, and 
have informed him, the discussion can take place. Sir, this 
may be logic, but it is new to me. A Message from the Pre- 

* Tuoker'f Life of Jefferson, toL iL p. 448. 
t Hild. Hist, ToL ii. p. 470. 



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or THS UNITSD STATBSw 225 

sidecit^ rdbtive to New Orleans, has been referred to a certain 
eommittee, and we propose to refer the resolution to the same 
committee. Gentlemen exclaim this is denying them infor- 
mation ; does it follow of necessity that we deny the informa- 
tion, because we choose to ocmsider the subject with closed 
doors?" 

flandolph's motion was carried; when the doors were 
closed he offered the following resolution, — ** That this House 
receiye with great sensibility the information of a disposition 
in certain officers of the Spanish Government at New Orleans 
to obstruct the navigation of the river Mississippi, as secured 
to the United States by the most solemn stipulations. That, 
adhering to the humane and wise policy which ought ever to 
characterize a free people and by which the United States 
have always professed to be governed ; willing, at the same 
time, to ascribe this breach of compact to the unauthorized 
^ misconduct of certain individuals rather than to a wan4 of 
good faith on the part of his Catholic Majesty; and relying 
with perfect confiaence on the vigilance and wisdom of the 
Executive, they will wait the issue of such measures as that 
department of the Government shall have pursued for assert- 
ing the rights and vindicating the injuries of the United 
States ; holding it to be their duty, at the same time, to express 
their unalterable determination to maintain the boundaries 
and the rights of navigation and commerce through the river 
Mississippi, as established by existing treaties." 

The excitement and interest manifested at the isos. 
interruption of commerce on the Mississippi had 
spread among the Western people, and led to a most em- 
phatic remonstrance from the Governor and legislature of 
Kentucky. 

At a later period in the session, the excitement had reached 
to such violence in the Western country, that its influence again 
attracted the notice of Congress. 

Ross introduced into the Senate resolutions authorizing the 
President to occupy New Orleans by an armed force; pro- 
posing the appropriation of five millions of dollars and the 
calling out of fifty thousand militia. Instead of these reso- 
lutions a substitute was adopted, from which sprung an act 
of Congress intrusting the whole matter to tne President, 
with authority to direct the Governors of the States, if he 
saw occasion, to hold in readiness eighty thousand volun- 



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226 CONSTITUTIONAL HISTORY 

teers.* The Spanish diflSculties were not settled until 1818. 
The most important and interesting feature in the political 
consideration of these times, — ^important for the interest of 
America, important in the politics of Europe, as well as the 
results which have followed, — was the treaty by which this 
Government acquired Louisiana. 

The President seemed to think that it was the object of 
the Federal party to force the country into war with Spain, 
thinking it would result in derangement of the finances, which 
might make their measures for a time popular, as are the 
nauseating articles of the drug-shop popular in cases of bodily 
derangement ; or, if that could not be done, " to attach the 
Western country to them as their best friends, and thus get 
again into power." 

Jefferson's policy was pacific, and later times prove the 
wisdom that guided him ; to effect which purpose he appointed 

^ James Monroe Minister Plenipotentiary to France, 

mi}^* to act with Livingston, resident Minister at Paris, 
in the purchase of New Orleans and the Floridas.f 
The nomination was confirmed, and, at the request of the Pre- 
sident, two millions of dollars were appropriated to the mission. 
The instructions to our Ministers did not embrace Louisiana, 
but only asked for the cession of New Orleans and the Flo- 
ridas ; and that the course of the Mississippi should be divided 
by a line that would place New Orleans in the territory of the 
United States, securing to this country the free navigation of 
the Mississippi. 

Jefferson, who had received information of the cession of 
Louisiana to France, wrote to Livingston, giving his views in 
reference to the feelings of the people. It worked sorely 
upon the United States. He said to him, if France considered 
Louisiana indispensable for her views, she might, perhaps, be 
willing to look about for arrangements which might reconcile 
it to our interest. If anything could do this it would be 
ceding to us the island of New Orleans and the Floridas.J 

Livingston entertained the opinion, in common with others 
at the time, especially Ross, of Pennsylvania, and Morris, of 
New York, that we would never be able to acquire New Orleans 
by treaty, and that it ought to be taken by force. The his- 
tory of the question shows that Livingston was in great con- 

» HHd. Hist., vol. ii..p. 470. f Stat, Man., voL i. p. 288. 

X Jefferson's Correspondence, vol. iii. p. 498. 



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07 THB UHITBD STATES. 22T 

fusion and ignorance, and indifferently qualified to carry on 
a negotiation with the artful and subtle French. 

Napoleon was at the time first Consul ; peace had rested 
momentarily over the troubled spirit of Europe, but only for 
a moment; another flame of war was just about bursting 
forth, in which France and England were to constitute the 
chief elements. Napoleon was willing to treat for Louisiana 
at the very time that Liyingston thought New Orleans was to 
be taken bv force. 

M. Bach^ Marbois enjoyed to a high degree the confi- 
dence of Napoleon, and was intrusted with the negotiation 
on the part of the first Consul. The Marquis de Marbois 
had ample opportunities to understand the question in all its 
bearings, having resided near Philadelphia during the pro* 
gress of our Revolution. The following extract, taken from 
his history of Louisiana, will throw considerable light upon 
the views of Napoleon. Speaking of this treaty, — "Irresolu- 
tion and deliberation,'* said Napoleon, "are no longer in 
season. I renounce Louisiana ; it is not only New Orleans 
that I will cede, it is the whole Colony, without any reser- 
vation. I know the price of what I abandon, and I have 
sufBciently proved the importance that I attach to this Pro- 
vince, since my first diplomatic act with Spain had for its 
object the recovery of it. I renounce it with the greatest 
regret. To attempt to retain it would be folly. I direct you 
to negotiate this affair with the Envoys of the United States. 
Do not even wait for the arrival of Mr. Monroe ; have an in- 
terview this very day with Mr. Livingston. But I require a 
great deal of money for this war, and I would not like to 
commence with new contributions. If I should regulate my 
terms according to the value of these vast regions to the 
United States, the indemnity would have no limits. I will 
be moderate in consideration of the necessity in which I am 
making a sale ; but keep this to yourself. I want fifty mil- 
lions [francs,] and for less than that sum I will not treat; I 
would rather make a desperate attempt to keep those fine 
countries; to-morrow you shall have full powers; Mr. Mon- 
roe is on the point of arriving. To this Minister the Presi- 
dent must have given secret instructions more extensive than 
the ostensible authorization of Congress for the stipulation 
of the payments to be made. Neither this Minister nor his 
colleague is prepared for a decision, which goes infinitely 
beyond anything that they are about to ask of us. Begin by 



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228 ooHsnTunoiTAL hisiost 

making them the oyertnre without any subterfuge. Tou will 
acquaint me day by day, and hour by hour, of your progress. 
The cabinet of London is informed of the measures adopted 
at Washington, but it can have no suspicion of those that I am 
now taking. Observe the greatest secresy, and recommend 
it to the American Ministers; they have not a less interest 
than yourself in conforming to this counsel. You will cor- 
respond with M. de Talleyrand, who alone knows my inten- 
tions. If I attended to his advice, France would confine her 
ambition to the left bank of the Rhine, and would make war 
to protect any dismemberment of her possessions. But he 
also admits that the cession of Louisiana is not a dismember- 
ment of France; keep him informed of the progress of this 
affair."* 

The interview between Marbois and Livingston in reference 
to the negotiation commenced on the same day. It presents 
a singular feature that Jefferson should express such anxiety 
and fear, and Napoleon the utmost desire to part with it; 
whilst our Minister, Livingston, thought it could only be 
taken by force. Livingston, who had resided about two years 
at Paris, had failed in a great measure to secure the friend- 
ship and strict confidence of the Government. His powers 
were not extensive enough to enable him to treat for Lou- 
isiana, his mission being intended originally to obtain indem- 
nities claimed by citizens of the United States for prises 
made by the French. 

The responses made to the American Minister had been 
vague and uncertain, which, indeed, made him distrustful that 
any negotiation was intended. When the proposition for the 
cession of the entire territory was made by Marbois, it was 
received with very little confidence. The negotiation was 
conducted under the immediate eye of the first Consul, and 
though Marbois was instructed to demand and not receive 
less than fifty millions of francs, vet the sum demanded was 
so vague that it appeared impossible to learn the determina- 
tion of the negotiation. Livingston refused to go beyond 
thirty millions of francs. 

Whilst these preliminary questions were pending 

^^ ^ Monroe arrived at Paris. Livingston remarked to 

him that he wished "the resolution offered by Mr. 

Boss in Uie Senate had been adopted; only force can give us 

* liftrboU's History of LooiiimiiA. 



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or THB ITNITSB 8TATB8. 229 

New Orleans." Monroe, more of a diplomatist than Liying- 
ston — indeed, surpassed by none— sought a conference the 
next day with Marbois. The powers of Monroe and Living- 
ston were blended and common to each. The American and 
French Ministers were equally interested and anxious to 
bring the negotiation to a successful termination. Marbois, 
who had for upwards of thirty-five years been engaged in 
various highly important political business, was personally 
acquainted with Monroe, and conversant with American 
afifairs. Diplomacy seemed forgotten in the breast of Mar- 
bois, who frankly opened to the American Ministers his pro- 
position, which; instead of being confined to New Orleans 
and a small territory, embraced a large and valuable country; 
they only wanted the right to navigate the Mississippi; they 
were offered the sovereignty of the largest river on the con- 
tinent. Deliberation was rapid, though mixed with some 
astonishment. Monroe's presence seemed to throw a charm 
over the negotiation. The Ministers from America had au- 
thority only to treat for an arrangement respecting the use 
of the left bank of the Mississippi, embracing New Orleans. 
The mission had three objects, — i-first the cession, secondly 
the price, and finally the indemnity due on account of cap- 
tures by the French of American vessels and goods. The 
American Ministers determined to treat as was proposed by 
the French Ministers; yet the question was not free from 
embarrassment, as they were about to go beyond the con- 
. templated range of the mission. They saw the exigency 
that rested on France, and that quickness was essential. It 
was impossible to communicate with the home Government ; 
France was on the very brink of war with England, and be- 
fore the American Ministers could have had their powers 
amplified, it might have been too late. 

The responsibility was assumed of treating for the purchase 
of the entire Colony, and the terms were easily adjusted.* 
It was desirable to obtain the assent of Spain, a right of pre- 
ference beine reserved by that power by the treaty of 1800 ; 
delay might defeat the negotiation, consequently the Spanish 
Court knew nothing of what was going on until the treaty 
was concluded and sent over. Spain complained and obsti- 
nately refused to give approbation to the treaty, until on the 
10th of February, 1804, Don Pedro Cavallos addressed a 

* Bfarboif'8 Hiatory of Louiskuia. 



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280 OOKSTITUnONAL HISTORT 

letter to Mr. Pinckney, United States Minister, that " his 
Catholic Majesty had thought fit to renounce his opposition 
to the alienation of Louisiana, made by France, notwith- 
standing the solid reasons on which it is founded ; thereby 
fiving a new proof of his benevolence and friendship to the 
Fnited States/'* 
M. de Marbois insisted on eighty millions of francs, which 
were given, on condition that twenty millions of this sum should 
be assigned to the payment of what was due by France to the 
citizens of the United States, which, being agreed 
^^ ^ to, the treaty was immediately ready for ratification 

on the part of the American Congress. 
The terms of tne treaty were short and simple. For the 
payment of sixty millions of francs, it was agreed that the 
Government of the United States was to create a stock of 
eleven millions two hundred and fifty thousand dollars, bear- 
ing six per cent, interest per annum, payable half yearly in 
London, Amsterdam, or Paris ; the principal of said stock to 
be reimbursed at the Treasury of the United States, in annual 
payments of not less than three millions of dollars each, of 
which the first payment was to commence fifteen years after 
the date of the exchange of ratifications. The stock to be 
transferred to the Government of France or their agents, in 
three months after the exchanffe of the ratification of the 
treaty, and after Louisiana should be taken possession of by 
the United States. 

1803 ^^® treaty was received in the United States with* 
^' * a great degree of satisfaction on the part of a large 
portion of the people; yet it met with a bold and decided op- 
position from the Federal party. 

17 Jefferson convened Congress at an earlier day than 
the commencement of the regular session, to take 
those ulterior measures which were necessary for the imme- 
diate occupation and temporary government of the newly- 
acquired territory. The treaty was immediately laid before 
October 20 *^® Scuate, aud after two days' debate its ratifica- 
tion was advised by that body by a vote of 24 to T.f 
Dayton was the only Federal Senator who voted for it. The 
question was not yet divested of diflSculty and vexation. It 
was to come before the other branch of the Legislature, not 

* Marboia's History of Louisiana. 

t Hild. Hift., YoL ii. p. 487 ; Stat. Man., toL i. p. 28a 



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OF THB UNITED STATES. 231 

for ratification, but to make the necessary provisions to carry 
the treaty into effect. The ratified conventions were com- 
manicated to the House, with a message from the President 
urging the necessity of its co-operation, there being important 
conditions that could not be carried into execution without 
legislative aid. 

Griswold immediately moved a call upon the President for 
a copy of the treaty between Spain ana France, upon which 
depended the right of the latter, and such evidence as he 
might have that Spain was ready to deliver up the ceded 
territory. He contended that the treaty before the House 
recited onlv a provisional agreement on the part of Spain to 
cede Louisiana to France. There had as yet been no evi- 
dence that the treaty had been made, it having been from the 
beginning suppressed, though the fact was known to the Ex- 
ecutive ; nor had Spain given her assent to the treaty then 
before the House, but madly refused so to do. Griswold's 
motion failed by a majority of two votes. 

A resolution was immediately offered by John Randolph, 
making provision for carrying the treaty into effect. This 
resolution induced an excited debate. It was opposed by the 
Federal party on two grounds, — its being unconstitutional to 
receive into the Union, whether by treaty or otherwise, for- 
eign territory and people; and that the territory of the United 
States was suflSciently large for a republican Government. 
An extensive territory, it was thought, would endanger the 
Republic and require a strong arm, perhaps a military force, 
to preserve order. The special provision to France and 
Spain in reference to the trade with Louisiana was another 
point of decided objection, as introducing an unconstitutional 
discrimination between different parts of the Union. Ran- 
dolph, who boldly and eloquently led in this debate, sus- 
tained the constitutionality of the treaty; whilst others, 
though less gifted, brought the force of their talent to sustain 
this important and vital question. 

No one touched the question of the constitutional right to 
vote money for a purchase of territory. The Federalists 
could not have denied it without the grossest inconsistency, 
whilst the Republican party felt no doubts on a question 
which would evidently have involved the fate of the treaty. 
Randolph was at the time chairman of the Committee of Ways 
and Means. He used the utmost exertion to procure the ne- 
cessary steps for completing this great effort. His resolution 



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ooKSTrrnnoNAL history 

was finally adopted by a yote of 90 to 25, and the bills requi- 
site for a final completion of the treaty speedily passed.* 

The first Consul in a short time saw the imprudence of an 
act he at one time was so anxious to consummate. It was a 
blunder to part with so large and rich a tract of country, rich 
in every commercial view, as well as of the highest political 
importance. 

The acquisition of Louisiana to the United States was the 
most important and valuable effort our Government had ever 
made, standing next in importance to the very instrument 
that called this Government into life, and now sustains it as 
« free, prosperous, and happy Republic. 

Jefferson saw at a glance its importance when he said he 
would not give ^^an inch of the waters of the Mississippi to 
any nation.**t By the acquisition of this territory we have 
forever prohibited any other nation from inhabiting and ap- 
propriating the most valuable portion of our continent, and 
avoided the interminable evil of having a neighboring nation 
almost in our midst. 

We acquired upwards of a million of square miles, with 
upwards of ninety thousand inhabitants, including about 
forty thousand slaves. We acquired, which was the most 
brilliant feature of the event, the navigation of the Father of 
Waters, — the sovereignty of the waters of the Mississippi 
giving an outlet for the produce of what is now the mightiest 
agricultural portion of the world, a large portion of the west- 
em and southern part of the United States; an uncontrolled 
and unlimited navigation through the entire waters of this 
noble river, free from collision with, other powers, offering no 
danger to our peace ; placing under our control the fertility 
of a soil and the bountifulness of a climate unsurpassed by 
any on the dobe. Remotest posterity will rejoice in con- 
templating Uie wisdom and policy of the act, whilst this 
wide-spread field for the blessings of civil liberty and equal 
laws will ever bloom and flourish as a living evidence of this 
master-stroke of legislative wisdom. 

As I have stated, difficulties clustered around the acquisi- 
tion of Louisiana. Was it to be measured by the boundaries 
prior to 1763, or its limits to be defined in accordance with the 



* Bradford, 128; Hild. Hist., toL iL 488; Stat. Man., toL L 288; Life of 
Bandolph, yol. i. 194. 

f JefferBon'f Correspondenoe, toL iiL p. 511. 



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07 THB ITKITSD 8TATS8. 288 

Spanish possession ? The treaty was not sufficiently precise, 
embracing "the Colony or Province of Louisiana, with the 
same extent as it now has in the hands of Spain, and that it 
had when France possessed it, and such as it should be after 
the treaties subsequently entered into between Spain and 
other States." Under the original boundaries of the French 
title, it embraced both banks of the Mississippi, extending 
east to the River Perdido, which formed the boundary between 
it and the Spanish Province of Florida. When Spain received 
it, it was bounded on the east by the Lakes Pontchartrain 
and Borgne, and the Mississippi River. The more eastern 
portion had been previously yielded up to Great Britain, 
under whose authority it had been erected, along with the 
country about Pensacola, ceded at the same time by Spain, 
into the English Province of West Florida. 

Bv the treaty of 1788 the Floridas had been restored to 
Spam ; but the division into the Eastern and Western Pro- 
vmce, first made by the English, had been kept up ; and West 
Florida at the date of the late treaty embraced territory south 
of the thirtieth degree of north latitude and east of the Mis- 
sissippi and the two lakes, which in former times had belonged 
to Louisiana.* 

Strong reasons existed why this section of the original 
Louisiana should not remain under the control of Spain; it 
would subject our commerce and trade to many embarrass- 
ments; for the original purpose of our Government had been 
to obtain this tract with the island of New Orleans, to secure 
the entire command of the Lower Mississippi, and the land 
communicating between STew Orleans and JNatchez. 

Livingston contended that the treaty embraced all of 
Louisiana originally possessed bv France, except such as 
Spain might by subsequent treaties have alienated to other 
nations. He urged the President to act under that interpre- 
tation and take possession of the disputed territory, as he 
should have done, though it might have involved us in dif- 
ficulty with Spain ; not that this Government by any forced 
construction or unjust avarice should assert a groundless 
claim, but Louisiana, under its original boundaries, was the 
subject and the object of the treaty, and it belonged to the Go- 
vernment, with the exception of such portions as above stated, 
which Spain had, previous to her late treaty with France, 

* Had. Hist, ToL iL second series, p. 491. 
Vol L— 16 



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284 coNBTirunoirAL histobt 

alienated otherwise*'*' JefferBon was, however, content to 
accept, as he did, the formal delivery of the Island and City 

^^ of New Orleans, which was made by Laurat on the 
20th of December, leaving the left bank of the 
lakes and of the river above, in possession of the Spaniards.t 
This peaceful annexation and its happy results show the 
wisdom and policy of the Republican party of that day, as 
compared to the wild schemes of the Federalists, then linger- 
ing in corruption in their very last days, who had been 
anxious that it should be taken by force ; whilst at the same 
time they opposed the treaty and opposed the appropriation 
of the necessary sums to make the payment for it. 

It is a matter of surprise that Jefferson should have thought 
the purchase of Louisiana unconstitutional. In his letter to 
Breckenridge, he remarks, — '^ The Constitution has made no 
provision for our holding foreign territory, still less for incor- 
porating foreign nations into our Union. The Executive, in 
seizing the fugitive occurrence which so much advances the 
good of their country, have done an act beyond the Con- 
stitution." 

Rather than make it appear right from extreme necessity 
or future advantage, it is more statesman-like to place it upon 
a just and constitutional basis ; whilst the doctrine of expe- 
diency, when opposed to moral right, always inflicts a danger- 
ous wound, and can only be justified by the most extreme 
necessity, and ultimately opens the way to the moral and 
national degradation of the human race. 

In my opinion, it is a clear constitutional right to acquire 
territorv under the treaty-making power; the very manner 
in which Louisiana was acquired, and the only constitutional 
way in which it could be done. 

The President has power by and with the advice and con- 



* The boundaries of Louisiana were always a subject of great confusion. 
It appears to haye been considered as extending to the Perdido, which 
formed the eastern boundary. The Colorado originiaUy formed its wenteni 
boundary ; on the north it extended to Winnipee River and Lake, which 
made it originally a very extensive country. Vide Am. ed. of the Edin- 
'burgh Enc. title La., and Humboldt's Essay on the Kingdom of New Spain. 

f The territory as received from France comprehended all the lands on 
the east side of the Mississippi River not then belonging to the United 
States as far as the great chain of mountains which divides the waters run- 
ning into the Pacific and those falling into the Atlantic; and from said 
chain of mountains to the Pacific between the territory of Great Britain on 
the one side, and that claimed by Spain on the other. 



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OF THB UNITBD STATBS. 286 

sent of the Senate, to make treaties, provided two-thirds of 
the Senators present concur. This is the voice of the Con- 
stitution. What limit does it place upon the treaty-making 
power ? None whatever. There is no limit to the exercise 
of this power, when reduced to any particular case; but it is 
to the form of executing the power, which is the simple con- 
currence of two- thirds of the Senate. I do not say there is 
no check or restraint upon the functions of the Government; 
for there is this limit, that it cannot be exercised in the destruc- 
tion of, or opposition to, any known constitutional right or 
power, and must be subservient to every other right recog- 
nized. But if the exercise of the treaty-making power does 
not conflict with some right or come in opposition to some 
class of powers specified in the Constitution, there is no 
restraint upon its employment whenever used according to 
the/orm of the Constitution. 

"The power," says a distinguished writer, "to make 
treaties is by the Constitution general ; and of course it em- 
braces all sorts of treaties, — for peace or war, for commerce 
or territory, for alliance or succoi*s for indemnity, for inju- 
ries or payment of debts, for the recognition or enforcement 
of principles of public law, and for any other purposes which 
the policy or interest of independent sovereigns may dictate 
in their mtercourse with each other."* Yet, says the same 
author, "a power general and unrestricted cannot be con- 
strued to destroy the fundamental laws of the State." 

No given power can destroy any other power. To what 
power given in the Constitution does the exercise of the 
treaty-making power (as far as the acquisition of territory is 
concerned) present itself in opposition ? None. 

It is a correct view, as well as a safe one, in reference to 
the exercise of the treaty-making power to sustain it unless 
it infringes some other power. 

In reference to the question under consideration, it may be 
asked what power, (if any) in its lawful exercise, does this 
mode of acquiring territory oppose? None. We must con- 
clude then that it is clearly constitutional. 

As long as the power of making treaties is considered 
inseparable from national sovereignty, — and it must be so 
considered, or else its influence is nothing, — ^it must be ad- 
mitted that no reasonable restraint can be placed upon it, 

* Story's Com. on the Constitation, p. 562. 



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286 . ' OONSTITUTIOKAL HISTORY 

except that of those powers necessary for the exercise of the 
Government which are in opposition to it, and which our 
Goverment clearly specified in the Constitution. 

It is a power that can neyer be definitely defined. How 
circumscribe it, when it must be applicable to all times and 
circumstances ? It must be as the Constitution intended it, — 
general and unqualified. 

It was often said that if this construction be admitted, no 
limit or restriction can be placed upon its range. This, how- 
ever, is an error which a moderate capacity can perceive. 
There are certain great purposes for which the Constitution 
was formed and which it reco^izes. The treaty-making 
power must be subservient to the leading features of our 
Government and of any other class of powers. Its sphere is 
exterior concerns; interior ones are provided for otherwise; 
the class of powers to which it must yield its homage and 
obedience are such as relates to the domestic operations of 
the Government. 

Jefferson entertained another opinion equally erroneous, 
that it could not be constitutionally acquired by purchase. 
This was a most contradictory position and can never be re- 
conciled with the faculty to possess foreign territory even 
under the class of powers incident to war or conquest ; refus- 
ing the right of giving or retaking more or less by means of 
a money-payment, which would be a purchase in principle 
and reality. Suppose war had ensued, — ^for this territory we 
could not have reftised to make all necessary appropriations; 
yet it would be but an indirect form for the exercise of that 
prerogative which would be denied in its direct and obvious 
meaning. I hope it will no longer bear the stain of uncon- 
stitutionality. Louisiana was acquired in a constitutional 
manner, and it is to be regretted that the author of this mag- 
nificent achievement was the principal person to affix the 
stigma of an illegitimate acquirement on a trophy he had con- 
secrated to his country, and is preserved to this day as the 
richest jewel in the casket of his fame. 

^g^ In the early part of this sessipn of Congress a 

proposition was made to change the Constituti<Hi 
in reference to the election of President and Vice-President, 
80 as to designate which person was to be voted for as Pre- 
sident, and which for Vice-President, instead of the original 
provision which required the electors to vote for two persons, 
and the one having the largest number of votes to be Presi- 



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07 THB UKITBI) 8TATB8. .287 

dent. The want of wiBdom in the existing plan had been 
manifested in the recent effort in the Honse of Representa- 
tives between Jefferson and Borr, as well as the disappoint- 
ment and injustice likely to arise in after years by the. 
promotion of a person to the Presidential chair, when a large 
portion, perhaps a majority of the people, would have desired 
him to fill the chair of Vice-President. 

The proposition was opposed by the Federalists aa an un- 
necessary innovation upon the Constitution, which should not 
be disturbed for slight causes; that the effort to change the 
Constitution was the result of party feeling and the desire to 
please an individual and his party friends. 

The opponents of the measure contended that it made but 
little difference which waa chosen of the two; that either 
would be qualified for the post of President. When Wash- 
ington and Adams were voted for in 1788, either were qua- 
lified for the Presidency; also in 1800 when Adams and 
Pinckney were the candidates of one party, and Jefferson 
and Burr of the other. 

It should be remembered though, that the popular voice of 
the country never designed Burr for President, and it would 
indeed have been an outrage upon the popular sentiment of 
that day had Burr been made President, even had he been 
deserving the office and had maintained his integrity. It was 
likewise apparent that the mode proposed was plainer and 
more simple than the existing one. 

The proposed alteration was agreed to by two-thirds of 
both branches of the Legislature ; being a strict party vote, 
the Federalists opposing it and mingling in their opposition 
great personal hatred to Jefferson. The amendment was ex- 
ceedingly popular with the States, being ratified by a vote of 
thirteen to three. The States that opposed it were still 
strongly Federal in their political bearing, — which were Mas- 
sachusetts, Connecticut, and Delaware.'*' This amendment 
now forms the Twelfth Article of the Amendments to the Con- 
stitution. In a public notice of the Secretary of State, dated 
the 25th of September, 1804, it was announced as having 
been duly ratified. 

At the present session of Con^ss, the Repub- 
fican party succeeded in raising the salaries of the 
principal officers of the Government. 



1804. 



* Bradford, p. 181 ; Stat. Man., toL L p. 241. 



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288 CONSTITUTIONAL HISTORY 

The expenses of the naTal establishment necessary to be 
sustained in the Mediterranean required additional duties to 
be laid on imports. The force stationed in that sea, though 
not a large one, was efficiently kept up and proTed sufficient 
to check the depredations upon our commerce, which had been 
exceedingly annoyed by the excursion of pirates that horered 
in swarms upon the waters of the Mediterranean. 

During this session of Congress an alteration was made in 
the law upon naturalization of foreigners ; the time required 
preTious to their becoming citizens being reduced from four- 
teen to five years, which was the original provision of the law 
allowing foreigners to be naturalized. The Federal party 
opposed the introduction of a law that shortened the time 
from fourteen years. It was deemed unreasonable; unjust 
to the home-bom citizen and dangerous to the Republic to 
allow free and equal advantages to the foreigner in partici- 
pating in the exercise of our Government before he had lost 
the habits of a kingly Government, or overcome the preju- 
dices of both, or learned to understand, to appreciate, and to 
love the spirit and the form of freedom as seen and felt under 
our national Constitution.* 

An additional law was passed at this session of Congress 
for the government of the Territory of Louisiana, creating 
two Territorial governments, and dividing them into the dis- 
tricts of Orleans and Louisiana. Over the Territory of 
Orleans was thrown a government, with the executive power 
vested in a Governor appointed by the President, who was 
commander of the militia, with power to grant pardons for 
oflfences against the Territory, and reprieves for those against 
the United States, until a decision could be made by the Pre- 
sident. The legislative power was vested in the Governor, 
and thirteen members formed the Legislative Council, and 
were annually appointed by the Pr^ident. The Judiciary 
consisted of a Superior Court of three Judges, and such in- 
ferior courts as the legislature might see fit to appoint. The 
Governor, Secretary, Judges, District-Attorney, Marshal, 
and all general officers of the militia were appointed by the 
President. 

The remainder of the territory acquired from the French 
was formed into the Territory of Louisiana, but was subjected 

♦ Bradford, p. 182. 



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09 THB UKITSD 8TATS6. 289 

to the Territorial goyemment which was then applied to 
Indiana.* 

The form and character of the governments for the Ter 
ritories were exceedingly simple and plain. By virtue of the 
Constitution, Congress has " power to dispose of and make 
all needful rules and regulations respecting the territory or 
other property of the United States j" whidi provision places 
the territory of the United States under the control of Con- 
gress as the property thereof; and the appointing power, 
which is exercised by the President, takes from the people 
of the Territory all voice in the government. The pro- 
vision of the Constitution ^ving Confess such power, is 
in strict consistency with the recognition of the fact that 
it is the property of the United States and should be above 
the influence of sectional legislation, and managed for the 
benefit of the whole Union in such manner as Congress 
should think proper. 

At this session of Congress much excitement was created 
by the impeachment before the Senate of Judge Pickering, 
of the District Court of the United States for New Hamp- 
shire. The proceedings were instituted by the House of 
Bepresentatives, charging him with a sacrifice of the rights 
of the United States m certain revenue cases that had j^en 
tried before him> and also with drunkenness and profanity on 
the bench. The judge would not appear in person or defend 
himself; though his son presented a petition, alleging that 
Judge Pickering was insane, and praying that counsel might 
be heard in his defence. This was allowed, though not with- 
out opposition, and several depositions were read for the 
purpose of proving that the judge was insane; yet it was 
asserted that his msanity was produced by intemperance. 
Pickering was impeachea by a party vote, every Federal 
Senator voting against the impeachment. It was manifested 
that corruption had found its way upon the bench, and crime 
had stained the ermine of justice. A higher functionary 
than Pickering, one of the aolest props of the late Federal 
Administration of John Adams, had likewise fallen from the 
high position of a pure and upright judge. In looking to 
the highest and first judicial station on the globe, — ^the Su- 
preme Court of the United States, — the man of purity is 
grieved to find that even there vice and corruption had dared 

« LftWfl of the United SUtes, Maroh 26, 1804. 



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S#0 COVSTITUnOIIAL HI8X0ET 

intnidey Mid plmnt its destraetiye principles where hitkerto 
purity and firmness had stood; the one unsullied and the 
other immoTable. Samuel Chase had imbibed the ungoyern- 
able prejudices with which the lingering remains of Federalism 
had become tainted, — for it was a pure party in the days of its 
early manhood. He consequently was to be tried before die 
Senate of the United States upon articles of impeachment 
preferred aninst him by the House of Representatiyes. 

The chief credit of this impeachment is due to John Ran- 
dolph, whose bold and undaunted spirit, sustained by his own 
matchless eloquence and sarcasm, first brought to the eye of 
the House the corruption with which Chase was to be charged. 

Randolph, — Us form thin and shadowy from disease and 
labor, his face pale and hageard from intense thought and 
reflection, but with an eye bright and unquailing, — ^rose from 
his seat determined to meet the fire he knew his remarks and 
resolution would kindle, and said, — ^^ That no people were 
more fully impressed with the importance of pre- 
serying unpolluted the fountain of justice than die 
citizens of these States. With this yiew the Constitution of 
the United States^ and of many of the States also, had ren- 
dered the magistrates who decided judicially between the 
State and its oflfending citizens, and between man and man, 
more independent than those of any other country in the 
world, in the hope that eyeiy inducement, whether of intimi- 
dation or seduction, which could cause them to swerye from 
the duty assigned to them, might be remoyed. But such was 
the frailty of human nature, that there was no precaution by 
which our inte^ty and honor could be preseryed in case we 
were deficient m that duty which we owed to ourselyes. In 
consequence of this unfortunate condition of man, we haye 
been obliged but yesterday, to prefer an accusation against 
a judge of the United States who has been found wantmg in 
his duty to himself and his country. At the last session of 
Congress, a gentleman from Pennsylyania did, in his place 
(on a bill to amend the judicial system of the United States,) 
state certain facts in relation to the official conduct of an 
eminent judicial character, which I then thought and still 
think, the House bound to notice. But the lateness of the 
session (for we had, if I mistake not, scarce a fortnight re- 
maining,^ precludinff^all possibility of bringing the subject to 
any efficient result, 1 did not then think proper to take any 
steps in the business. Finding my attention, howeyer, thus 



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OF THB UKITED STATES. 241 

drawn to a consideration of the character of the officer in 
question, I made it mj business, considering it my duty as 
well to myself as those I represent, to investigate the charges 
then made, and the official character of the judge in general. 
T))e result having convinced me th^t there exist grounds of 
impeachment aeamst this officer, I demand an inquiry into 
his conduct, and therefore submit to the House the following 
resolution : — 

*'^ ReMolvedy That a committee be appointed to inquire into 
the official conduct of Samuel Chase, one of the Associate 
Justices of the Supreme Court of the United States, and to 
report their opinion whether the said Samuel Chase hath so 
acted in his judicial capacity as to require the interposition 
of the constitutional power of this House.*' 

With an amendment offered by Mr. Leib, so as to embrace 
an examination of the official conduct of Judge Peters, Dis- 
trict Judge of the Court for the District of Pennsylvania, 
the resolution of Randolph passed by a vote of 81 to 40. 

In obedience to this resolution, Randolph, Nicholson, J. 
Clay, Early, R. Griswold, Huger, and Boyle, were ^appointed 
a committee. 

On the 6th of March Randolph, chairman of the committee, 
made a report that the committee thought Samuel Chase ousht 
to be impeached of high crimes and misdemeanors, but that 
no evidence existed why Judge Peters should be impeached. 
On the same day the House took up the report, and, after a 
short debate, concurred in the first part of it, which referred 
to Judge CImse, by a vote of 73 to 32. That part of the 
report which related to Judge Peters was concurred in unani- 
mously. 

On the 80th of November the committee, through their 
chairman, John Randolph, reported eight articles of impeach- 
ment. 

The first article, — ^relating to the trial of John Fries, who 
was tried for treason,— charged that the judge conducted 
himself in a manner highly arbitrary, oppressive, and unjust. 

The second article charged a similar spirit in the trial of 
James T. Callender, who was arraigned for a libel on John 
Adams, and specified the manner. 

The third article, likewise in reference to the trial of Cal- 
lender, referred to the arbitrary and oppressive rejection of 
the testimony of John Taylor, a witness for the defence. 

The fourth article referred to the manifest injustice, par- 



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242 CONSTITUTIOKAL HISTOEY 

tiality, and intemperance that marked the coarse of the judge 
during the trial of this same man Callender, and specified 
the manner in five distinct charges. 

1st. ''In compelling the prisoner's counsel to reduce to 
writing and submit to the inspection of the court, for their 
admission or rejection, all questions which the said counsel 
meant to propound to the above-named John Taylor, the 
witness.** 

2d. ''In refusing to postpone the trial, although an affidavit 
was regularly filed stating the absence of material witnesses 
on behalf of the accused ; and although it was manifest that, 
with the utmost diligence, the attendance of such witnesses 
could not have been procured at that time." 

3d. "In the use of unusual, rude, and contemptuous ex- 
pressions towards the prisoner's counsel, and in falsely insinu- 
ating that they wished to excite the public fears and indigna- 
tion, and to produce that insubordination to law to which the 
conduct of the judge did at the same time manifestly tend." 

4th. "In repeated and vexatious interceptions of the said 
counsel, on the part of the said judge, which at length induced 
them to abandon their cause and their client, who was there- 
upon convicted and condemned to a fine and imprisonment." 

5th. "In an indecent solicitude manifested by the said 
Samuel Chase for the conviction of the accused, unbecoming 
even a public prosecutor, but highly disgraceful to the cha- 
racter of a judge as it was subversive of justice." 

The fifth article of impeachment alluded to the act of Con- 
gress passed in 1789, establishing the judicial courts of the 
United States, which allowed for any crime or ofience that 
the offender might be arrested, imprisoned, or bailed, agree- 
ably to the laws of the State where the offender might be 
found. It further noticed the law of Virginia where Callen- 
der was tried, which authorized, upon presentment by a grand 
jury of an ofience not capital, that the court should order the 
clerk to issue a summons against the person or persons offend- 
ing to appear and answer such presentment at the next court; 
yet the said Chase did, at the court aforesaid, award a capuu 
against the body of the said Callender, indicted for an c^ence 
not capital, whereupon the said Callender was arrested and 
committed to close custody contrary to law. 

The sixth article rested upon the charge that the law of 
Virginia, which was to prevail in all the practical operations 
of &e trial, which in tne present instance provided that in 



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09 THE UNITBD STATES. 243 

cases not capital the offender should not be held to answer 
any presentment of a grand jury until the court next suc- 
ceeding that during which such presentment shall have been 
made; "yet," says the article of impeachment, "the said 
Samuel Chase, with intent to oppress and procure the con- 
viction of the said Callender, did, at the court aforesaid, rule 
and adjudge the said Callender to trial during the term at 
which he, the said Callender, was presented and indicted, 
contrary to law in that case made and provided." 

The seventh article charged the said Samuel Chase with 
refusing to discharge the grand jury at the District Court held 
at New Castle, in the State of Delaware, after the jury had 
reported that they had found no bills of indictment, and had 
no presentments to make; when the judge, descending to the 
level of an informer, proceeded to say he had understood 
"that a highly seditious temper had manifested itself in the 
State of Delaware among a certain class of people, particu- 
larly in New Castle County, and more especially in the town 
of Wilmington, where lived a most seditious printer, unre- 
strained by any principle of virtue, and regardless of social 
order; that the name of this printer was — ** but, checking 
himself, as if sensible of the indecorum which he was commit- 
ting, he added, "that it might be assuming too much to men- 
tion the name of this person ; but it becomes your duty, gen- 
tlemen, to inquire diligently into this matter," or words to 
that effect. With intention to procure the prosecution of the 
printer, he authoritatively enjoined on the District- Attorney 
the necessity of procuring a file of the papers to which he 
alluded, and by a strict examination of them, to find some 
passage which might furnish the ground-work of a prosecution 
against the printer of said paper; "thereby," concluded the 
article, "degrading his high judicial functions, and tending 
to impair the public confidence in, and respect for, the tribu- 
nals of justice, so essential to the general welfare." 

The eighth article charged "that the said Samuel Chase, 
disregarding the duties and dignity of his judicial character, 
did, at a Circuit Court for the District of Maryland, held at 
Baltimore, in the month of May, one thousand eight hundred 
and three, present his official right and duty to address the 
grand jury then and there assembled, on the matters coming 
within the province of said jury, for the purpose of delivering 
to the said grand jury an intemperate and inflammatory po- 
litical harangue, with intent to excite the fears and resent- 



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244 CONSTITUTIONAL HISTORY 

ment of the said grand jigry and of the ffood people of Mary- 
land affainst their State goyernment and constitution, a con- 
duct highly censurable in any, but peculiarly indecent and 
unbecoming in a judge of the Supreme Court of the United 
States ; and moreover, that the said Samuel Chase, then and 
there, under pretence of exercisinff his judicial right to ad- 
dress the said grand jury as aforesaid, did, in a manner highly 
unwarrantable, endeavor to excite the odium of said grand 
jury and of the good people of Maryland against the Govern- 
ment of the United States, by delivering opinions which, even 
if the judicial authority were competent to that expression 
on a smtable occasion and in a proper manner, were at that 
time and as delivered by him, highly indecent, extra judicial, 
and tending to prostitute the high judicial character with 
which he was invested to the low purpose of an electioneering 
partisan/'* 

These charges embraced the articles of impeachment which 
the House demanded Judge Chase should be summoned to 
answer. This trial deserves a minute examination, not only 
on account of its intrinsic importance and the high func- 
tionary to whom it related, but in an especial manner should 
it receive our c9nsideration on account of the temper excited 
by the Federal party, which induced them to the unjustifiable 
extreme of attributing this trial, on the part of the Republican 
party, to partisan bearing and hatred to the Federal schooL 
A brief attention to the history of this case will not only ex- 
culpate the Republican party in Congress of all undue and 
improper feelings, but convince the fair and candid reader of 
the justness as well as necessity of the trial. 

The report containing the impeachment was made the 
order in the House for the 8d of December. On that and 
the ensuing day the House took the articles into considera- 
tion, agreeing, according to the following vote, that Judge 
Chase should be put upon his trial to answer the charges pre- 
ferred against him: — On the 1st article, yeas 88, nays 84; 
on the 2d, yeas 83, nays 85; on the 8d, yeas 84, nays 84; 
on the 4th, yeas 84, nays 34; on the 5th, yeas 72, nays 45; 
on the 6th, yeas 78, nays 42; on the 7th, yeas 78, nays 42; 
on the 8th, 1st section, yeas 74, nays 89; 2d section, yeas 
78, nays 82. 

The House proceeded immediately to execute every step 

* Trial of Judge Chase, vol. L p. 6. 

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OF THS UKIXIB STATES. 246 

necessary to expedite the trial. On the 5th of December 
seven managers were chosen by ballot to conduct the im- 
peachment, consisting of Messrs. J. Randolph, Rodney, Early, 
Boyle, Nelson, and §. W. Campbell. On the next day Mr, 
Clarke was appointed in the place of Mr. Nelson, who re- 
signed. The articles of impeachment were received bv the 
Senate on the 7th of December, whereupon John Randolph 
read the foregoing articles. The managers were immediately 
informed by the President of the Senate that proper orders 
would be forthwith issued on the subject of the impeachment, 
and notice given to the House of Representatives. The ar- 
ticles were delivered at the table and the managers withdrew. 

The Senate, on the 10th of December, sitting as a High 
Court of Impeachment, adopted the resolution directing a 
summons to issue to Samuel Chase to answer certain articles 
of impeachment, returnable the 2d of January, to be served at 
least fifteen days before the return thereof. On the return day 
of this important and interesting trial Judge Chase appeared, 
the summons had been executed, the High Court of impeach- 
ment was opened, and Samuel Chase, bein^ formally called, 
appeared. In answer to the summons he urgently stated the 
reasons which impelled him to ask for time sufficient to prepare 
an answer; it was a trial involving charges of the 
most heinous nature, to which he plead not guilty; 
and denying specially every charge and every act, with a few 
exceptions, he thought tune shouM be allowed him. On the 
next day, the defendant continuing his application for further 
time, the President of the Senate stated he had received an 
affidavit from the defendant, stating the necessity of further 
time, — setting forth the fact of the various offences charged 
having occurred at different places far removed from each 
other, that a great many witnesses, living at long distances 
from each other and from the place of trial, were to be sum- 
moned, the names of many of whom he had yet to ascertain. 
The nature of his answer in full reply to every charge must 
require time for preparation. 

After the failure of several motions to fix particular days, 
the motion of Mr. Breckenridge to fill the blank with the 
words, "the 4th day of February next," was passed in the 
affirmative by a vote of 22 to 8 ; on which day the defendant 
was notified to appear. 

Preparatory to this exciting and interesting event, the 
Senate chamber was fitted up in a style of elegance suited to 



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246 COVSnTUTIOVAL HI8T0KT 

the occasion. Benches, covered with crimson yeWet, on eadi 
side of the President were assigned the members of the 
Senate ; on the right and in front of the chair was a place 
assigned the managers; on the left a place was desiraated 
for the defendant and his counsel, with a chair for such par- 
ticular friends as the distinguished defendant might introduce. 
The remainder of the hall was occupied with chairs for the 
accommodation of the members of the House of Representa- 
tives; and there was a place for the reception of foreign 
Ministers, and also for the civil and military officers of the 
United States. Where the benches terminated on the right 
and left of the chair were assigned places for the stenogra- 
phers. Spectators of all ranks found indiscriminate admis- 
sion to the permanent gallery. Below this gallery, and a little 
raised from the floor, was a new gallery, finished with striking 
and peculiar elegance, designed for the exclusive reception of 
such of the gentler sex as might honor this trial with their 
presence; whilst at the termination of this place, on each 
side, a box was erected for the special accommodation of the 
ladies constituting the families of public characters. To the 
Marshal of the District was assigned the responsibility and 
arduous task of preserving order in this large and mixed 
assemblage. 

On Monday, February 4, 1805, at a quarter before ten 
o'clock, the court was opened by proclamation for the trial 
of Samuel Chase ; every member of the Senate (thirty-four) 
who was to act upon this case was present. The large and 
extensive chamber in which the trial was to be held was soon 
filled to overflowing. 

It was immediately ordered that the Senate was ready to 
proceed with the trial, and notice sent to the House. In a 
few minutes the managers, followed by the House of Repre- 
sentatives in Committee of the Whole, appeared and took 
their seats. The defendant upon being asked, announced 
himself ready, and requested leave to read his answer and 
appear by counsel who had been called to his assistance. 
Thus commenced the most important trial which had then 
ever occurred in the United States. A brilliant array of 
talent presented itself to the admiration of the country on 
both sides ; and it was a trial that would enlist the highest 
order of talent, skill, and learning. On the one side was 
the keen and eloquent Randolph, with the greater learning 
and more powerful intellect of Rodney, supported by Nichol- 



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07 THB UNITBD 8TATB8. 247 

son, Boyle, Early, Clarke, and G. W. Campbell. On the 
other side was the defendant himself, with Harper and Hop- 
kinson, and that most remarkable man and distinraished 
advocate and lawyer, Luther Martin, whose ability, skill, and 
talent, have found few equals and no superior. 

It would be too tedious and voluminous to make even an 
abstract of this case, the report making a volume of nearly 
one thousand paees. Day after day, week after week, this 
trial proceeded, involving pages and volumes of testimony, 
learned arguments, and keen and fiery debates. By reference 
to the articles of impeachment, the reader will learn the dis- 
tinctive charges upon which the defendant was put upon his 
trial, the most important of which were boldly and vigorously 
denied and defended. 

On Friday, the 6th of March, this tedious and harassing 
proceeding was concluded, the result of which will throw 
more light upon the subject than the most extended com- 
ments of the author. On the day mentioned, the court was 
opened for the last time; anxious friends gathered around 
the unfortunate defendant; but whilst the anxiety of devoted 
firiends was great, there was the greater anxiety of the patriot 
citizen who wept for the purity of the bench and the unsul- 
lied ministration of the law. On this final day the managers, 
with the House of Representatives in Committee of the 
Whole and in full attendance, were there ; there, too, sat the 
aged defendant and his faithful counsel ; there were the high 
functionaries of the bench, with the purest and deepest feel- 
ings, interested for a distinguished fellow-laborer on the one 
hand, and the integrity of the bench on 'the other. 

It was resolved that in taking the judgment of the Senate 
upon the impeachment then pending, the President of the 
Senate should call on each member by his name, and upon 
each article propose the question of "guilty" or "not guilty" 
of a high crime or misdemeanor as charged in each article, 
which was voted on separately, — each member rising in his 
place and answering guilty or not guilty. The judgment of 
the Senate taken in this manner avoided all confusion, and 
preserved the utmost accuracy and fairness. 

The vote being taken on the first article, the result was, — 
guilty 16, not guilty 18; on the second article, guilty 10, 
not guilty 24; on the third article, guilty 18; not guilty 
16 ; on the fourth article, guilty 18, not guilty 16 ; on the 
fifth article the defendant was unanimously acquitted; on the 



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248 OOVSTITUnOlf AL hibtoby 

eixth ftrtide, giultj 4, not gniltj 80; on the seventh article, 
guilty 10, not gmltj 24; on the eighth article, gniltj 19, 
not guilty 15. Thns ended this trial, which had caused the 
Government an enormous expenditure of money, a vast 
amount of trouble and vexation, a month's delay of the public 
business, and much anxiety on the part of both fnendb and 
foes. It is seen from this that the defendant escaped impeach- 
ment from every charge ; on three only, — the third, fourth, and 
eighth, — ^was he found guilty by a majority of the Senate ; yet 
it fell below the constitutional majority required for impeach- 
ment; and whilst the distinguished defendant escaped by an 
arbitrary provision of the fundamental law, the majority vote of 
the Senate fixes the stamp of corruption upon Samuel Chase, 
which, though deeply to be regretted, can never be overlooked 
by the eye of true and impartial history.* 

In pursuing the history of the trial of Judge Chase to its 
close, it was necessary to enter the year 1805; which 
left unnoticed several important events and topics of 
the preceding year. The interesting and then unsettled ques- 
tion of impressment of American sailors on board American 
vessels was forced upon the public mind as well as the atten- 
tion of Congress at this time. The cruelty, outrage, and 
wanton disregard of our rights as a nation, which had been 
practiced upon our sailors by the English Government, had 
reached a point beyond endurance. 

Marshall, the Secretary of State under Adams's adminis- 
tration, had urgently pressed on the British Ministry an 
adjustment of this subject. The question was, however, 
after the peace of Amiens, allowed to linger unnoticed for a 
while, until the prospect of a new war aroused the attention 
of Congress. King, our Minister at the British Court, had 
again brought it to the attention of the British Government. 
A practice so unjust, so insulting to our national dignity, so 
contrary to national right and good- will between nations could 
not be palliated or submitted to. A short time previous to 
the departure of our Minister from England he had succeeded, 
with Sir John Jarvis, then at the head of the British Admi- 
ralty, to consent to an agreement for five years that neither 
nation should take any seamen out of the ships of the other 
on the high seas. When the agreement was about being 
signed, the British negotiator, not content with the right of 

« TrUl of Judge Chase, in 2 toIb., by Smith & Lloyd, WMhington, 1805. 



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OF THB UNITID 8TATB8. 249 

vkitation and impressment as to all American yessels in any 
British harbor, claimed to except the narrow seas also ; mean- 
ing the seas snrroanding England. Such pretensions had 
been previooslj set up m negotiations with other nations: 
the Dutch had oftentimes submitted to it. The reservation 
was so monstrous and unjust, that the representative of the 
American Government, — ^though not exacting, yet rigorous 
for right and justice, — ^rather than consent to Su* John's reser- 
vations, preferred abandoning the agreement enturely ; and in 
this he received the approbation of Jefferson. Attempts 
were made by Congress to legislate on the subject, but the 
good sense of the Democratic leaders saw the impossibility of 
settling it by legislation: it was a question properly belong- 
ing to diplomacy, — ^and the bills were allowed to rest un- 
noticed.* 

At this session of Congress a most exciting and isol 
interesting subject was long and violently agitated, , 
which has been known as the Yazoo question. The histoir 
of the question runs back to the 7th day of February, 1795, 
at which time the legislature of Georgia passed an act, au- 
thorizing the sale of four tracts of land to four companies, 
embracing the greater part of the country west of the Alabama 
River. The land contained within the boundaries of the four 
companies forty millions of acres, for which the companies 
were to pay five hundred thousand dollars. The inadequacy 
of the price at once excited the suspicions of the people of 
Georgia. Upon an impartial but close examination into the 
secret history of this question, a scene of iniquitous swindling 
was disclosed, which had scarcely found a parallel in any age 
or country. An enormous tract of country, rich and valua- 
ble beyond calculation, belonging to a State, had been sold 
to companies, and that by express legblative enactment, for 
a sum of money (in comparison to its value) actually insignifi- 
cant. The fuU development of the fraud that had been 
practiced upon the State was made apparent ^by the result 
of an investi^tion, which proved that every member of both 
branches of the legislature who voted for this law and sanc- 
tioned this sale, were, with one exception, parties to the pur- 
chase. The question of the Yazoo purchase became the sole 
and absorbing topic of the day; the succeeding legislature 
was elected solely with reference to it; repeal or no repeal 

* Hild. Hist U. S., second series, toI. U. p. 686. 
Vol. L— 17 



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250 GOHSnTUTIONAL HISTOET 

was the only qaeetion oanyassed before the people. On the 
80th of January, 1796, an act was passed, witn only three 
dissenting yoices, declaring the act of 1795 yoid, and expung- 
ing the same from the public records. This matter was 
brought before Congress at the session of 1802-8. The New 
England and Mississippi Land Company had purchased from 
the other companies their interest m this fraudulent grant. 
The company contended that under the agreement between 
Georgia and the United States, ^^ the latter might dispose o^ 
or appropriate a portion of the said lands not exceeding fire 
milkons of acres, or the proceeds of fiye millions of acres 
or any part thereof, for the purpose of satisfying, quieting, 
or compensating for any claims, other than those recognized 
in the article of agreement, which may be made to the said 
lands." At the session of 1802-8, Madison and Gallatin, 
members of the President's cabinet, and Levi Simeon, were 
appointed commissioners to inrestigate this subject. They 
made an elaborate report, and recommended that '^ so much 
of the fiye millions of acres as shall remain after haying 
satisfied the claims of settlers and others not recognized by 
the a^eement of Georgia, which shall be confirmed by the 
United States, be appropriated for the purpose of satisfying 
and quietinff the clamis of persons who deriye their titles u*om 
an act of the State of Georgia, passed the 7th day of Jan- 
uary, 1795." The Administration became pledged in this 
manner, along with some of its leading members, to the justice 
of the claim. 

Gideon Granger, the Postmaster-General, was at the head 
of the New Englimd and Mississippi Land Company, and 
acted as agent to prosecute the claim before Congress. 

He contended, in an able and extensiye argument, that the 
company were innocent purchasers without notice. He cen- 
sured the people of Georgia for repudiating the act of the 
legislature, though it had been conyicted of bribery, chargii^ 
that State an(^ the United States with injustice in appropri- 
ating^ to their own use lands which had been legally sold by 
the otate and purchased by his company. 

1806 ^^ ^^^ ^^^ ^^ January a resolution was intro- 

duced into the House, that three commissioners be 
appointed to receiye propositions of compromise and settle- 
ment from the seyeral companies, or persons holding claims to 
lands within the present limits of Uie Mississippi Territory, 
in such manner as will, in their opinion, conduce to the in- 



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OF THB UNTTBD STATES. 251 

terest of the United States; provided, such settlement shall 
not exceed the limit prescribed by the convention with the 
State of Georgia. The resolution was introduced by Dana, 
chairman of the Committee of Claims. A bold and animated 
debate ensued, and the more so, as parties were nearly ba- 
lanced on this question. The one consisted of those who 
believed that the principles of public faith required that the 
grant by the legislature of Georgia should be ratified, how* 
ever corrupt may have been the motives of the members who 
voted for it, especially when on the faith of its acts, those 
who were parties to the fraud had been able to impose on in- 
nocent purchasers; some there were, who, though not admit- 
ting the legal validitv of those claims, thought it politic to 
compromise them and end an otherwise interminable source 
of complaint. 

The opponents insisted that those claims, having originated 
in a course of fraud and corruption as alarming by its mag- 
nitude as it was odious by its baseness, ought to receive no 
notice from Congress. That those purchasers who had no 
knowledge of the corruption practiced on the legislature of 
Georgia, if there were any such, could receive no hotter title 
than the original perpetrators of the fraud could convey, 
according to the settled principles of jurisprudence; and that 
for the injury sustained they should look for redress to those 
who had deceived them rather than to the people of Georgia, 
or their assignees, the people of the United States; and that 
it was repu^ant to principle as well as policy to sanction 
claims which orimiated in fraud. 

The most efficient opponent of Dana's resolution was John 
Randolph. He had, whilst on a visit to Georgia at the time 
of this excitement, made himself thoroughly acquainted with 
the subject. His honest and burning indignation was poured 
out with his own matchless skill and eloauence, in one of the 
finest efforts he ever made. He succeeded in defeating the 
resolution. Granger, the Postmaster-General, who had been 
the special object of Randolph's satire, openly declared that 
either he or Randolph must fall. There was an effort to put 
him down, but the expression was explained to apply as a 

Sublic man. Almost every Southern member went with Ran- 
olph, the Yazoo claims being held chiefly at the North. 
Leib, Clay, of Philadelphia, and Sloan, of New Jersey, were 
also founa side by side with the opponents of this measure. 
The result of this vexatious question was gratifying to the 



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252 CONSTITUTIONAL HISTOBT 

country ; yet it was to be lamented that it excited a strong 
prejudice on the part of some administration members of 
Congress against Randolph. Madison, Gallatin, and Lincoln, 
who had acted as commissioners, did not escape Randolph's 
violence. Grander was compelled to send a communication 
to the House askmg an investigation into his conduct, but the 
request was gotten rid of by a postponement. Whatever may 
have been alleged against Granger, certain it is no breath of 
suspicion ever found an advocate against Madison or Galla- 
tin. The bitterness of feeling which was engendered between 
Randolph and a segment of the Republican party at this time 
had a strong tendency to fan the flame of discord which ulti- 
mately drove Randolph from the administration of Jefferson. 
Randolph had become obnoxious to many of the Republicans, 
chiefly on account of his violence and acerbity of temper, 
which often drove him to great extremes. 

After the adjournment of the present session of 

iSJ?*' Congress Granger made a tour through the Northern 
States, with the view of organizing a party to destroy 
the influence and popularity of Randolph. The most promi- 
nent leader was Barnibas fiidwell. They represented them- 
selves as the exclusive friends of the Administration, and 
Randolph as an enemy. Randolph, as an orator, with a 
bright and blazing genius, could not be suppressed or ex- 
tinguished; yet, as a leader of the Administration, he was 
rapidly destroying his own popularity as well as influence for 
good. He could not, would not act with the Federal party, 
and his erratic course towards the Administration served to 
break down the political force of his own character; whilst 
the administration of Jefferson was immovably planted in the 
high regard and affection of the American people.* 

The other subjects which engaged the attention of Con- 
gress towards its close were of little importance. There was 
passed an act for the government of the Territory of New 
Orleans. The District of Louisiana, hitherto belonging to 
Indiana, was at this session converted into a separate Territory ; 
the power of legislation being vested in the Governor and 
Judges. The government of the Orleans Territory, which 
the President had reserved for Monroe, was allowed to remain 

* HUd. Hist., second series, vol. iL p. 542; Tucker's Life of Jefferson, 
ToL ii p. 162; QarUnd's Life of Randolph, yoL i. p. 205. 



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OF THB UNITED STATES. 253 

under the control of the then incumbent, Governor Olaibomey 
Monroe being otherwise provided for. 

The Territory of Indiana was subjected to another curtail- 
ment by the erection of Michigan into a new and separate 
Territory, the government of which was given to William 
Hull, of Massachusetts, who, though he had served with honor 
in the revolutionary war, lived long enough to be call^ into 
service again only to deface the brilliancy of his former glory, 
and leave a name despised and execrated by every good and 
virtuous citizen. The government of the Territory of Lou- 
isiana was bestowed on General Wilkinson, then Commander- 
in-chief of the American army. 

The condition of the District of Columbia was the subject 
of much excited debate. The system of laws under which 
the District was governed was exceedingly confused and hete- 
rogeneous. Two different codes were in existence on opposite 
sides of the Potomac; the laws of Virginia on one side, and 
those of Maryland on the other.* 

The idea was started that it was contrary to republican 
principles, that the District should be governed by Congress 
without any legislature chosen by the people of the District ; 
consequently it was proposed to retroce^ the District, with 
the exception of the city of Washington, but the proposition 
was unsustained and the effort failed. 

Sloan, of New Jersey, introduced a bill which, at J»n. is, 
the time, excited little or no interest, that all chil- 
dren bom of slaves within the District after the ensuing 4th 
of July, should become free at a certain age. The bill met 
with marked disapprobation. The House refused to refer it 
to a Committee of the Whole by a vote of 65 to 47 ; after- 
wards being rejected by a vote of 77 to 81. The thirty-one 
who voted in the affirmative were chiefly Republicans from 
New England, Pennsylvania, and New York. Five members 
of the Federal party voted with them, — ^two from New Hamp- 
shire, two from Massstohusetts. and one from New York.t 

In reaching the close of the Eighth Congress, 
which is memorable as being the end of the first im^^^ 
term of Thomas Jefferson, the reader will not fail 
to observe the great success which followed the administra- 



* By act of Congress the laws of Virginia and Maryland were in opera- 
tion in the District on those parts formerly belonging to one or the other, 
f Hild. Hist., second series, toL ii. p. 546. 



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264 OOHSTITUIXONAL HXSTOUT 

tion of the Goyemm«nt. The preceding Administration had 
been signalized by extravagance, and disturbed by faction 
and broils. The party by which it was supported had be- 
come cormpt, and nad fallen into insienificance, with no great 
event or dorions achieyement to mark its place in history or 
endear it m the memory of the people. Bat, on the contrary, 
the first term of the administration of Jefferson had won the 
admiration and affections of the people of the United States. 
Our commerce had expanded; the revenue had reached seven- 
teen millions of dollars; the expenditures were twelve and a 
half millions; in four years thirteen millions of public debt, 
including interest, had been paid; the taxes had been les- 
sened; a host of useless ofScers had been discharged; the 
area of the United States had been doubled; war with France 
and Spain had been averted; Tripoli had been whipped; 
Tunis and Algiers had been taught to know their place and 
duty; the title to a large tract of Indian lands was extin- 
guished; the poor Indians th^nselves enlightened .and in- 
structed; the nation was respected throughout the world; 
prosperity bloomed over the land; auiet and contentment 
pervaded nearly every bosom.* In tne language even of a 
strong (though fair and enlishtened) Federal nistorian, ^^The 
country had reached a pitch of pecuniary prosperity never 
before known, "f 

The force, the character, the unsurpassed popularity of 
Jefferson, as then understood, as well as the decided Republi- 
can cast of the people, is folly and satisfactorily exhibited 
by the flattering vote which sustained his policy and bore 
him triumphanuy a second time to the Presidency of the 
United States, at the election which had taken place the pre- 
ceding year. 

Je&rson was re-nominated for President, and George Clin- 
ton, for some time Governor of New York, was nominated for 
Vice-President in the place of Burr, who had been abandoned 
by the Republican pfti^tVy ftnd discarded from the regard of 
the American people. The friends of Jefferson looked upon 
Burr not only as a rival of the great favorite of the Republi- 
can party, but as a dangerous, designing, and unprincipled 
mim. The Federalists equally despised hun as the murderer 



* Tueker'B Life of Jefferson, toL ii p. 180; Bradford's Federal QoYem- 
ment, p. 186. 
fHUdreih. 



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OV THl ITKiraD STAOB. 255 

of the last sreat lieht and pillar of Federalism, Alexander 
Hamilton, wnom he nad challenged and killed in a duel. 

The Federalists, though in the feebleness of their declining 
days, yet endeavored to make an opposition. They nominated 
Cliarles Cotesworth Pinckney, of South Carolina, for Pre- 
sident, and Bufus King, of l^ew York, for Vice-President. 
When the election took place, JeflFerson and Clinton received 
one hundred and sixty-two votes of the Electoral College, 
whilst the Federal candidates received but fourteen. 



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266 OOITBTITXTTIONAL BISTORT 



CHAPTER VI. 

THE ADMINISTRATION OF THOMAS JEFFERSON (OONTINUED.) 

On the 4th of March, 1805, commenced the second Pre- 
sidential term of Thomas Jefferson. Before the Congress of 
the nation, with an enormous assemblage of people from 
every quarter of the country, was delivered that ]jiaugural 
Address which stands unsurpassed by anything of its kind. 
Calm, philosophic, and bold, he reviews the past Administra- 
tion and the prosperity of the country with a modesty be- 
coming his unparimeled public merit and wisdom. He had 
been feithful to the principles avowed, when first the Govern- 
ment had been intrusted to his hands, and he spoke in a tone 
of high and commanding moral feeling which the world felt 
and admired. "We are firmly convinced," he says, "and 
we act on that conviction, that with nations as well as indi- 
viduals our interest, soundly calculated, will ever be found 
inseparable from our moral duties.'* He alludes with hi^h 
satisfaction to the reduction of our taxes, and believes me 
newly acquired territory will pay for itself before we are 
called upon to pay for it. He ably answers the objections to 
the enlargement of our territory, and in conclusion, he an- 
nounces that he will proceed in the spirit of those principles 
which the people of the United States had approved.* 

In the interval between the inauraration and the meeting 
of Congress, the President retired for a while to the delight- 
ful country home he had reared in the mountains of Virginia; 
here he could find relaxation and repose from the exciting 
and laborious cares of State; here he could breathe the fresh 
and invigorating mountain air of his own native State, happy 
in his quietude, happy in the free intercourse of his friends, 
and that interesting group of little children who were just 
learning to lisp a grandfather's name. In October he re- 

* See Address, Stat Man., toL ii pp. 178-6. 



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OF THB UNITBI) STATES. 267 

turned to Washington; the feelings of the statesman were 
changed; the first four years of his administration had been 
cahn and prosperous; now the aspect of political affairs 
assumed a different hue, — the sea once so smooth, began to 
rage and roughen; the sky once so clear and bright, was 
growing dark and stormy. 

Difficulties existed in the foreign relations of the country. 
The commerce of neutral nations in time of war is always 
subjected to yexation and harassments, especially from mari- 
time belligerents. Britain was exhibiting a disposition to 
restrict the commercial rights of neutral nations, with the 
assertion of principles of national law so abhorrent to the 
people of the United States as to be beyond endurance. 

Spain was in an attitude of hostility, being not only unwilling 
to settle the boundaries of Louisiana, or allow compensation 
for past outrages, but continued to give renewed provocation. 
Tunis exhibited a disposition to give us trouble, and would 
have done so, but for the timely appearance of Barron, with 
his entire fleet, which soon brought the Bey to terms. 

The United States was annoyed in its commercial rela- 
tions at this time more than any other nation. When war 
recommenced in Europe, the carrying trade of the United 
States had reached an extension before unknown, and was, 
upon the progress of the war, continually expanding. The 
vessels and cargoes of our citizens were subject to constant 
seizure and depredation. Spain seemed ever on the alert to 
capture our vessels; our trade was carried on with armed 
ships, so ereat and constant was the danger. The southern 
coast of the United States, — the very entrances of the har- 
bors, — ^were annoyed by these piraticad vessels of the French, 
Spanish, and English. 

The views entertained at this time by the British Admi- 
ralty Court added difficulty and alarm to the then excit- 
ing course of the European belligerents. The rule of war, 
recognized by the British orders in council since the year 
1756, allowed the Americans to trade with the Colonies of 
belligerents in produce or goods of every description. The 
United States and the other neutrals, — Sweeden, Denmark, 
and the Hanse Towns, — ^were rapidly becoming rich by the 
carrying trade. The belligerents had no longer merchant- 
vessels, which made the trade so exceedingly profitable to the 
neutrals. 

The British Court of Admiralty by its opinions, — suggesting 



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868 OO I IB TI T U T IO HAL HISTOBT 

that the ridi cargoee carried from one belligereiit to another, 
or carried to one port and reshipped in the same vessel, was 
a sabterfage and fitiud; that the vessels, in fact, belonged to, 
or were encaged by, the belligerents, — ^hud the gronnd-work 
for the condemnation of seyend American vessels, with their 
carjffoes of great value.* 

Congress had not met, though the day was not distant. 
The President and cabinet were in constant session at Wash- 
ington. The mind of Jefferson, amidst all these difficulties, 
was clear, unembarrassed, and comprehensive, with an eye 
ever to the future advancement of his country. It occurred 
to him that as the Louisiana purchase had been attended with 
so much success and ^ood to the counti^, that the beet way 
to settle the existing difficulties with Spam, whilst at the same 
time it would resmt in immense advantage to the United 
States, would be the oSer to purchase Florida. France, it 
was known, would favor the proposition; she and Austria 
were again at war; Spain had been in the habit of furnish- 
ing supplies to the French army, but was no longer able to 
keep up with the demands of France for her overgrown army. 
The President, taking these facts into consideration, thought 
it the very beet time to make a proposition to purchase; he 
proposed to enter upon the negotiation at once «nd leave it 
to tne wisdom of Congress to sustain and approve the effort 
if successful. 

The cabinet entertained the opinion that in regard to so 
important a question as the ac(]^uisition of a large territory, 
the proper course was to obtain the sanction of Congress, 
before any step was taken. This course was agreed upon, 
and the Secretary of the Treasury requested to prepare a plan 
for raising the requisite funds, so certain was the cabinet that 
the project would succeed. 

On the second day of December the Ninth Con- 
gress met. In view of the exciting questions which 
clustered around the foreign relations of the country, the 
Congress, the people, and the civilized world felt the deepest 
anxiety to know what course the President had taken, and 
what course he would pursue. On the next day the anxiously 
wished-for Message was presented to Congress. 

No Administration, b^ore or since, was ever surrounded 

* HilcL, second series, toL ii. p. 666 ; Tucker's Life of Jefferson, toL iL 
p. 186. 



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OF THI UHITBD STATB6. 269 

with sreater difficnltiee or embarraBsments. Our relations 
irith France, Spain, and England were exceedingly compli- 
cated and critical. The President had the satisMCtion to 
observe in both branches of the National Legislature an 
OTerwhelming Republican majori^. In the Senate the Fe- 
deralists were reduced to seven, — ^rlumer, of New Hampshire, 
Pickering and John Quinc^ Adams, of Massachusetts, Tracy 
and Hillnouse, of Connecticut, Bayard and White, of Dela- 
ware. The other members were all firm and reliable Repub- 
licans and staunch friends of the Administration. Among 
the most distinffuished, as leaders of the party, may be reck- 
oned Giles, of Virginia, and Smith, of Maryland, (GHes, it 
iq>pears, was away most of this session,) Baldwin and Jack- 
son, of Qeorgia, and Dr. Mitchell, of New York, — ^men of the 
highest order of talent, and soon occupied an enviable position 
among the leaders of the Administration. 

The Federal party was as weak in the House of Repre- 
sentatives as in the Senate, numbering not more than twenty- 
five, and they mostly from New England; humble as members 
and ordinary in intellect, they but feebly upheld the fading 
^ory of their parly. Griswold, of Connecticut, for several ses- 
sions the leader of the party, had retired; Dana, Cotton, Da- 
venport, and Smith, were there, but impotent. Josiah Quincy, 
the representative of Boston and successor of Eustace, took 
his seat as a new member, and proved a great acquisition to 
the Federal side by the talent he displayed and the virtue 
and honor which marked and distinguished the man; but the 
party was feeble and the days of its great men had passed 
away. Macon was again elected Speaker after an arduous 
struggle; the Northern Democrats, thinking it just that the 
chair should be filled from the North, endeavored to elect 
Yamum. 

Macon reappointed John Randolph chairman of the Com- 
mittee of Ways and Means, the probability of which had 
been a great cause of the violence of the Northern Republi- 
cans to the re-election of Macon; and Randolph was at once 
in opposition to a large number of his party who refused to 
acknowledge him any longer as a leader. Randolph was 
evidently in a dissatiraed and restless position; his influence 
with his party had ended; his association and intimacy with 
the Presiaent had passed away, and he stood a solitary monu- 
ment of his own stubborn and refractory spirit. 

On the 6th of December the President communicated to 



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260 CONSTITUTIONAL HI8T0BT 

1305, GongreBS, a confidential Message on the subject of 
our relations with Spain. This Message was referred 
to a select committee: John Randolph, bj the inflaence of 
the Sonthern portion of the Republican party, was made 
chairman. The appointment was rather nnfortnnate ; Ran- 
dolph at once becan to show he could no longer be relied upon 
as the friend of the Administration; and about this tmie 
occurred that separation between him and the Administra- 
tdon, between him and Jefferson personally and politically, 
which proved to be continuous as well as bitter. He was a 
loss to the Administration; his endowments as a public 
speaker, his oratory, his fearless denunciation, made him 
one of the most remarkable men of his day. He was not, 
however, without his faults, and the unbounded influence he 
once exerted melted away before the haughty, sour, and un- 
compromising temper which he of late always exhibited. 
Domineering with his associates, headstrong and intractable 
with the Executive, he was destined ta enjoy out a brief popu- 
larity. Opposition was alone suited to his mind, he could 
not originate a measure; he never did identify himself as the 
patron of any great bill. His wit, sarcasm, boldness, and 
temper, were first brought into exercise when he entered 
Confess in 1779, and found himself in the minority, as he 
indmged his peculiar fitness to oppose and pull to pieces 
everything appertaining to the majority. When not in the 
minority ^^ he felt the msadvantage of his new situation and 
sighed for the occasions he had once enjoyed, which better 
suited the character of his mind and disposition and were 
more propitious to his form." 

It is said, displeased at Jefferson's backwardness in sup- 
porting his radical though violent course, and the leaning 
which the President exhibited towards Granger and the other 
Northern Republicans at the time of the excitement about 
the Yazoo purchase, first irriated and rendered him dissatis- 
fied with the Administration, — doubtlessly he exhibited many 
signs of disquietude at that time.'*' 

A distinguished biographer of Jefferson states that Christo- 

Eher Clark, one of Randolph's colleagues and warm admirera, 
eing of the opinion that the mission to England would be 
acceptable to him, applied to the Executive to give him the 
appointment ; but it received no favor either from Jefferson 

* HUd. Hist United States, second series, voL iL p. 666. 



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OF THX UNITED STATES. 261 

or Madison. Thej knew enough of Randolph to be satisfied 
that his temper unfitted him for the place. Clark ur^ed his 
nomination, as did several other colleagues of Randolpn; the 
Executive refused positively. 

'^ Although/' says Tucker, '^ Randolph had no agency in 
this application, and perhaps had not even been privy to it, 
yet the application and its rejection were soon made known 
to him, ana to his proud and resentful spirit the ofience was 
the same as if the refusal had been to himself. He was soon 
afterwards found in the ranks of the opposition, — ^to which he 
was most cordially welcomed, and a large portion of the pub- 
lic had no hesitation in referring his change to his resentment, 
although the office which had been refused to him had not 
been solicited with his privity, as his friends strenuously in- 
sisted."* 

As has been stated, Randolph was chairman of the select 
committee appointed in reference to our affairs with Spain. 
On the third of January the chairman presented his report; 
it noticed, in detail, the many injuries and ageres- 
sions Spain had imposed upon this countrv, which, 
in the opinion of the committee, afforded mil cause of war. 

Spain had refused to ratify the convention of 1802, nor 
would she settle the boundaries of Louisiana; she obstructed 
the trade of the American Settlements on the Tombigbee, by 
a pretended claim to exact a duty from American produce 
descending the Mobile River; and she had furthermore been 

Silty of an accumulation of wrong by repent violations of 
e territory of the United States. War is at all times 
to be dreaded: it would have been peculiarly oppressive to 
the people and Crovernment of the United States at this 
period, — the commerce of the country, so much to be valued 
and guarded, was iust expanding into manhood, which would 
have been crippled and crushed by war. We were anxious 
to pay off the war debt, which we could not for ages accom- 
plish without the revenue our commerce was then yielding, 
which was comparatively lar^e and increasing. 

These, among other considerations, induced the committee 
(even with the opinion that just cause of war existed) to re- 
commend forbearance and a continuance of peace as long as 
the honor of the nation was untouched. The committee, 
however, recommended that such number of troops as the Pre- 

* Tuoker'B Life of Jefferson, toL U. p. 190. 



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282 ooHSTrrunoNAL histout 

sident should think requisite to protect our Southern frontier, 
should be immediately raised. The reason and necessity of 
raising and dispatching troops to our Southern frontier, were 
for immediate protection to our citizens; the Spanish soldiery 
had invaded our territory, and our people had been subjected 
to injury and outrage. An animated debate ensued upon 
the report of the committee. On the same day, Bidwell, of 
Massachusetts, offered a resolution by way of substitute for 
the resolution of the committee, — ^that an appropriation of 
two millions of dollars be made for the purpose of defraying 
any extraordinary expenses that might be incurred in the in- 
tercourse between the United States and foreign nations, to 
be applied under the direction of the President, who was 
authorised to borrow it; which was ultimately to be paid by 
a continuance of the two-and-a-half per cent, additional duty 
imposed under the name of the Mediterranean Fund, but 
which would soon expire on account of the peace with Tripoli. 

The first resolution, — that which emanated from the com- 
mittee, — ^was considered objectionable by the friends of the 
Administration. It might eventually proauce war with Spain 
and ultimatelv with France. Bidwell s resolution, it was con- 
tended, would in all likelihood prevent war, by enabling the 
President to purchase Florida, which idea was for the first 
time publicly spoken of. Randolph, chairman of the select 
committee, objected to Bidwell's resolution, upon the ground 
that the Message did not ask for money. Yarnum, a warm 
and enthusiastic Republican and devoted friend of Jefferson, 
responded to Randolph, and stated that he knew the Presi- 
dent was anxious for an appropriation; he knew such to be 
the " secret wishes'* of the President.* Vamum, who spoke 
with the intimate confidence of the Executive, at once induced 
the House to reject the resolution of the committee. Both 
resolutions were warmly debated in secret session, until the 
11th of January, at which time Randolph and the new friends 
he had found for his association, suffered the mortification of 
seeing the voice of the committee disregarded, its resolution 
voted down by seventy-two to fifty-eight, — ^the Republicans 
voting against it because they wished to sustain the resolution 
of Bidwell. 

The debate in secret session was continued on Bidwell's 
resolution for two weeks. It was opp9sed by the Federal- 

* Hild. Hiat, seoond series, toL ii p. 670. 



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OF THB UHITBD 6TATB8. 268 

ists, — Randolph, whether belonging to their party or acting 
with them, it matters not, was the cnief and foremost spokes- 
man, and their leader in debates. He exerted himself to 
restrict the extraordinary expenses spoken of in the resolu- 
tion for the purchase of the Spanish territoir east of the 
Mississippi, which embraced Florida. The House rejected 
that portion of Bidwell's resolution which proposed a con- 
tinuance of the Mediterranean duties for the purpose of 
meeting the appropriation. The bill was ultimately passed 
as offered, with the above exception. Two millions of dollars 
were appropriated for '^anj extraordinary expenses which 
may be incurred in the intercourse between the United States 
and foreign nations.'' The Federalists had endeayored to 
make it read, the " expense which may be incurred in the 
purchase of the Spanish territories lying on the Atlantic 
Ocean and Gulf of Mexico, and eastward of the Mississippi;" 
but the effort failed. An excited and interesting debate was 
protracted on the questions connected with the Spanish dif- 
ficulties, up to the 6th of February: before it closed, tiie 
minority succeeded in passing a resolution to the effect that 
the best mode of settling the difficulties between Spain and 
the United States, which originated in a great measure about 
their respective boundaries, would be an exchange of territory. 
The resolution was indefinite, and was said to be objectionable 
to the President, though it was passed by a vote of 80 to 62.* 
After this discussion had ended, it was clearly seen that 
Randolph and the Administration were at open war: the bit- 
terest terms he could invent were too mild to be applied to 
the distinguished leaders of the Administration. Yamum, 
Bidwell, and a few others eigoying the special confidence of 
the President, were often the designated marks of his venom. 
The influence of this erratic orator was of little damage to 
the Administration ; its principles were too deeply planted in 
the hearts of the American people to be shaken even by a 

g eater power than the wit, the sarcasm, or the oratory of 
Etndolph. A few weak-headed members of Congress, who 
in derison were called "Quids," were carried along with him 
for a while, bein^ induced to leave their party and forsake 
their principle, either from personal fear or personal love of 
Randolph. Q^is little disa^ection soon passed away; the 
Administration remained firm, united, and unshaken; whilst 

* Tuoker's Life of Jefferson, toL ii. p. 192; Stat Man., yoL L p. 247. 



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264 OONSTITUTIOKAL HISTOBT 

Randolph stood "solitary," though not Toiceless "in his 
woe," but "with none so poor to do him reverence." 

It was during the excitement attendant on the discussion 
of the Spanish difficulties (and it is worthy of mention, as it 
had a tendency to excite the public mind to a higher pitch of 
indignation,) that an impudent and ill-bred man, named Yrujo, 
the Spanish Minister at Washin^n, who, becoming obnoxious 

i8o«. *^ ^^ Government, his recall had been requested. 
The Minister had left Washington a short time pre- 
vious, but returning on the 15th of January, or about that 
time, Madison, in a letter, reminded him tnat the Spanish 
Government, in reply to a request for his recall, had de- 
sired, — ^as leave to return had already be4|a8ked for by the 
Minister, — ^that his departure should rest on that ground. 
This arrangement met the approbation of the Executive, and 
the Spanish Minister was informed, though it was not required 
that he should leave the country at so inclement a season, his 
presence was "dissatisfactory to the President." 

Yrujo made two replies to this letter : in the first he in- 
sisted on his right to remain as an individual and as a public 
Minister ; he was engaged in no plot against the Government, 
and had a right to reside in the City of Washin^on, which he 
would do as long as it suited him. In another letter, he 
informed the Secretary of State " that the Envoy Extraor- 
dinary and Minister Plenipotentiary of his Catholic Majesty 
near the United States, receives no orders except from his 
sovereign;" contending at the same time that his diplomatic 
rights had been invaded. The conduct of this man had been 
objectionable to our Government; the President and cabinet 
had acted with exceeding mildness and forbearance ; his recall 
had been requested by this Government, yet as the Minister 
had requested his recall previously, the president consented 
that his departure might be placed on that footing. We 
were in imminent peril of a war with Spain. Peace was our 
policy, and the President was determined to maintain it if it 
could be done with honor. Our relations vrith other coun- 
tries were also greatly entangled, and Jefferson and his cabi- 
net felt resting upon their shoulders the great responsibility 
of maintaining an amicable position with the world. This 
affair with the Spanish Minister was passed by without notice 
from the Executive, probably as unworthy of consideration, 
in reference to the other matters existing between Spain and 
the United States. It was in truth a matter of little moment ; 



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OF THB UIOTBD 8TATBS. 265 

the President so considered it, and nothing more would have 
been thought of it, had not John Quincj Adams, in a fit of 
imprudence, introduced a bill into the Senate to prevent 
foreign Ministers from abusing their privileges as such, and 
giving the President authority to order their departure in 
certain cases. The bill never passed : there was no necessity 
that it should; if the President cannot remove a Minister 
actually dangerous, he can take such steps necessary to avert 
the danger, and upon application to the Government he re- 
presents, he can have him recalled ; indeed, the comity exist- 
mg among nations will always induce a Government to recall 
a Minister wheuAis conduct becomes disagreeable or unplea- 
sant to the Court- near which he resides. 

The attention of the reader will be called from laoc 
the vexations of Spain to circumstances more mo- 
mentous, and difficulties far more imposmg. Our relations 
with England had assumed a dangerous character. In addi- 
tion to the difficulties about impressment, we had to contend 
against the doctrine laid down by the British Admiralty Court, 
in the most stringent terms, in reference to our carrying trade. 
British officers, cruel and insolent and arrogant, had long been 
in the habit of boarding American vessels and taking there- 
from the hardy but devoted American patriot and sailor, and, 
under the pretence that he was a British subject, tearing him 
from the service of the stars and stripes and that proud flag 
it was his joy to bear unmolested to the ports of the world. 
More than three thousand sailors, it has been estimated, 
were taken from American vessels and forced into the Bri- 
tish service. No outrage could be more enormous, and it 
demanded instant attention; the consideration of which was 
more pressing upon Congress, inasmuch as it had been often 
laid before the English Ministry, and received but little en- 
couragement. This doctrine, which found its origin in Eng- 
lish cupidity, was attended with more hardship to the United 
States navy than that of any other country; the same lan- 
guage, personal appearance, manners, and customs would, as 
it did, often lead to the greatest oppression and outrage. The 
reason adduced by the English Ministry was that their Govern- 
ment had the right to capture their own sailors, wherever 
found; but it is known that the English naval officers never 
confined themselves to the capture of their own citizens. 

Our Minister, Monroe, had ably discussed this question at 

Vol. L— 18 



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266 OONSTITUTIONAL HIBTOBT 

the Court of St. James. Oar position was, that a neutral flag 
on the high seas was a safeguard to those sailing under it. 
Upon this principle of justice we planted ourselves, and no 
force of argument could alter our determination; with all 
the ability of English statesmen and English diplomacy, we 
remained firm and immovable. 

The other question of difficulty which presented itself was 
in reference to the carrying trade. France and England, 
with other European powers, were at war; the navy of the 
belligerents was useless for this trade. We were neutrals, 
and our enterprising commercial men embraced this golden 
opportunity for supplying the belligerents with all articles of 
trade and commerce. England objected to our furnishing to 
France, for example, breadstufis brought from the French 
Colonies, which, by the European colonial system, we could 
not touch in times of peace. Did war increase the rights of 
neutrals and give us the right to carry from one French or 
Spanish port goods which in peace times would have rotted 
on their wharves if they had not the means of transportation? 
The necessities of war might induce the opening of different 
ports, yet it had not been done. A subterfuge was adopted, 
which obtained the sanction of the British Admiralty Courts. 
An American vessel would take from a French colonial port 
a cargo, intended no doubt for the Mother Country, bring it 
to New York, the cargo is landed, duties paid, the carco re- 
shipped, a bill of lading from our own port is produced, and 
the vessel sails for some French port. When the cargo had 
been honestly purchased, there could be no objection legally 
or morally; but it was rarely the case that an American, who 
had made a bona fide purchase, brought his goods to New 
York, and then resnipped to France. 

Many vessels, however, tempted by the richness of the 
prize, boldly braved every danger and sailed directly from 
the port of one belligerent to another. When caught they 
were invariably condemned by the Admiralty Court. Many 
remonstrances from citizens, companies, and towns, were con- 
stantly pouring in upon the Executive asking relief. This 
formed another grave and serious difficulty; the sanctity of 
our flag had been invaded, the rights of our merchants had 
been trampled upon, and our injured citizens were crying for 
relief. The opinion of many was that we were engaged in an 
unlawful trade, and that we had no right to ask for indemnity. 



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OF THB UNITBD 8TATB8. 267 

Our Secretary of State, Madison, maintamed with great force 
the right of our citizens to engage in this carrying trade. He 
took a high position, it is true, and such is generally the right 
one : — 

"The right of taking neutral vessels engaged inlhis kind 
of trade, under all the circumstances, was a principle of mo- 
dern date; it was not sanctioned by national law, for it was 
maintained by no nation but Great Britain. She assumed it 
in the pride of her maritime ascendency, but it had met with 
no countenance elsewhere. The regulations on this subject 
were very unsettled, and were constantly being modified.* 

"The principle is contrary to the interest of commercial 
nations, as well as the law of nations settled by the most 
approved authorities, which recognized no restraints on the 
trade of nations not at war with nations at war, other than 
that it shall be impartial between the latter; that it shall not 
extend to certain military articles, nor the transportation of 
persons in military service, nor to places actually blockaded 
or besieged. 

"The principle is both contrary to reason and to right, 
inasmuch as the admission of neutrals into a colonial trade 
shut against them in times of peace may, and often does, 
result from considerations which open to neutrals direct chan- 
nels of trade with the Parent Country, shut to them in times 
of peace, the legality of which latter regulation is not known 
to have been contested; and inasmuch as a commerce may 
be, and frequently is opened in time of war, between a Colony 
and other countries from considerations which are not incident 
to war, and which would produce the same effect in a time of 
peace; such, for example, as a failure or diminution of the 
ordinary sources of necessary supplies, or new terms in the 
course of profitable interchanges. 

"It is particularly worthy of attention that the board of 
commissioners jointly constituted by the British rftnd Ameri- 
can Governments, under the seventh article of the treaty of 
1794, by reversing condemnations of the British courts founded 
on the British instructions of 1798, condemned the principle 
that a trade forbidden to neutrals in time of peace could not 
be open to them in time of war.^f 

♦ Rob. Admiralty Reports, toI. iy. Appendix. 

f American State Papers, toL t. p. 215. Madison to Monroe. 



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268 OOKSTITUTIONAL HISTOBT 

Such were the views and argoments sent to the American 
Minister in London, with instructions to urge them before the 
English Ministry. 

Whilst this subject was agitated before the English Minis- 
try, and^apparently without effect, a more efficient course was 
adopted by the Executive. A communication from 

1806^^' the Minister at the English Court was received, the 
character of which is unknown, as it was never made 
public ; it was sent to Congress, accompanied by various me- 
morials from the maritime towns, remonstrating against the 
British doctrines as well as detailing their loss. 

29 -^ ^^^ ^*y^ ^^^^^ *^® Committee of Ways and 

"** * Means presented to the House a well-written and 

ably-argued report upon the subject of neutral rights. This 

report was drawn up by Madison for the President, which was 

communicated by him to the committee. 

As soon as the question was introduced into Congress it 
became a source of great excitement, upon which an animated 
debate ensued. Such subjects are peculiarly calculated to 
enlist the attention and interest of an American Congress. 
Oppression and outrage first excited our forefathers to resist- 
ance, and paved the way to freedom. The American mind, 
trained in the school of liberty, right, and justice, takes fire 
immediately when it hears the report of injury to its fellow- 
citizens; with whose distress it mingles a sympathizing tear, 
and in whose defence it lends a willing arm and generous purse. 
The report of the Committee of Ways and Means indicated a 
highly restrictive policy upon the commerce of Great Britain. 
The report, it has been seen, was from the pen of James 
Madison, and was in unison with opinions long entertained 
by that distinguished statesman, of reducing the pride and 
haughty spirit of Great Britain to a sense of justice by severe 
and heavy taxes on her commerce. The President was known 
to concur with the Secretary of State in his opinion on this 
subject. 

Whatever effect it may have had whilst held in terrorem 
over the English Government, no policy could have been more 
injurious to the best interest of this country. 

As soon as the report of the Committee of Ways and Means 
was presented and referred to a Committee of the Whole, 
Gregg, of Pennsylvania, offered a resolution to suspend all 
forther importation from Great Britain until just and satis- 



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OF THB UKITBD STATES. 269 

factory arrangementB were made on the subject of captures 
and impressments. 

Clay, a member from Pennsylvania, with more foresight 
and consideration than Gregg, offered a series of resolutions, 
the purport and object of which were, that when American 
vessels were not permanently permitted to trade with the 
dominions of any foreign nation, the ships of such nation 
should be interdicted the like trade with the United States ; 
that all merchandise which American vessels were prohibited 
from importing into any port of a foreign nation, should not 
be exported from the United States in vessels of such nation ; 
that such merchandise as American vessels were interdicted 
by foreign nations from exporting from any part of their do- 
minions, should not be imported into the United States in the 
vessels of such nation ; and finally, to retort the policy of the 
British Navigation Act, that no foreign vessel should be per- 
mitted to import into the United States any merchandise 
which was not the product of such nation, except it was ex- 
pressly permitted by treaty or in time of war. 

Nicholson offered a resolution which seemed less at war 
with the commercial interest of the United States. It was 
to prohibit certain specific articles of English growth or 
manufacture, embracing all fabrics of leatner, tm, hemp, 
brass, flax, silk, glass, fine cloths, silver-wares, beer, hats, 
nails, paper, — ^these and other like articles the mover very 
justly preferred to the preceding motion, as it would not have 
so injurious an effect upon the revenue, nor would its opera- 
tion upon the class of consumers be so oppressive. Congress 
was well united upon a determination to pass some retaliatory 
law, though the members differed as to the most efficient plan, 
and one, at the same time, less injurious to our own commer- 
cial interest. 

Crowningshield, of Massachusetts, likewise offered a reso- 
lution to the effect that no merchandise should be imported 
or exported to or from any European Colonies in America, 
unless the importation in American vessels was at all times 
admitted into said Colonies, and unless the exportation of the 
said Colonies was permanently permitted to Ainerican vessels 
sailing to the United States. 

Within a short time thereafter Sloan, a member from New 
Jersey, offered a resolution providing, in effect, if the British 
Government did not, within a prescribed time, restore every 



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270 CONSTITUTIONAL HISTORY 

American seaman who had been impressed, and every Ame- 
rican vessel that had been detained contrary to the law of 
nations, and likewise make compensation for past detention 
and illegal condemnation, all intercourse between the two 
countries should cease. 

The same spirit actuated the Senate* Smith, of Maryland, 
chairman of a committee to whom the subject had been re- 
ferred, reported a bill for the heavy imposition of duties on 
many and various specified articles. 

The diflFerent House resolutions were all referred to a Com- 
mittee of the Whole. They were warmly debated for some 
days, when, being brought up on the 17th of March, the House 

1806 agreed to the policy of prohibiting specified articles 
of British growth or manufacture by a vote of 87 
to 85. On the 28th of March the bill laying prohibitions, in 
accordance with the resolution previously offered by Nicholson, 
passed the House by a vote of 93 to 82.'*' The same bill passed 
the Senate on the 15th day of April by a vote of 19 to O.f 

The Federal party generally acted against the resolutions. 
In the House, however, twelve of the Virginia delegation, Mr. 
Eppes (son-in-law of the President) among the number, voted 
against the bill. 

The leader of the minority in the House on this important 
question was John Randolph, of Virginia, who, though no 
Federalist, was on this occasion the chief on whom they 
rested. Randolph's opposition to the Administration made 
this apparent alliance with the Federal partv inevitable, 
though in reality no truer or bolder State-rights man was 
ever seated in the halls of Congress. 

These restrictive and prohibitory measures may sometimes 
have the desired effect in bringing a nation to a sense of jus- 
tice and propriety; no doubt, it stayed the hand of English 
outrage in reference to the United States; under its influence 
there was even an effort to effect a treaty. Yet but little doubt 
remains that they are attended with more harm than good. 

The Government, with a view to ultimate defence, appro- 
priated $150,000 for fortifying the ports and harbors, and 
^250,000 for building gun-boats. 

* House Journal, 1805-6; Tucker's Life of Jefferson, Stst. Man., yol. i. 
p. 247 ; Hild. Hist, of U. S., second series, yol. ii. p. 574 ; Garland's Life 
of Randolph, toI. i. p. 213. 

f Journal of the Senate, 1805-6. 



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OF THE UNITBD STATES. 271 

There were other questions of importance which engrossed 
the attention of Congress during the balance of the session. 
One especially, exceeded by no other in magnitude, taken in 
its present or future bearing upon the welfare of this Govern- 
ment. The question of the construction of a natioiial road 
from Cumberland, in the State of Maryland, to the State of 
Ohio, had for some time agitated Congress. The act con- 
structing this road and paying for it out of the 
Treasury of the United States passed the House 
on the 24th of March, by a vote of 66 to 50. The act made 
an appropriation of $30,000, which was the initiatory step of 
internal improvements by the General Government. It met 
with decided opposition, passing as it did by a majority of 
only sixteen. The opponents of this bill contended that it 
was unconstitutional ; nor is there anv guaranty in the Con- 
stitution for the construction of roads (except post-roads;) 
the consent of the States of Virginia, Maryland, and Ohio, 
through whose territory the road passes, was obtained. If 
Congress has no power to make roads, the consent of a State 
can grant no right. The great objection to the exercise of 
this power is, that it is not authorized by the Constitution. 
The great mischief that may occur from it is its being the 
cause of local jealousy; the means of wasting the resources 
of the nation in costly, and ultimately useless and senseless 
undertakings ; the source of the great extension of the influ- 
ence of the General Government, which is liable to every 
principle of corruption, if the extension itself be not the 
acme of corruption, with the liability and facility of bribery 
to the States, as well as their delegates in Congress; and 
finally, the boundless field of operation on which the money 
of our National Treasury may, and will be wasted, limited 
only by the cupidity of the States and the extent of the 
means of our treasury. The bill received the approbation of 
Jefferson ; and it is ever to be lamented that he did not add the 
sanction of his Administration and the lustre of his name to 
the opposition of this principle, then, for the first time, rear- 
ing its frightful head in the halls of Congress. If this, — 
the first bantling of the most dangerous exercise of power, — 
had been exterminated in its infancy, for years, perhaps for 
ages, we might have escaped the venomous breath of this ser- 
pent in our modem Eden. 

This question has continued from that day down to the 



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272 CONSTITUnONAL HISTORY 

present moment to be the subject of party discussion and 
angry debate; and I regret to say, the reader will find the 
tendency to the development of this system increasing, uid 
its exercise sometimes alarming. 

During the latter part of this session, a question of much 
moment and interest was brought to the attention of Con- 
gress, producing no little excitement in regard to the faith 
and honor of the Government, which many supposed to be 
involved; the question was the connection with Miranda's 
expedition against Spanish America. 

The bold and successful steps which had been taken by 
the North American Colonies, — the result of the war of the 
Revolution which freed the United States from English 
tvranny,— doubtless had a decided effect upon the South 
American Provinces in exciting and moving the minds of the 
people towards a similar effort. In such times there is never 
wanting anxious and often suitable characters, who, throwing 
themselves upon the popular current, secure the great object 
and desire of the people, and frequently a well-earned title 
to fame for themselves. Though success did not follow the 
exertions of Miranda, yet as our Government was unjustly 
implicated with the plans he advocated, a short notice of this 
remarkable man will be pardoned by the reader. 

Francis Miranda was bom in Spanish America, and was 
for manv years an officer in the Spanish army. He was, 
durmg the time he held office in the army, detected in a plot 
against the Spanish Government. It being necessary that 
he should fly, he made his escape to Europe; he visited the 
English and Russian Courts, presenting to them plans, which 
they received favorably, for revolutionizing the Government 
of the Spanish Colonies. 

This restless Spaniard went over to Paris : there he con- 
nected himself with the Girondists. On the the breaking out 
of the war, he was made a General of Division ; owing to 
his conduct at the siege of Maestricht and the battle of Ner- 
winde, he fell into disgrace, and was ultimately imprisoned 
by the successful Jacobins. He was set at liberty in 1794, 
with orders to leave France ; twice after this he returned to 
France. In 1804 he was in Paris, when accusations were 
brought against him as being unfriendly to the Government 
of Bonaparte, when he was sent off for the last time. 

It was long a cherished object with Pitt to aid the South 



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Of THB UNITBD 8TATBS. 278 

Americans in their efforts of emancipation from Spanish 
thraldom; his keen powers of observation opened to his 
mind the lucrative commerce Great Britain would be enabled 
to carry on with the Provinces, could they be disencumbered 
from Old Spain, and their commerce unshackled by Euro- 
pean politics. The British Ministry had encouraged Miranda 
in his designs against the Government of Venezuela; they 
granted him very efficient aid in the unfortunate expedition 
he fitted out in 1801 against that country. 

It was in the early part of the jrear 1806 that Miranda 
visited this country, with letters of introduction to Jefferson. 
He made but little concealment of the purpose of his visit, 
which was to raise and equip an army to revolutionize the 
Spanish Province of Caraccas. His preparations were made 
for this expedition chiefly at New York, though Miranda was 
often in Washington and upon habits of intimacy with Jeffer- 
son and Madison. It is unknown, and immaterial, whether 
he communicated freely with the President and Secretary of 
State or not ; doubtless they were apprised of his plans and 
gave him their sympathy; more they could not do without a 
violation of national faith towards Spain, — ^besides, the im- 
policy of an act evidently hostile, whilst we were endeavoring 
to treat with Spain and produce reconciliation between that 
Government and the United States. Much excitement, how- 
ever, prevailed among the people of the United States 
towards the Government, which it was thought was assisting 
Miranda. This opinion was strengthened by the fact that 
the act prohibiting the exportation of arms was repealed at 
this time, and many thought for Miranda's benefit. ^^ It is 
certain," says Hildreth, "at least, that a Mr. Ogden, of New 
York, whose ship (the Leander) was chartered by Miranda, 
and W. S. Smith, John Adams's son-in-law, who held at 
that time the lucrative post of Surveyor of that port, and 
who was engaged in furthering Miranda's preparations, both 
believed that he was secretly countenanced by the Govern- 
ment." 

The Leander left New York with Miranda, a supply of 
arms, and several hundred men, who had enlisted for the 
expedition. The matter was soon much talked about ; the 
Government feeling uneasy, lest they might be compromited 
with Spain, ordered a prosecution against Ogden and Smith. 
The defendants memorialized Congress, acknowledging that 
they had been engaged in the enterprise, and that they had 



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274 CONSTITUTIONAL HI8T0BT 

strong reasons to believe, from the representations of Miranda, 
that the Government was secretly giving him encouragement 
and support. A resolution passed the House by a large 
majority, — a few of the Federalists voting to the contrary, — 
asserting their belief that there existed no reason or evidence 
to sustain these unjust imputations on the Government. 

It is a memorable fact, notwithstanding the resolution of 
the House, that Ogden and Smith were acquitted by a jury, on 
the ground that the Qt)vemment had countenanced the enter- 
prise. The cabinet Ministers at Washington were summoned 
as witnesses. The President interposed his authority to pre- 
vent, and did prevent them from attending, upon the ground 
that they were needed in the cabinet, and could not leave 
Washington. These facts were calculated to make an impres- 
sion on the people, as it did, that the Executive had connived 
at this undertaking. It is clear, however, beyond dispute, 
that Miranda obtained no money from this Government, but 
that the funds were furnished by the British Ministry.* 

j^^ That it was an object of cupidity with the British 

MinistiT, is evident from the fitting out of an expe- 
dition, after the failure of Miranda, which, under Sir Home 
Popham, entered the La Plata on the 25th of June. The 
object of this expedition was not to assist the Colonists to 
revolt, but to subjugate the country ; the commanders, in their 
instructions from Wyndham, were directed to discourage any 
other hope than that of their being annexed to the English 
Orown.f The justice and policy of this question, as far as 
the United States Government was interested, were obviously 
an entire avoidance of everything connected with it, espe- 
cially as hostile feelings were rife between the two countries, 
without the further addition of a most unjustifiable outrage, 
had it ever taken place. The philanthropist must ever wish 
the disinthrallment of a nation from the hands of tyranny ; 
and doubtless the President gave Miranda his sympathy; 
beyond that no evidence exists to attach even the slightest 
blame to the Executive. 

The wishes and feelings of the cotemporaries of JeflFerson 
were decidedly in favor of Miranda's earlier schemes, and 
were in correspondence with him,— especially Hamilton and 



♦ History of Spanish America, by Niles, p. 90. 

f Ibid., and the Trial of Popham, and the documents annexed to the 
Trial of Whidock. 



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OF THB UKITBD STATB8. 275 

Knox; the correspondence shows the feeling of thoise men at 
the tune of an earlier visit Miranda made to this country, 
which >wa8 about the year 1797.* 

The difficulties existing between England and the 
United States continued a source of much excite- 
ment and interest. The Executive was not free from fearful 
anxiety in reference to the influence of the disaffected wing 
of the Republican party. The disaffection of Randolph, 
which manifested itself in a strong partiality for England, 
created serious apprehension on the mind of the President 
in reference to an amicable adjustment of our foreign affairs. 
"A majority of the Senate," says Jefferson, "means well. 
But Tracy and Bayard are too dexterous for them and have 
very much influenced their proceedings. * * * Seven Fede- 
ralists, voting always in phalanx, and joined by some discon- 
tented Republicans, some oblique ones, some capricious, have 
often made a majority, so as to produce very serious embar- 
rassment to the public operations; and very much do I dread 
submitting to them at the next session any treaty which can 



* As a matter of history perhaps but little known, it may not be im- 
proper to notice the letters of Miranda at that time, which indicate the 
opinions of those addressed as well as the writer. April 6th, 1798, 
Miranda wrote to Alexander Hamilton, — ** This, my dear and respected 

friend, will be handed to you by my countryman, Don , who is 

charged with dispatches, of the highest importance to the President of 
the United States. He will tell you confidentially all that you wish to know 
on this subject. The only danger which I foresee, is the introduction of 
French principles, which would poison our liberty in its cradle, and would 
finish by destroying yours." Whilst this exploit was being agitated, it is 
remarkably str-ange that in July, 1798, Generals Hamilton, Pinckney, and 
Knox, were appointed Major-Generals in the standing army raised that 
summer, nominally for the purpose of repelling a French invasion at a 
moment when France had not a ship-of-war on the ocean, and whilst British 
squadrons were hovering on her whole coast. October 19th, 1798, Mi- 
randa again wrote to Hamilton, — ** Your wishes are in some sort already 
accomplished. Seeing it has been agreed here on one side not to employ 
in the operations on land English troops ; seeing that the auxiliary land 
forces are to be exclusively American, while uie naval force shaU be 
purely English, — everything is smooth, and we wait only the fiat of your 
iUustrious President to depart like lightning.'* To General Knox he wrote 
on the same day, in which he expresses his delight at Knox's nomination 
for General in the Continental army, — **It would appear," he says, "that 
your wishes are at length aceomplishedy and that every possible circumstance 
18 united at this moment in our favor." These parties have all passed f^om 
the stage of life, and the question is no longer of moment ; yet it is sur- 
prising that the administration of John Adams should be connected with 
such an enterprise. Miranda addressed Mr. Adams, but it does not appear 
that he ever made an answer. ( Vide Memoirs of Burr, voL ii. p. 879.) 



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276 CONSTITUTIONAL HI8T0RT 

be made with either England or Spain, when I consider that 
five joining the Federahsts can defeat a friendly settlement 
of our affairs."* 

The Senate consisted at this time of thirty-four members; 
two-thirds were necessary to the ratification of a treaty, which 
required twenty-three. There were in the Senate seven Fede- 
ralists, and the union of five disaffected Republicans could 
defeat any treaty the Executive might make. The grounds 
of difficulty the rresident had to encounter with the Kepub- 
lican party were in reference to the course to be pursued 
towards England and Spain. The feelings of the President 
inclined warmly to France. Many who had espoused her 
cause as that of civil liberty had lost their ardor after Napo- 
leon had exercised the prerogative of Emperor, under the 
title of first Consul. But when he threw aside the form and 
name of a Republican, and when all France bowed in humble 
acquiescence, the hopes, the admiration, and the feelings of 
many of the American people were turned to hatred and dis- 
gust. The outrages England had committed, and was com- 
mitting, had excited the Executive as well as the American 
people. The angry contentions and distractive war between 
England and France could not fail to enlist partisans in Ame- 
rica, though we were a neutral people. The many excesses 
of the French alienating the affections of the Americans, 
pi^duced an alteration of feeling which, as it was increased 
towards France, was equally inclined towards England. 

Spain, too, had to be conciliated; we had been on the verge 
of war with her. The President saw the policy of maintain- 
ing friendly relations with France, whose language was, — "A 
last friendly settlement with Spain is proposed to be made at 
Paris under the auspices of France, "f To effect which treaty 
the President appointed Messrs. Boudoin and Armstrong (both 
then at Paris) joint Commissioners, the former being then 
Minister to Spain. Armstrong's nomination was not con- 
firmed by the Senate. The commission would have resulted 
in no good if it had been, the two Commissioners being of 
opposite sentiments, and Armstrong particularly obnoxious 
to the French, an open rupture womd have taken place be- 
tween the two Commissioners. 

The most pressing engagement upon the Government at 

♦ Letter to W. C. Nicholas, April 13, 1806 ; Jefferson's Works, toI. iv. p. 47. 
t Letter to W. C. Nicholas, March 24, 1806 ; Jefferson's Works, toL ir. p. 46. 



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OP THE UNITED STATES. 277 

this time was the negotiation with England. The death of 
Pitt in January of this year, and Fox, the leader of the Whig 
party, being then in the Ministry, induced JeflFerson to enter- 
tain more brilliant hopes of an amicable adjustment of our 
difficulties. Fox was always inclined to amicable relations 
with the world, and often devoted the great powers of his 
mind to a general peace in Europe. JeflFerson knew him per- 
sonally and spoke in the highest terms of his honesty; and 
said, — "While he shall be m the Administration, my re- 
liance on that Government will be solid." To carry out the 
wishes of the Government and secure a favorable negotiation 
with England, the President associated with Monroe, then 
Minister to England, William Pinckney, of Maryland. This 
appointment was highly judicious; no one enjoyed a higher 
reputation not only as a diplomatist, but as a lawver, a states- 
man, and orator, than William Pinckney. Amidst this de- 
tail of history it is pleasant and instructive to turn to a 
general view of the political parties of this day, and the em- 
barrassments they sought to throw around the Executive. 
By Pinckney the Presiaent had an opportunity of communi- 
cating freely and fully with Monroe, to whom ne addressed a 
long communication. 

He alludes to the desertion of Mercer, a member of Con- 

fress from Virginia, who soon became identified with the 
ederalists. Randolph, he said, was in the same track, 
whose disaflfection produced momentary astonishment and 
even dismay, but for a moment only. He indicates to Mon- 
roe that Randolph is advocating his pretentions to the Presi- 
dency, but warns him against his friendship. 

The change in the Ministry became highly favorable to our 
Government. He clearly indicates the opinion he entertains 
in reference to the policy of the two countries, none having 
BO many points of common interest as England and the United 
States. The only rivalry that can arise bein^ on the ocean : 
"England may by petty larceny thwartings check us on that 
element a little, but nothing she can do will retard us there 
one year's growth. We shall be supported there by other 
nations, and throw into their scale to make a part of the 
ffreat counterpoise to her navy. If, on the other hand, she 
IS just to us, conciliatory, and encourages the sentiment of 
family feelings and conduct, it cannot fail to befriend the 
security of both. We have the seamen and materials for 
fifty ships of the line, and half that number of frigates^ and 



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278 CONSTITUTIONAL HIBTORT 

were France to give us the money and England the disposi- 
tions to equip them, they would give to England serious prooft 
of the stock from which they are sprung. * * * Were, on 
the other hand, England to give the money and France the 
dispositions to place us on the sea in all our force, the whole 
world out of the continent of Europe might be one joint 
monopoly. We wish for neither of these scenes.'** 

This letter, whilst it is not in conflict with Jefferson's known 
partiality for France, clearly indicates the advantages result- 
mg from a treaty of amity with England, as preferable to the 
United States, to a friendly alliance with any other people 
whatsoever. 

The American Commissioners were instructed to make no 
treaty which did not secure American vessels on the high seas 
against the visitation of English vessels. The Commissioners 
were instructed by the Secretary of State to contend that the 
right of impressment existing by mere municipal law could 
bear no autnority beyond the jurisdiction of Great Britain. 

The British Commissioners contended that the King had 
the right to require against his ma;ritime enemies the services 
of all his sub^'ects, especially if they were seafaring people, 
as well as the right to seize such by force everywhere, except 
within the territorial limits of another power; and that the 
high seas were extra-territorial; that merchant-vessels navi- 
gating thereon did not carry any foreign jurisdiction to pro- 
tect British subjects from the authority of the King. In this 
they were sustained by the Board of Admiralty, and they 
stated that they could not give it up. The British Commis- 
sioners were yet willing to negotiate satisfactorily with the 
American Commissioners, with the exception of the relin- 

?uishment of the right of impressment, and Monroe and 
inckney were requested to point out anything short of such 
relinquishment, but this they could not do. 

The American Commissioners insisted upon an absolute 
relinquishment. On the other hand, it was proposed to them 
that laws should be enacted by both nations, making it penal 
for British commanders to impress American citizens, and 
also penal for any o£Scer of the American Government to 
ffrant British subjects certificates of citizenship. This the 
American Commissioners were compelled to refuse. It would 

* Jefferson's Letter to Monroe, whilst the latter was Minister to England; 
Jefferson's Works, toL It. p. 51. 



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OF THB UNITBD STATES. 279 

overthrow the American doctrine of the right of naturalisa- 
tion, which has enticed so many people from the oppression 
of tyranny of the Old World to the freedom of America, 
where they not only become good citizens, but contribute 
largely to the agricultural and commercial development of 
the States. 

Although the British negotiators would not give up the 
right of impressment, it was manifest they were anxious to 
conclude a treaty. They even consented that special instruc- 
tions should be given and enforced for the observance of the 
greatest caution against subjecting any American-bom citi- 
zen to molestation or injury, and in case of injury the redress 
should be efficient and prompt. This appeared like approach- 
ing the American claims, yet it did not decide who were Ame- 
rican citizens. 

The above assurances were committed to writing, with the 
suggestion that while both parties reserved their rights, this 
stipulation might answer temporarily all the purposes of a 
.treaty. It appears that whilst the British Commissioners 
would not allow the surrender of the right of impressment, 
the American Commissioners were given to understand that 
the intention of the British Government was not to allow 
impressments from American vessels, except under extraordi- 
nary circumstances, as if the British Government was willing 
gradually and silently to abandon the practice. 

It seemed as if every concession short of the actual aban- 
donment of the right of impressment had been obtained, 
upon which question the United States, though not obtaining 
its just rights, had been placed upon grounds more favorable 
than had been ever before enjoyed. 

In consideration of the vast commercial losses which daily 
visited the American citizen, the fear, though unjust, that we 
were unable to resist the English naval force, and in imitation 
of the example of Jay and the commission to France in 1799, 
our Commissioners determined to proceed with the negotiation, 
having first informed the British Commissioners that they did 
80 on their own responsibility, and with the reservation of the 
Government at home to ratify or not. The great difficulty of 
the question of impressment being removed, the terms of the 
treaty for ten years were soon agreed to. It was based prin- 
cipally upon Jay's treaty, with some more liberal concessions 
in favor of the commerce of the United States. The treaty 
conceded the right to transport in American vessels to any 



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280 OOKSnTUTIONAL HISTORY 

belligerent Colony, not blockaded by a British force, any Eu- 
ropean goods, except contraband of war ; provided the same 
were American property, had previously been loaded in the 
United States, and paid a duty of at least one per cent, above 
the amount drawn back on re-exportation. The treaty, as 
signed by the American and British Commissioners, was im- 
mediately transmitted to Washington. The hopes of the 
mercantUe community were raised to the highest pitch by the 
announcement; yet they were doomed to sudden disappoint- 
ment; Jefferson determined at once to reject it. It was 
equally objectionable to the sound national views of Madison, 
then Secretary of State. The rejection of this treaty caused 
the bitterest excitement on the part of the Federalists, who 
looked upon Jefferson with a habitual hatred as strong and 
intense as the Sound-heads had ever entertained towards 
Charles I. Jefferson was reviled most unjustly. The Fede- 
ralists seemed to think that hatred to England formed the 
chief bond of union with the Republican party, and that 
their leaders were influenced by a partiality for France, which 
carried them beyond the bounds of patriotism or prudence. 
The written opinions of Jefferson and Madison are too well 
known to suffer detriment from an idea so unfounded. 

In the letter above quoted to Monroe, his opinions are 
clearly set forth, indicating his desire for a permanent peace 
with England. This is his language: — "The late change in 
the Ministry I consider as insuring us a just settlement of our 
difficulties, and we ask no more. In Mr. Fox, personally, I 
have more confidence than in any man in England, and it is 
founded in what, through unquestionable channels, I have 
had opportunities of knowing of his honesty and good sense* 
While he shall be in the Administration my reliance on that 
Government will be solid." This is the language held towards 
the resident Minister in London, communicated in the strictest 
privacy, in which the author even withheld his name. Is there 
not enough in it to show Jefferson's anxiety for a peace?* 

But in addition to the above the reader will appreciate the 
unanswerable reasons which existed against the ratification of 
the treaty, which of themselves would place the Executive 
beyond the reach of censure and the unjust clamor raised by 
the Federalists, in conjunction with a small fragment of dis- 
affected Republicans. 

* Jefferson's Works, toL iv. p. 61. 



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OP THB UNITED STATES. 281 

Insuperable objections existed in a commercial view to the 
treaty. In reference to the East India trade, as objectionable 
as had been Jay's treaty, this was even less favorable, onr 
vessels being limited to a direct voyage to British India and 
back. No favorable terms could be made in reference to the 
British West Indies, American vessels being then as hereto- 
fore entirely excluded. The questions of blockades and con- 
traband goods were virtually untouched, no alteration being 
made in this respect from Jay*s treaty, except an immunity 
from visitation and seizure within five miles of the American 
shore. The leading object of the commission to England was 
in reference to impressments from American vessels by British 
cruisers ; this was entirely overlooked, as far as the treaty 
itself was involved. This the President could not, ought not 
to have sanctioned; whilst it was apparent that Congress had 
looked upon the securing of this right to America as the pri- 
mary cause which suggested the necessity of an extraordinary 
mission. 

On the 18th of March Madison acknowledged the isor. 
reception of the treaty. On the 20th of May he 
communicates to the Commissioners the reasons of the Ex- 
ecutive in refusing to ratify it. The Secretary of State 
authorized our Commissioners to renew the negotiation. In 
the mean time Fox's death, which had taken place the 13th 
of September, 1806, occasioned a vacancy in the Ministry, 
which had been filled by the appointment of George Canning. 

The instructions to the Commissioners in reference to a 
Renewal of the negotiation were full and explicit. England 
must surrender the question of impressments. 

The eleventh article of the treaty, which related to the colo- 
nial trade, could not be admitted unless freed from the condi- 
tions which restrict to the market of Europe the re-exportation 
of colonial produce, and to European articles the supplies to 
the colonial market. 

The limit of a direct trade with the British Indies to and 
from America was an insuperable objection. There must be 
an express provision for indemnifying sufferers from unlawful 
captures. 

The eighteenth and nineteenth articles must be so altered 
as to leave the United States free, as a neutral nation, to keep 
and place other belligerent nations on an equality with Great 
Britain. These, with many other objections and instructions, 
were communicated to the American Commissioners. 

Vol. L— 19 



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282 CONSTITUTIONAL HISTORY 

In obedience to instructions the Commissioners addressed a 

1807 ^^^^ *^ ^^* Canning on the 24th of July, proposing 
a renewal of the negotiation, and transmitting the 
proposed alterations. The attack of the Seaford on the 
Chesapeake suspended all diplomatic correspondence until 
the 22d of October, when the British Minister replied, justi- 
fying the reservation made of the right to retaliate the French 
decrees, which had been strongly objected to by the Executive, 
and also insisting on the right of impressment. Canning con- 
eludes by informing the American Commissioners 
that it is impossible to renew negotiations upon the 
basis of the treaty which had been lately concluded.* 

The President had at a previous day asked for an appro- 
priation for building and equipping gun-boats. Congress 
refused this appropriation, but called on the President for 
information in respect to their efficiency and the number 
wanted for defence. The President immediately communi- 
cated to Congress on the subject, stating that he had the 
opinions of various military gentlemen in their favor, and 
that they were in use by every maritime nation. In refer- 
ence to the number, the President stated that two hundred 
would be sufficient, the cost of which would be from five to 
six hundred thousand dollars. An appropriation of one hun- 
dred and fifty thousand dollars was made for building thirty 
ffun-boats; the scheme proved a complete failure, subjecting 
its author to considerable ridicule and the Gk)vernment to a 
heavy expense, f 

The Message of the President had called the attention of 
Congress to a subject which at an early day of the Republic 
had engaged the most anxious and attentive consideration of 
the statesmen of the United States, — the abolition of the 
slave-trade. In tracing its history I will take a* short retro- 
spective view of its rise and development, its growth and 
maturity, until it has reached a degree of dignity, import- 
ance, and usefulness that presents it, in favorable comparison 
with the first and best institutions of the world. 

About the year 1662, England became first interested in 
the slave-trade, under the patronage of Sir John Hawkins, 
who had fraudulently transported a cargo of Africans to His- 



* Madison's Letter to Monroe and Pinckney, Am. State Papers, toI. tL p. 
265 ; Canning's Letter, ib., p. 417 ; Tucker's Life of Jeflferson, yoI. ii. p. 228. 
t Stat. Man., toI. i. p. 198. 



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OF THE UNITED STATES. 288 

paniola. The returns of sugar, pearls, and other rich and 
valuable cargoes so interested Queen Elizabeth, that upon the 
fitting out of a new expedition, she not only extended to it 
the favor of the Crown, but became a participant in the pro- 
fits. This trade, nurtured and sustained by the Government 
of Great Britain, soon became engrafted upon the Colonies. 
In August, 1620, a Dutch man-of-war ascended James Biver 
and discharged twenty negroes for sale ; and in thirty vears 
from that time, so great had become the slave population of 
Virginia that the proportion stood as one white to fifty blacks. 
This was an important event; a new problem was about to be 
worked out in reference to the social organization of man, the 
result of which, after the lapse of two centuries, is not only 
undecided, but involved in doubt, and the source of constant 
political warfare and excitement with the people of the United 
States. It was a new problem in the history of the world. 
The Ethiopian and the Caucasian, — ^the one from the torrid 
zone, the other from the regions of the north, — were to unite 
under the milder climate of the temperate; the one to be 
devoted to the soil, the other to be the master and legal owner. 
This is the institution of negro slavery in the United States; 
and whilst it is not within the province of this work to discuss 
the moral bearing of the propriety or the abstract right of 
reducing the negro to slavery, no doubt can exist in reference 
to the utility of this institution. , The race itself has received 
the most incalculable improvement, moral, social, and physical. 
The vast development of the agricultural resources of the 
United States owes to this institution its immeasurable pro- 
ductions which, in their turn, have created and sustained a 
commerce which makes the United States one of the greatest of 
modem powers ; and which has for years fed, as it now feeds 
and clothes and enriches more than half the civilized world. 
Look to the amount of breadstuffs that are made in the United 
States and consumed abroad, and the innumerable articles 
which are brought back in return ; look to the raw material 
which is worked up into the woollen and cotten fabrics which 
clothe, to a large extent, the Old World, and the reader will 
form but an inadequate idea of its vast influence in enriching, 
refining, and developing the great resources of the world; en- 
livening and expanding its physical as well as moral energies, 
to be attributed, in an eminent degree, to the institution of 
negro slavery. 

It must be evident to every reflective mind that this insti- 



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284 CONSTITUTIONAL HISTORY 

tution, — ^if unmolested by a mistaken and false zeal, under the 
guise of philanthropy and kindness for the happiest and best 
conditioned race on earth, — is the best safe^ard for the per- 
manency of a Republic like that of the United States. 

A government that recognizes an entire political equality 
among its citizens, of every class and condition, will always 
be more stable where there is a class of people with every 
political and social right, as far as the government extends, 
entirely withheld. If that class which now composes the 
negro slave did not exist, it would be supplied, as far as the 
wants of man demanded, by a portion of the citizens of the 
country; this class, as ignorant as the slave, yet doomed to 
supply his place and bound to the soil, would be a most dan- 
gerous feature in our social organization. The laws under 
which they would live make them equal citizens with the 
wealthy, the enlightened, and the patriotic, none of whose 
interest or feeling they possess. 

Envy, jealousy, hatred to their employers, soon inflame the 
worst passions of men. They feel not that domestic attach- 
ment and dependence which the negro feels towards his master, 
which is dearly mutual and mutually cherished; but under 
that true system of government which this Republic devel- 
oped, the political equality of the citizen — ^the poor citizen — 
who feels himself, if not another race, an outcast and alien, 
as he would be, will form at once naturally and inevitably a 
band of revolutionists. Their ignorance makes them the 
dupes of every dangerous and malicious doctrine ; they are 
Red Republicans in France, Chartists and Fourierites in Eng- 
land, Socialists everywhere, Mobocrats and anti-Renters in 
the United States, ready to break down every guaranty to 
individual rights, and subvert a government which holds out 
equality to the citizen, whilst the unchangeable law of nature 
demands a class to be doomed to the plough, the loom, and 
the anvil. 

The United States Government was the first to take the 
bold and decided step which commenced the abolition of this 
trade, which had done so much for the world, which had im- 
proved and cultivated the African, and was the precursor to 
Christianizing their native country. 

By the Constitution the trade could exist until the year 
1808, but a tax could be laid on the importation of each slave 
not exceeding ten dollars. 

It appears somewhat inexplicable, that whilst nearly every- 



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OF THE UNITED STATES. 285 

body took a.lively interest in slavery as it existed amon^ us, 
that the prospect of the abolition of the trade should have 
been received with such approbation. The States in their 
individual capacity had made efforts to abolish the trade, and 
in some States emancipation was assuming a popularity not 
to be resisted. In 1790, slavery existed in every State in 
this Union except Massachusetts. 

The early constitution of that State declared all men to be 
born free and equal. In 1783, it waa judicially decided to 
have the effect of abolishing slavery.* In 17o0, Pennsvl- 
vania passed an act tending to a gradual emancipation, which 
ultimately succeeded. Rhode Island, Connecticut, and New 
Hampshire imitated the example of Pennsylvania. 

New York, Virginia, New Jersey, Delaware, and Mary- 
land had passed laws prohibiting tne further importation of 
slaves. 

In Virginia, Jefferson and Wythe, acting as commissioners 
to revise the laws of Virginia, had drafted a bill for gradual 
emancipation. It came before the House in 1785, and was 
defeated. In New York even, an effort was made in the same 
year for gradual emancipation ; the effort failed. It is true, 
nevertheless, that, from North Carolina northward, there were 
many warm and influential advocates for the emancipation of 
slavery. At this period the North was not entirely 
united in reference to emancipation ; nor was the 
South fully determined how to proceed ; the slave had not fallen 
a prey to fanaticism ; the question had not reached that degree 
of importance which it was destined to receive; the institution 
had existed in every State and was partially scattered over 
the Union, Massachusetts alone excepted. Slavery, like 
everything in creation, has certain great natural laws to 
obey, a natural fitness to which it is to be subjected. It is a 
striking fact that the peculiar adaptation of slavery had not 
forcibly presented itself to the mmds of the people. Had 
Jefferson remained at home, instead of going abroad in 1785, it 
is highly probable that Virginia would have emancipated ; now 
(1858) nothing could induce it. In the same year. New York 
refused to emancipate; now, no inducement could restore 
slavery. It has been thus adjusted by its very nature. The 
negro slave belongs to, and requires a warm climate. The 
South suits him; agriculture better than any other pursuit; the 

* Hild. Hist., second series, toL i. p. 176. 



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286 CONBTITimONAL HISTORY 

South held out inducements in its sunny clime and broad and 
smiling fields ; the North being from necessity less agricul- 
tural, slavery obeyed but an inevitable law in gradually re- 
ceding ; the North was to become the seat of manufactories 
and the emporium of commerce ; these things were rapidly 
filling up the country with a dense population, which latter 
fact leads to the following conclusions in reference to slavery 
and population, the truth of which I will attest by history, 
that slavery recedes as population increases, and that it 
abates at about a certain density of population to the square 
mile. At no very distant day in the nation's history, the 
density of population in the Southern States will occupy and 
bring under cultivation all the land of the country; those 
now scarcely capable of production, will be enriched, until 
only the necessary forest will be left untouched by the hand 
of enterprise and labor. When this point is reached, the price 
of labor, compared with the cost of living, will begin to fall. 
The tendency of man to multiply, his dependence upon the 
soil for subsistence, and the limited extent of the land, whilst 
population is limited only by the supply yielded from the 
sou, renders this result inevitable. Labor, as it increases in 
a country, is cheapened; it is given in exchange for lesjs food 
or for inferior kind. It is a long time, perhaps, to look into 
the workings of the future ; but in the progressive increase of 
opulation and the progressive declension of the price of 
abor, until the slave finally attains that condition in which 
it becomes a tax to rear and support him, it is a dim eye 
that cannot read the euthanasy of slavery. 

By reference to the sixth census, it is ascertained that the 
population of the slave States and Territories had an average 
of not quite twelve to the square mile, more than one-third of 
which are slaves. It cannot be accurately defined at what 
density of population slave labor will be unprofitable; for 
whilst I shaU judge it comparatively with other countries, the 
productiveness of the soil, the climate, as well as the standard 
of comfort of the slave, are controlling elements in approx- 
imating the truth. 

In the European countries in which slavery was abolished, 
no motives are assigned, no religious scruples are proclaimed 
to the world; and where slavery is profitable they never exist. 
The conclusion must be, that it was abolished because no 
longer profitable. 

A distinguished politico-economist of the present day, in 



K 



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Of THB UNITBD STATBS. 287 

speaking of the abolition of villenage in England in 1690, 
at which time it had ceased to exist, estimates the population 
at ninety-two to the square mile. In Russia, where slavery 
exists, its population is twenty-five to the square mile; in 
those countries which have been free for years from slavery, 
the population is about one hundred ana ten to the square 
mile ; it is assumed that in England, a highly and perhaps 
the best, cultivated country on the globe, viUenage abated at 
about sixty-six to the square mile. 

In the United States, the abolition of slavery has taken 
place at a less density. In New Jersey it was only forty to 
the square mile, at which time it was thought the labor of the 
slaves did not much exceed the cost of subsistence. The 
author to whom allusion has been made, supposes from the 
abolition of slavery in the States where it has occurred, to be 
apt to take place at about fiftv to the square mile, whilst it 
would not average that in the New England States.* 

As early as 1790, the power of Congress over slavery had 
been warmly debated in the House. In Februarv of that 
year there came up from the annual meeting of the Penn- 
sylvania Quakers a petition, asking Congress if there was not 
some power the exercise of which " must produce the aboli- 
tion of the slave-trade." 

It was moved by Hartley to refer this petition to a special 
.committee; this motion was supported by Madison, Parker, • 
Page, and White, of Virginia; Lawrence, Sedgwick, Boudi- 
not, Sherman, and Gerry, likewise gave their warm support 
to the resolution. On the 12th of February, 1790, a petition, 
signed by Benjamin Franklin as president, came up from 
Pennsylvania, from what was called the Pennsylvania So- 
ciety, pra^g for the abolition of slavery. The signing of 
this petition was the last public act of a wise, good, and 
great man, who thought not, and could not have foreseen the 
folly of such a step. Franklin was a philosopher, whose 
fame is as imperishable as the roll of the thunder or the 
lightning upon the clouds; not a statesman, yet a patriot; 
and if departed spirits can be conscious of the extent to 
which this early effort has gone, it would receive no stronger 
anathema than from the breast of this departed sage. 

The petition of the Quakers was harmless, and a tax could 
be laid upon the slave imported, not exceeding ten dollars, 

* ProgreBs of the United States, hj George Tacker. 

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288 0098TITUTI0NAL HI8T0RT 

though the importation could not be prohibited prior to the 
year one thousand eight hundred and eight. The petition 
which was signed by Franklin bore upon its face an abase of 
slavery, talked about the equality of man and liberty, " the 
birth-right of all men." 

The Quaker petition was warmly debated; Tucker and 
Burke contendea that it was unconstitutional to meddle with 
slayery before 1808; Scott thought it constitutional, and he 
was violent against slavery. "I look upon it,** he said, "to 
be one of the most abominable things on earth, and if there 
were neither God nor devil. I should oppose it on principles 
of humanity and the law of nature. For my part, I cannot 
conceive how any person can be siud to acquire a property in 
another." 

Madison, Page, Gerry, and Boudinot advocated the com- 
mitment of the petition. P&ge and Madison, representing a 
large slave interest, were in favor of having a report from a 
committee, which might have the sanction of the House and 
the approval of the people. Page was a large slaveholder, 
yet he had suflScient confidence in Congress to sustain the 
Constitution, " and their disinclination to exercise any un- 
constitutional power." 

Though Congress could not abolish the slave-trade, Madi- 
son thought they might countenance the abolition of the 
traffic. Gerry went to great extremes, contending even that 
Congress might purchase and liberate the entire slave popu- 
lation, and that with the means of the United States Treasury. 

When the question was put to the vote of the House upon 
Hartley's motion, it was decided by the yeas and nays in 
favor of a reference to a committee, by forty-three to eleven. 
Of those who voted in the negative, six were from Georgia 
and South Carolina, being all the delegation present from 
those States ; two were from Virginia, two from Maryland, 
and one from New York ; North Carolina was still unrepre- 
sented. It was referred to a special committee, consisting 
of one from l^ew Hampshire, Massachusetts, Connecticut, 
New York, New Jersey, Pennsylvania, and Virginia.* Much 
time was taken up by this committee, and after a month's 
deliberation and delay, they presented a report to the fol- 
lowing efiect: — 

Ist. That the General Government was expressly restrained, 

* Journal of Congress, 1790. 



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OP THB UNITED STATBS. 289 

until the year 1808, from prohibiting the importation of any 
persons whom any of the existing States might until that 
time think proper to admit. 

2d. That by a fair construction of the Constitution, Con- 
gress was equally restrained from interferring to emancipate 
Saves within the States, such slaves having been bom there 
or havinc been imported within the period mentioned. 

8d. That Congress had no power to interfere in the internal 
regulations of particular States relative to the instruction of 
slaves in the principles of morality and religion, to their com- 
fortable clothing, accommodation, and subsistence, to the 
regulation of marriages or the violation of marital rights, to 
the separation of children and parents, to a comfortable pro- 
vision in cases of age or infirmity, or to the seizure, trans- 
portation, and sale of free negroes ; but entertained the fullest 
confidence in the wisdom and humanity of the State legisla- 
tures, that from time to time they would revise their laws and 
promote these and all other measures tending to the happi- 
ness of the slaves. 

4th. That Congress had authority to levy a tax of ten 
dollars, should they see fit to exact it, upon every person 
imported under the special permission of any of the States. 

5th. That Congress had authority to interdict or to regu- 
late the African slave-trade, so far as it might be carried on 
by citizens of the United States for the supply of foreign 
countries ; and also, to provide for the humane treatment of 
slaves while on their passage to any ports of the United 
States into which they might be admitted. 

6th. That Congress had the right to prohibit foreigners 
from fitting out vessels in the United States to be employed 
in the supply of foreign countries with slaves from Africa. 

7th. That Congress would exercise their authority to its 
full extent, to promote the humane objects aimed at in the 
Quakers' memorial.* 

Here is a clear exposition of the views of the committee, 
and here they set the example of receiving abolition peti- 
tions,— certainly in reference to Franklin's prayer, if not the 
Quaker memorial. 

Tucker was warmly opposed to this report, offering as a 
substitute a refusal to take the memorial into consideration 
^^ as unconstitutional and tending to injure some of the States 

* Hild. Hist, vol. L second series, p. 184. 

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2d0 CONSTirUTIONAL HISTORY 

of the Union." This resolution, though it found some warm 
supporters, was declared out of order. Some of the most 
distinguished Southern members were decidedly opposed to 
this Report; White and Moore, of Virginia, and Smith, of 
South Carolina, ably defended the South and the slave-trade. 
Slaves were required to cultivate our lands; a white laborer 
from the North required two dollars per day ; this could not 
be given, and the plantations would be deserted. Baldwin 
thought the question ought not to be entertained, and all de- 
bate upon it was improper. Madison, cool, deliberate, and 
just as he always was, thought the report of the committee 
should be entered on the iournals for the information of the 
public, and to quiet the fears of the South by showing that 
Congress claimed no power, and would exercise none, in re- 
ference to the prohibition of the importation of slaves before 
1808, and never the power of manumission. The motion to 
enter the report upon the journal finally prevailed, by a vote 
of twenty-nine to twenty-five, and, as modified, it was thus 
entered : — 

" That the migration or importation of such persons as any 
of the States now existing shall think proper to admit, can- 
not be prohibited by Congress prior to the year 1808. 

"That Congress have no authority to interfere in the 
emancipation of slaves, or in the treatment of them in any 
of the States ; it remaining with the several States alone to 
provide any regulations therein which humanity and true 
policy require. 

" That Congress have authority to restrain the citizens of 
the United States from carrying on the African slave-trade 
for the purpose of supplying foreigners with slaves, and of 
providing by proper regulations for their humane treatment, 
during their passage, of slaves imported by said citizens into 
said States admitting such importation. 

"That Congress have also authority to prohibit foreigners 
from fitting out vessels in any port of the United States for 
transporting persons from Atrica to any foreign port." 

This was the first introduction into Congress of the slavery 
question, and it thus terminated for a time. It was not even 
at that period free from sectional feeling, but the debates were 
conducted with a decorum and dignity that should teach a 
high moral and practical lesson to the fanatics of the present 
day. It is a striking feature in this debate, and in the his- 
tory of this report, that mild and constitutional and conser- 



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07 THB UNITBD STATES. 291 

Tative as it is, clearly declaring that Congress had no power 
to interfere with slavery in the States, and none to prohibit 
the slave-trade by the States, that the most animated opposi- 
tion should have sprung from the South. It was South Caro- 
lina and Georgia that constituted the Southern opposition, 
with the addition of North Carolina, which still admitted the 
importation of slaves. A majority of the representation of 
Virginia and Manrland, though firm in their devotion to the 
South, voted for the report. Virginia was an advocate of the 
abolition of the slave-trade ; many of her citizens favored eman- 
cipation; and whilst Virginia is more unanimous for slavery 
now than at the time of the debate upon this report, yet it is 
not true that she ever "leaned to anti-slavery views'* when 
brought in conflict with the rights of the State, or when she 
supposed that there was to be an unconstitutional exercise of 
the powers of Congress over this her cherished institution.* 

From the date of this report, ^in March, 1790,) a calm was 
given to the slavery question, which remained until 1804, at 
which time we find the existence of those abominable pests, 
"Societies for the promotion of the abolition of slavery," 
pressing their petitions before Congress. 

Louisiana had but recently been added to the family of 
the States, when, in 1804, in the early part of the session of 
Congress, one of the Pennsylvania societies, with constant 
pretences for the welfare of the African, was found puling 
at the door of Congress Hall asking the prohibition of slavery 
in the newly-acquired territory. 

They haa seen the proceedings of a meeting of the people 
held at Vincennes, the object of which was to obtain a sus- 
pension of the ordinance of 178Y, which prohibited slavery 
north of the Ohio. 

The memorial was, in the first instance, referred to a com- 
mittee, consisting of , at the head of Vhich was John 

Randolph. This committee considered it dangerous and in- 
expedient to impair a provision, in their own words, "wisely 
calculated to promote the happiness and prosperity of the 
northwestern country;'' expressing their belief "in the salu- 
tary operation of this sagacious and benevolent restraint, the 
inhabitants of Indiana would at no distant day find ample 
remuneration for a temporary privation of labor and immi- 
gration." 

* HUd. Hist., second series, toL i. p. 204. 

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292 CONSTITUTIONAL HISTORY 

1804. The memorial just aUuded to in reference to the 

extension of slavery in the newly-acquired territory, 
which was applicable to Louisiana, was at the next session 
referred to the committee on the government of that territory, 
of which Rodney was chairman. When the act was passed 
organizing the Territory of Orleans, a provision was inserted 
prohibiting slaves to be carried into that Territory, except by 
citizens from the United States moving into the Territory as 
actual and permanent settlers; but this provision did not ex- 
tend to negroes introduced into the United States since 1798, 
the object of which provision was to counteract the effect of 
an act passed by the South Carolina Legislature to revive the 
slave-trade. 

The committee, of which Rodney was chairman, reported in 
favor of a suspension of the prohibition of the introduction 
of slavery into the newly-acquired territory for ten years ; but 
Congress took no action upon it. 

mth the resolution of Bard, a delegate from Pennsylvania, 
and the debate on it, closed for a season the attention of Con- 
gress in reference to a question always producing excitement 
and touching deeply the interest as well as the most delicate 
sensibilities of a large portion of the Southern delegation. 

In addition to the restriction upon slaves in reference to 
Louisiana, Bard moved a tax of ten dollars upon all slaves 
imported. 

The resolution was brought before the Committee of the 
Whole. Lowndes, of South CaroUna, opposed the motion, 
though he regretted the step his State had taken. Bard 
defended the resolution as constitutional, and thought it was 
designed to operate, and would operate, as special legislation ; 
it was still contended that it was a legitimate source of reve- 
nue ; since the slave-trade made men articles of traflSc, they 
were subject to* impost like any article of merchandise. Na- 
thaniel Mason, a wise man and always exercbing a large in- 
fluence, opposed the motion; he thought it was an effort on 
the part of the Government to correct a State for the un- 
doubted exercise of its rights. As this debate progressed it 
elicited the talent of Southard and Mitchell, of New Jersey, 
Smilie, Lucas, and others, — Pennsylvania always furnishing 
a large corps of anti-slavery speakers. 

Griswold, the veteran leader of the Federal party, opposed 
it upon the old ground taken by Ames and Sherman, that it 
woiUd legalize the African slave-trade. Randolph preserved 



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OF THB UNITED STATBS. 298 

a studioos silence, though the talented and distinguished son- 
in-law of the President, John W. Eppes, gave the resolution 
his warmest support. 

The bill of Bard, with a majority in its favor, was twice 
read and referred to the Committee of the Whole; yet no 
further action waa ever taken on it, and it was allowed to die 
away without notice or honor.* 

I have taken a retrospective view of the slavery question 
in order to present its full history, as well as the development 
of the party that we will see has founded an existence upon 
it, and the manner and reasons of its being almost strictly 
geographical. It was a slight divergence, yet to maintain 
the continuity of the subject and its importance, will be my 
only excuse. 

In recurring to the period at which I digressed, the most 
important, excitive, and interesting question was the trial of 
Aaron Burr for high treason. A personal sketch of this re- 
markable man, with the varied incidents of a long and eventful 
life, presents to the reader one of the most striking, and often 
the most offensive, characters ever exhibited by American his- 
tory. Descended from enlightened, virtuous, and refined 
parents and grandparents, with every opportunity for moral 
and religious culture, the world was the more astonished at 
the fall and degradation that overwhelmed the son of science 
and genius. He studied well at school and exhibited great 
facility in mastering his lessons, yet an early waywardness 
seized upon his boyish imagination, and at ten years of age 
he was caught as a cabin-boy on an outward-bound vessel, 
whither he had escaped for the purpose of taking a sea voyage. 
He always exhibited talent, though the seeds of vice were 
soon germinating in his youthful bosom; even his latter col- 
legiate years were given to vice and dissipation. 

The breaking out of the Revolution and the flow of Ame- 
rican blood on the field of Lexington, aroused the ardent 
temper of Burr ; and, despite the urgent remonstrances of his 
guardian, he joined the army. He was with Arnold in his 
thirty-two days' march across the wilderness, when on his 
way to Chaudiere Pond, in Canada. He afterwards joined 
the detachment under Montgomery and became his aid ; was 
with that gallant champion when he fell at the siege of Quebec, 
in the front ranks of the army, and near his general. The 

* Hild. Hist, ToL ii. p. 504; Joum. Cong., 1804. 



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294 CONSTITUTIONAL HISTOET 

death of Montgomery gave Arnold the temporary command- 
in-chief of the army near Quebec, and Burr, only seyenteen 
years of age, was called to perform the duties of brigade- 
major. He disagreed with Arnold and joined the -army under 
Washington; he became a member of his military family. 
Washington, it appears, never gave Burr his confidence, and 
before the voice of impeachment against his fidelity or virtue 
had ever been raised, had lost all confidence in him. 

It would exceed the limits of this work to enter minutely 
into the biography of this man. After frequent displays of 
valor and skill on the field of battle, he retired from the army. 
He studied law, was admitted to the bar, appointed Attorney- 
General of the State of New York by Governor Clinton, 
against whom he voted, elected to the State Senate, then the 
Senate of the United States, the judgeship of the Supreme 
Court tendered and refused; and all this eminence attained, 
this talent displayed and known from one end of the land to 
the other, before he had reached his thirty-sixth year. 

The Presidential election of 1800, which was carried to the 
House of Representatives, the long and bitter contest between 
the friends of Jefferson and Burr, when it was palpably known 
that Burr's friends desiraed, in the nomination and election 
of the latter, that he should occupy the chair of the Vice- 
Presidency, proved the commencement of the fall of this man, 
whose career had been so brilliant, and against whom the 
talent and virtue of the country struggled arduously and ar- 
dently to suppress; and that with the greatest difficulty, if 
not a mere accident, which placed him in a minority of only 
one, and that against Thomas Jefierson. Had this result 
been diflFerent, had the great choice of the people been de- 
feated by the House of Kepresentatives, had Thomas Jeffer- 
son been consigned to the inert position of Vice-President, 
and Aaron Burr made President of the United States, a 
shock would have occurred to the institutions of this country 
which would have marred the bright and prosperous picture 
we present; even at this date as the reflection of Jefferson's 
administration exhibits to the world a nation of freemen long 
crippled and cramped in every human exertion for liberty. 

No man occupied a more prominent position before the- 

?ublic than Burr, and he would have been the successor of 
'homas Jefferson, had not the star of his destiny taken a 
downward turn from the moment of his election as Vice- 
President. Doubtlessly, the integrity of Burr had been sus- 



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OF THE UNITED STATES. 295 

pected long before. Washington had lost confidence in him 
at an early day. 

Seeing, as he clearly most have seen, that he was rapidly 
losing the dignified position he had occupied with his party, 
he commenced that system of intrigue with the Federal party, 
for the purpose of supplanting Jefierson, which began to open * 
the eyes of honest men. He was the object of increasing 
hatred to the virtuous portion of his own party, and equally 
despised by the honest Federalists. He saw the e£Fort that 
would be made, and was ultimately successfully done, to sup- 
plant him at home. The Livingstons and Clintons, with the 
talent and virtue of Alexander Hamilton, whose name always 
calls to mind the dark stain of manslaughter that indeUbly 
marks the name and character of Aaron Burr, were all justly 
combined against him. The unfortunate man, hemmed in on 
every side, with a combination of wealth, virtue, and talent 
against him, extending from the President and Government 
patronage down to the plain and honest yeoman, sunk with 
the rapidity of a falling star, — ^broken in fortune, crushed in 
hopes, and destitute of friends and character. 

Thrown thus destitute upon a scrutinizing world, abandoned 
and undone, he fell an easy, and it may be said, a natural vic- 
tim to every base and evil passion and habit. 

The treasonable designs which occupied several years of 
Burr's life, spent mostly in the Western States, where he 
had once jjeen arrested and discharged, led ultimately to his 
arrest, along with Generals Adair and Dayton, Blennerhas- 
sett, Swartwout, Alexander, Smith, Ballman, Ogden, and 
others. Burr and Blennerhassett alone were brought to trial. 
After much delay, unavoidable in criminal trials, the initiatory 
steps in this cause commenced on the 22d of May, 1807, 
before the Circuit Court of the United States, in the City of 
Richmond, John Marshall, the distinguished Chief-Justice of 
the United States, presiding. The prisoner and several. of 
his associates were pronounced by the grand jury guilty of 
treason. He was committed to prison, but upon the urgent 
representation of counsel, that the common jail was destruc- 
tive of the health of the prisoner, he was allowed to occupy 
the rooms he had been using in the penitentiary, and was 
placed under guard. On the 3d day of August, the court 
having adjourned to that day, commenced the trial of Aaron 
Burr before a jury of his countrymen, which continued until 
the last day of the month, when he was acquitted of high 



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296 CONSTITUTIONAL HISTORY 

treason. The great effort of Burr's counsel was the impeach- 
ment of the testimony of Eaton and Wilkinson; insistmg, in 
respect to Wilkinson, that he was a confederate of Burr, who 
had betrayed his undertaking with the hope of securing him- 
self from a public prosecution. With a view to injure to a still 
greater extent the honor and integrity of Wilkinson, it was 
also insisted that he had been a Spanish pensioner, and en- 
gaged many years in intrigues i^ainst the Union. 

It was caught at by the Federal newspapers and indus- 
triously circulated throughout the land. John Randolph, in 
his bitterness, introduced it into Congress, whose perseverance 
and obstinacy ultimately resulted in an investigation by Con- 
gress, and the honorable acquittal of General Wilkinson. 

The evidence having closed, after a long and tedious inves- 
tigation, the argument of counsel commenced; it was able 
and eloquent. Hay, the attorney for the District, was 
assisted by the eloquent and gifted William Wirt; whilst 
Luther Martin and John Wickham, alike distinguished for 
learning and talent, conducted the defence. Burr was finaUy 
acquitted. He had no doubt digested his plan of treason ; but 
the cunning and caution of the prisoner, so confused and 
secret were his doings and motives, that the testimony utterly 
failed to convict him even of a misdemeanor, for which lie 
was afterwards put on his trial. 

It was the opinion of the court, that the assemblage on 
Blennerhassett*s Island was not a military array m the sense 
in which it would apply if treason was proven. Thirty or 
forty men had been seen there and with arms ; it was no more 
a military organization than had often accidentally met on 
the same island, consisting of boatmen, on the Ohio; or had 
it been a military array, there was no proof that Burr or 
Blennerhassett had ever any connection with it. Conse- 
quently the jury returned a verdict of not guilty, and the 
indictments for treason which had been found against Blen- 
nerhassett, Dayton, Smith, Tyler, and Floyd, were dismissed. 
Burr and Blennerhassett were committed to be tried after- 
wards in the District of Ohio, for projecting a military ex- 
cursion against the Spanish Provinces; they were held to 
bail in the sum of three thousand dollars each, which they 
forfeited. Burr soon afterwards withdrew himself from the 
country, and quiet ensued; the nation was freed from the 
efforts of treason which had been scattered over the country 
from one end to the other, as annoying to the people as piracy 



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Of THB UNITBD STATES. 297 

npon the high seas is to the honest sailor. It is somewhat 
remarkable, but it exhibits the conning of all concerned in 
this strange enterprise, that the only man punished among 
the many brought to trial on account of the conspiracy, was 
a comparatively humble person named Floyd, who was tried 
in the Territory of Indiana and found guilty of a misdemeanor. 

No single event in one man's life ever occasioned more 
excitement or attracted more public notice than the trial of 
Burr; he had occupied a position before the American people 
surpassed by no one; he had won a popularity in the camp, 
upon the busting, and at the forum, which no man could excel, 
and it was sustamed by an energy and a genius scarcely ever 
equaled, and capable of any social, political, or military 
emergency that could arise. 

He returned from Europe, having failed to ingratiate him- 
self with Napoleon, who looked upon him as an English spy; 
discarded in a great measure by the virtuous of England, he 
reached his native shore to die in poverty, largely in debt, 
rejected by his own people and former companions, and utterly 
destroyed in every human hope and manly aspiration. 

Treason is fully and clearlv defined in the Constitution of 
the United States, ^^ which shall consist only in levying war 
against them (the United States,^ or in adhering to their 
enemies, giving them aid and comtort." There cannot be a 
conviction unless on the testimony of two witnesses to the 
same overt act, or on confession in open court. 

By the act of the 30th of April, 1790, it was enacted, — 
" If any person or persons, owmg allegiance to the United. 
States of America, snail levy war against them, or shall ad- 
here to their enemies, giving them aid and comfort, within, 
the United States or elsewhere, and shall be thereof con- 
victed on confession in open court, or on the testimony of 
two witnesses to the same overt act of the treason whereof 
he, she, or they shall stand indicted ; such person or persons 
shall be adjudged guilty of treason against the United States, 
and shall suffer death. 

The term levying war, used in the Constitution as well as 
in the statute, is technical ; it was borrowed from the English 
law, having the same meaning as when used in the Statute 
25 Edw. III., comprehending as well those who create or 
raise war, as those who make it or carry it on.'*' A conspi* 

* United States v. Burr, 4 Craaoh, p. 471 ; U. 8. v. Friet— Trial, p. 167. 
Vol. L— 20 

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298 CONSTITUTIONAL HI8T0RT 

racy to leyy war is not treason.* A secret unarmed meeting 
of conspirators, is not treason, if not in force or warlike 
form, though assembled with a treasonable pnrpoee ; nor the 
actual enlistment of men to serve against the Government, 
but high misdemeanors, and punishable in such manner as 
Congress may provide.t 

In respect to those who are to be considered levying war, 
all persons leagued in the conspiracy who bear arms, and 
those who bear the various and essential parts of prosecuting 
the war, which must be assigned to different persons, may aU 
be said to levy war*! It has been decided that the words 
"owing allegiance to the United States" embraced in the 
statute, are mere surplusage, not affecting the sense in the 
slightest degree; treason is a breach of allegiance and can 
only be committed by one owing allegiance, either perpetual 
or temporary.§ 

Any combination to subvert, by force, the Government of 
the United States; violently to dismember the Union; to 
compel a change in the Administration ; to coerce the repeal 
or adoption of a general law, or to revolutionize a Territorial 
government by force, although this be merely a step to or a 
means of executing some greater projects, is a conspiracy to 
levy war; and if the conspiracy be carried into effect by 
emoodying and assembling men in force and in a military 
posture for the purpose of executing the design, it is treason 
by levying war.|| 

It has been decided, however, if the intention of such con- 
spiracy be merely to defeat the operation of a law in a par- 
ticular instance, or through the agency of a particular officer, 
from some private or personal motive, though it is a hi^ 
offence, it is not treason.^ 

Without pursuing the details of this subject with greater 
minuteness, it must be a source of great satisfaction to the 
American reader to reflect, that treason and treasonable 
designs are of the rarest occurrence with us, and the con- 
summation of such purposes utterly impossible. In mo- 
narchical Governments, the throne is sustained by wealth, 

♦ United States v. Burr, 4 Cranch, pp. 471, 472. 
t 4 Cranch, pp. 126, 486. 

5 United States v. Burr, 4 Cranch. pp. 472, 478, 602. 
United States v. Wiltberger, 5 Wheat., p. 97. 
t United SUtes v. Burr, 4 Cranch, p. 488. 
Friet's Trial, charge of IredeU, J. 



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Of THB UKITBD BTATH8. 299 

which in its turn employs the sword; and it requires a yigilant 
eye and a well-nerved arm to suppress the virtue, intellect, 
and moral rights of the subject. Here the foundation of the 
Government rests upon the affections, loyalty, and admiration 
of all classes, the rich, the poor, the enlightened, and the 
illiterate; whilst each citizen holds himself on the alert to 
catch the slightest breath of treason that may be wafted over 
the land, that he who utters it may receive the condemnation 
of the law. 

The exigencies of the times, the impending dif- 
ficulties with England and France, and the embar- 
rassments likely to gather around the Executive, were the 
causes of the convocation of Congress, at an earlier day than 
usual, by the President of the United States. 

The President submitted his Message on the 27th of October ; 
Jefferson, with his characteristic prudence and caution, makes 
no specific recommendation in this Message. He called the 
attention of Congress to the effort which had been made by 
our Ministers to effect a liberal and honorable treaty with the 
English Ministers; that the commissioners, after failing in 
their purpose to obtain arrangements within the limits of their 
instructions, signed such as could be obtained, and transmitted 
them for consideration. The treaty fell so far below every 
right that might have been expected, that the President 
decided at once not to submit it to the Senate; he had re- 
ceived it but the day before Congress adjourned from the 
hands of Mr. Erskine, the British Minister. The President 
was much censured for rejecting the treaty without sending 
it to the Senate; the Federal party were of course loud in 
their clamor against him, and it was much regretted by the 
commercial communitv. Yet, upon reflection, it would seem 
that Jefferson did right; his object was to prolong the nego- 
tiation. The treaty had the insuperable objections of con- 
taining no provision upon the subject of impressment, but 
was accompanied by a note from the British Minister, reserv- 
ing to his Government the right of releasing itself from the 
stipulations in favor of neutral rights, if the United States 
submitted to the Berlin decree or other invasion of those 
rights by France. The treaty was no better than that 
negotiated by Jay, and the President could not have done 
otherwise than reject it. It was simply a matter of discretion 
and right which he had, to submit the treaty to the Senate or 
not. This course had an injurious impression upon the Bri- 



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800 CONSTITUTIONAL HISTORY 

tish Government, as indicative of a disposition to prolong the 
existing diflSculties. The matters in controversy were referred 
back to the Ministers. " On this new reference to amicable 
discussion, we were reposing in confidence, when, on the 22d 
day of June last, by a formal order from the British Admi- 
ral, the frigate Chesapeake, leaving her port for distant ser- 
vice, was attacked by one of those vessels which had been 
lying in our harbors under the indulgences of hospitality, 
was disabled from proceeding, and had several of her crew 
killed."* 

As soon as the news of the capture of the Chesapeake 
reached the Executive ear, he ordered, bv proclamation, our 
harbors and waters to be closed to all Bntish armed vessels ; 
an armed vessel of the United States was dispatched with 
instructions to our Ministers to call on the Governmeirt at 
London for the satisfaction required by such an outrage. 

Canning, who entered the British Ministry on the death of 
Fox as Secretary of Foreign Afiairs, disavowed the act in 
reference to the Chesapeake, tendered reparation, and issued 
an order recalling Berkeley from his command. f 

Thus far the prospects of a speedy adjustment of our dif- 
ficulties wore a smiling aspect, though England refused to 
grant that which a just and liberal policy demanded; and 
when the question of impressment was brought up in connec- 
tion with the outrage upon the Chesapeake, we were repulsed 
for endeavoring to connect the two questions; the former 
they considered an unquestionable British right and would 
not negotiate upon it, the latter they would make reparation 
for. 

The President, satisfied that he was right, would not abate 
one jot or tittle of the right to stop the impressment of our 
citizens. The English Government, with much assumption 
and in the very face of international as well as moral right, 
issued its proclamation, calling on all British mariners em- 
ployed in the service of foreign nations to return home, and 
all commanders of ships of war were authorized to seize and 
bring away from foreign merchant-vessels all British mari- 
ners; all who were found serving on foreign ships of war 
were to be demanded, and if not returned, the commanders 
of vessels were to report to the British Minister resident at 

* Message of October 27th, 1807. 

f Amer. State Papers, vol. yi, and Cor. of Monroe and Pinokney. 



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OP THE UNITED STATES. 801 

tte Court of the nation whose flag floated over the refusing 
ship. This proclamation was justly objected to by 
Monroe; yet he received the repulsive reply that 
it was in obedience to the established law of England. 

Monroe came home, leaving Pinckney in London as resident 
Minister. Previous to his departure, the British Minister had 
made a final reply to the proposition to open negotiations upon 
the basis of the treaty which Jefferson had rejected. Can- 
ning protested against the course the President had pursued 
with the late treaty, which had been signed by the contracting 
parties and sent to Washington for ratification. He would 
not proceed with the negotiation upon the basis of the treaty 
which had been rejected.* 

Thus was wasted upon the haughty arrogance of England 
every fair and honorable effort to avert the war which fol- 
lowed. The peaceful relations which ought to have existed 
were interrupted by the domineering course of that Govern- 
ment from whom we had wrenched our liberties, but who 
appeared unwilling to extend to us those principles of high 
national right which belonged to us as a nation ; and whilst 
sternly refusing the simple acknowledgment of rights insepa- 
rable from American liberty, little did the British cabinet 
think they were trying to extinguish those principles of civil 
liberty which, though they would not recognize as even true 
or just, were soon destined not only to a world-wide homage, 
but to an immortal vitality. Not only will the principles of 
free government exist as long as man will hold his habitation 
on earth, but those principles of international right, rescued 
from the iron hand of England, will flourish over the earth 
in undying youth long after the English throne shall have 
crumbled to the dust. 

It was our aim, as it has been our policy, to steer clear of 
the entangling relations then existing in Europe. We were 
placed geographically beyond the reach or policy of European 
affairs ; peace evidently was the great object with us; we were 
a young and vigorous people, designed at that time to till the 
soil, to l)uild up a navy, and reap the bountiful results of a 
commerce that should ride over every sea, with a trade that 
should reach the ports of the world. Had not this war, which 
was fast approaching, been fastened upon us by the very first 

* Amer. State Papers, toL tL; Hild. Hist, of the U. S., second series, 
▼oL ii. p. 684. 



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S02 COKSTITUTIOHAL HI8T0BT 

law of human nature, obstructed for a season the bright path 
we were pursuing to unbounded commercial wealth, me mag- 
nificent position we would have occupied would, at an earlier 
day, have dazzled the eyes of the world. 

As it happened, we were forced to fight England or submit 
to degradations that would have ended only with our extinc- 
tion as a nation. But I will not anticipate the periods and 
events which are yet before me, and are to be approached 
through the many trials and storms that gathered around 
the vessel of State. 

The commerce of the country, and its financial operations, 
had been conducted with great skill and talent, and commands 
our especial admiration, when it is remembered how many 
interruptions and vexatious harassments beset it on every 
side. 

When the President communicated his Annual Message of 
the 27th of October, 1807, the receipts of the Government 
had amounted to nearly sixteen millions of dollars, which, 
added to the five millions and a half in the Treasury at the 
beginning of the year, enabled the Government, after meeting 
its current demands and paying interest on its debts, to pay 
more than four millions of the funded debt. 

These payments, with those made in the five years pre- 
ceding, had extinguished twenty-five and a half millions of 
the funded debt, which was the whole that could be paid or 
purchased within the limits of the law and our contracts; 
and which left us in the Treasury eight millions and a half of 
dollars.* 

It is painful to turn from the bright picture of commercial 
wealth and power, which would have rapidly flowed over the 
land, to the devastation which was spreading throughout the 
fairest portions of Europe. The Executive did all that pru- 
dence and skill could require to avert the storm from pouring 
a portion of its fury upon our own land, but it was in vain. 

The mind of man is astonished and distressed, as he looks 
across the troubled waters and beholds the dreadful carnage, 
and the destructive influences of European war and bloodshed, 
at this period. After the treaty of peace, which had been 
negotiated by Jay, our shipping interest received scarcely an 
impediment. European warfare had enriched our merchant- 
men beyond example. It was a national millennium, which 

* Jefferson's SeTenth Annual Message, Stat. Man., toL i. p. 203. 



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Of THB UNITED STATES. 808 

oontinaed until about the year 1804, when those violent flames 
of war, which the peace of Amiens had smothered for a sea- 
son, broke forth with an inveteracy which shook the old thrones 
of Europe to their very centre. Britain alone seemed to stand 
unsubdued amidst the mighty conquest of Napoleon; and it 
was this man who made the first encroachments upon neutral 
rights. It was on the 21st of November, 1806, that Napoleon 
defeated the Prussians, and from the capital of their king- 
dom, from the very walls of the royal palace, issued his Ber- 
lin decree, declaring the British Isles in a state of blockade, 
subjecting every American or neutral vessel of other nations 
going or coming from those isles, to capture. It further 
aeclared merchandise coming from England or its Colonies, 
belonging to neutrals, to be lawful prize on land. 

Our Minister at Paris regarded the Berlin decree as inap- 
plicable to us, being grossly violative of the existing treaty 
between the United States and France. But, in 1807, General 
Armstrong was informed by the French Minister of Foreign 
Affairs of the condemnation of American vessels. 

A bold and reckless spirit, utterly careless of right and 
justice, had occupied the cabinets of Europe, and that of 
England was not exempt from the violence of the fever. On 
the 11th of November, 1807, the well-remembered orders in 
eouncil were issued, the object of which was to destroy all 
direct trade from America to any port of Europe at war 
with Great Britain, or which excluded the British flag; or if 
the merchants of America or other neutrals chose to pay ex- 
orbitant tribute to England, this haughty Leviathan of the 
deep allowed goods to be landed, required a heavy duty to be 
paid, and then permitted them to be reshipped to other parts 
of the globe. 

Napoleon, increasing in wrath not only towards England, 
and wishing to destroy her commerce, but aiming a still more 
effective injury towards the United States, issued from the 
royal palace at Milan, on the 17th day of December, 1807, 
his famous Milan decree, which not only declared the British 
Islands in a state of blockade both by sea and land, but every 
ship sailing from English ports as ^ood and lawful prize, and 
liable to capture by the French ships-of-war or privateers.* 

This, in the language of the decree, done *' only in just 
retaliation of the barbarous system adopted by England, 

* American State Papers, toL yi. p. 471. 



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804 OOHBTirunONAL HI8T0BT 

which assimilates its legislation to that of Algiers, shall cease 
to have any effect with respect to all nations who shall have 
the firmness to compel the English Govemment to respect 
their flag." 

France at this period held no sway on the ocean; even her 
fleets had been transferred to her powerful and victorious 
rival ; she conld scarcely preserve a smgle cruiser against the 
unrivaled discipline of the British navy, and in this respect 
she could only wace a combat of decrees. 

It is evident that both England and France not only 
assumed an attitude the most mimical towards the United 
States, but that England burned with a jealous rage because 
the United States had delayed so long resistance to the feeble 
marine of France; whilst France was equally enraged that 
we, as neutrals, had so patiently suffered the encroachments 
of England. Both continued their depredations, and were 
each anxious that we should be embroiled in war with the 
other. England continued more aggressive and constantly 
added to the manv causes of irritation which she had imposed 
upon us, by the insufferable custom of searching our vessels 
and impressing therefrom American as well as British sea- 
men, — a practice against the free principles of her own 
constitution; against a just, liberal, and enlightened inter- 
national policy; barbarous even beyond example, and cer- 
tainly incompatible with the dimity of the liberty of America. 
Added to all these, was the climax of audacity and insult in 
the affair of the Chesapeake on the 22d of June, of which 
mention has been made. 

In the midst of all this diflficulty, when every vessel of the 
United States seemed doomed to the avarice of France or 
the rapacity of England, when public indignation was lashed 
to its highest fury, and an insulted nation panted ardently 
for the contest, — and that with England, the greatest of- 
fender, — the President sent to Congress, on the 18th day of 
December, 1807, a special and confidential message, recom- 
mending an embargo on all vessels of the United 
States. It was only one day after the Milan de- 
cree,— of which Jefferson, of course, had not heard ; nor did 
he make mention of the British orders in council, which had 
been issued on the 11th of November preceding; yet there 
is no doubt, but that he had been apprised of them through 
an authentic private channel ; as we are inforiaed by Tucker, 



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OF THB UNITBD 8TATBS. 805 

' in his life of Jefferson, and upon the authority of the Secre- 
ta^ of State.* 

This subject was immediately brought under discussion in 
both Houses of Congress. A bill was passed on the day of 
its first introduction m the Senate, in obedience to the recom- 
mendation of the President, by a vote of 22 to 6. It was 
discussed in both Houses in secret session, and on Monday, 
the 22d of December, at eleven o'clock, it passed the House 
by a vote of 82 to 44.t 

The bill prohibited all American vessels from sailing from 
foreign ports, all foreign vessels from taking out cargoes, and 
all coasting vessels were required to give bond to land their 
cargoes in the United States. 

Many American statesmen, as well as a large party in the 
United States, were violently opposed to this measure ; Ran- 
dolph denounced it with much bitterness as the "Hiad of all 
our woes." It was evidently desiffned as a coercive measure 
to restore amicable relations with England, and she suffered 
much; but it fell with greater violence upon the commerce of 
the United States. It failed in its primary object, though 
Canning ur^ed its repeal. It was a kind of retaliation not 
only unmanly, but unworthy a strong and growing nation. 
If England had given us cause for war, and it could not be 
removed, we should have gone into the contest with an energy 
and boldness characteristic of our people; with a force that 
would have shivered the trident in her grasp, and made her 
very throne tremble from the shock. It was unjust to our 
own commercial people. Permit no shackles upon trade ; let 
our merchants encounter the risk and dangers of the sea ; 
if profitable, they would have clung to it, even beneath the 
guns of England; the moment it ceased to be a source of 
profit, that moment all trade with foreign nations would 
have ended. 

It ruined for a season, a commerce that had given em- 
ployment to a million and a half tons of navigation, and 
occupation for hundreds of thousands of our citizens, and 
had spread wealth and prosperity throughout the land. We 
were confined to a coasting trade between the States ; the 
noblest of our ships that traversed the ocean were thrown 
upon the hands of our merchants as worthless lumber ; the 

* Tucker*8 Life of Jefferson, voL ii. p. 249. 
f Ibid. ; Journal of Congress — SessioB 1807-8. 



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806 coNBTirunoif AL histobt 

plentiful products of a generous soil wasted and decayed on 
the hands of the agriculturists ; the comforts of life which 
we had been accustomed to gather abroad were cut off; the 
scarcity of apparel was but inadequately relieyed by the 
feeble efforts of domestic manufacture, for which we were un- 
fit, and which in no possible necessity was or could be suited 
to our interests; and if its origin be traceable to an unayoid* 
able necessity, its injury at the time was very great, and has 
been considered by some statesmen the nucleus of Uiat prin- 
ciple which has in later times diverted or seduced the energies 
of our people from the cultivation of the land, and plougUng 
every wave of the ocean with the rich freights of a boundless 
commerce, into a system of manufacturing, which fattened 
only under the wing of sectional legislation. K we consider 
it a trial between the two nations which could endure the evil 
the longest, the result must be more favorable to Great Bri- 
tain, inasmuch as we deprived her only of our own trade, 
whilst we endured the deprivation of the trade of the world. 

A protracted and exceedingly diplomatic correspondence, 
especially on the part of England, was entered into between 
the Ministers of the two countries, in reference to the storms 

1808 *^** ^^^® gathering around us ; which terminated 
for the present with a communication from Erskine 
to the Secretary of State. 

This communication contained a copy of the British orders 
in council of which so much has been said. Written with 
that skill and adroitness which so eminently belonged to 
Erskine, he yet failed in his effort to convince that the great 
system of retaliation which at that time marked the inter- 
national course of England was aimed at France, and not us. 
He boldly maintains, as belonging of right to Britain, to issue 
her orders in council; yet he was commanded by his Kin^ 
"especially to represent to the Government of the United 
States the earnest desire of his Majesty to see the commerce 
of the world restored once more to that freedom which is 
necessary for its prosperity, and his readiness to abandon the 
system which has been forced upon him, whenever the enemy 
shall retract the principles which have rendered it necessary."* 
The true intent of the spirit of the understanding of this 
voluminous correspondence will be fully appreciated by re- 
ference to the report of the Senate, made through the chair- 

* American State Papers hj Wait, toI. tI. p. 476. 



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OV THB UKITBD STATES. 807 

man of the committee, Mr. Anderson, to which the papers 
had been referred. This report was made April 16, 1808. 
It recapitulated the outrages which Endand had inflicted 
upon us, which amounted to impressment from American ves- 
sels on various and repeated occasions; the numerous orders 
in council and decrees for blockades. There were 
many decrees and acts of the French Government 
from which much injury and outrage had been imposed upon 
our commerce; whilst England was more aggressive than 
France, yet the committee forebore to enter into a compari- 
tive view of the proceedings of the different belligerent 
powers. France had been guilty of many seizures of our 
cargoes upon the high seas, but oad never asserted or main- 
tained the doctrine of impressment, or the right of search. 

In reviewing the different ways of redress which were open 
to the United States, this committee enumerates, — a protec- 
tion of commerce by ships of war; a protection of it by self- 
armed vessels; a war of offence as well as of defence; a 
general suppression of foreign commerce ; an embargo on our 
vessels, marines, and merchandise. The last was the one 
which had been adopted, and was highly sustained by the 
report of the committee and also in the Senate, and recom- 
mends a continuance of the embargo as the best policy to 
secure the blessing of peace.* 

Opposition out of the halls of Congress continued to in- 
crease more and more, as the pressure was more and more 
felt. Unfortunately, it was the source of unbounded fraud 
and corruption; Eastport, in Maine, and St. Mary's, in 
Georgia, each on the frontier, the one communicating with 
the British territonr of New Bnmswick, the other with the 
Spanish territory of Florida, were great store-houses for the 
smuggling trade with the West Indies and other markets. 
The attention of Congress was soon excited to arrest this and 
many other invasions of the embargo laws. It resulted in a 
third supplementary embargo act, requiring all lake, river, 
and bay crafts to clear in due form, like sea-vessels, to fur- 
nish the collectors with manifests of their cargoes, and also 
with proof, in two months afterwards, that the same had been 
reloaded in the United States. Sea-vessels could take no 
cargo except under the inspection of a custom-house officer; 
collectors could seize and detain suspected vessels; the special 

« Wait's State Papers, toL tL p. 481. 



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808 OONSTITTJTIOirAL mBTOET 

permission of the President was necessary to grant clearances 
to ports adjacent to foreign territories; unusual quantities of 
produce and merchandise in such ports were liable to seizure 
and detention, until the owners could give bonds not to carry 
them out of the United States; foreign vessels could not 
enter the coasting trade ; the penalties were largely increased, 
and even gun-boats were furnished for searching and seizing 
all suspected vessels. 

The President, who had imbibed too strong a love for the 
embargo as a retaliative measure, and with the exercise of a 
rather doubtful authority, issued orders to the collectors of 
the customs not only to detain suspicious vessels, but to 
grant no clearances to vessels laden with flour. Massachu- 
setts and other States who had to import flour, were com- 
pelled to rely upon the permit which their governors could 
give other vessels to enter their ports, or authority to special 
mdividuals. 

An effort was made to put a similar restriction upon the 
rice of South Carolina; but Johnson, of the Supreme Court 
of the United States, (appointed to the judgeship hj Jeffer- 
son,) with a proper appreciation of the right and dignity of 
his State, though he occupied a place which is but too often 
supposed to be a Q-olgotha for State rights, issued his mar^ 
damns to the oflBcer to grant clearances.* 

It is manifest that the injury and deprivation was alarming 
and even distressing to many portions of the Union in being 
deprived of the entire export trade of the country, and whilst 
opposition was intense, it is surprising how the President, with 
the influence of his Secretary of State, succeeded in fastening 
this measure upon the country; and nothing but the great 
executive influence of Jefferson and his leading cabinet min- 
ister Madison, could have given it the vitality it possessed. 

John Quincy Adams made a motion in the Senate to in- 
quire how soon the embargo might be repealed; but it was 
summarily rejected. 

The President had a large majority on the floor of Con- 

Sess, where much zeal was exhibited in behalf of the embargo. 
I the State legislatures the Administration had strong sup- 
porters. The legislatures of Virginia, Maryland, and, what 
was somewhat more singular, Pennsylvania and Massachu- 
setts, approved the embargo by strong resolutions; and it 



^ Hild. Hist, of the U. S., seoond series, toL iii. p. 



70. 



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OF THE UKrrEI) STATES. 809 

was sustained in the agricultural States, though under its 
operation wheat had faUen from two dollars a bushel to seventy 
cents. 

On the 7th of November, 1808, Congress assembled, the 
time being appointed at the last session. On the next day 
Jefferson transmitted to both Houses his Eighth and last 
Annual Message. 

Congress had convened under that state of excitement 
which had begun to pervade and agitate the public mind to 
the very highest grade. The Message of the President re- 
lated chiefly to the foreign afiairs of the country in connection 
with the belligerent nations of Europe, whose disregard of 
neutral rights had been so destructive to our commerce. 
France and England had exhibited a disposition to have the 
American ports opened to their commerce, having pledged 
their readiness to renounce the destructive policy they had 
been pursuing; whereupon the President, under the authority 
vested by the act laying an embargo, would have immediately 
suspended it. The President informs Congress of the failure 
of the arrangement, and submits to its wisdom and discretion 
the proper steps to be taken which the crisis demanded. 

Whilst the Message regrets the injury done our commerce 
by the restrictive system, it also makes allusion to the benefits 
likely to become permanent, resulting from domestic manu- 
factories. 

The accounts from the Treasury though not fully made up, 
exhibit, up to the year ending the 80th of September, the 
receipt of nearly eighteen mUlions of dollars, which, with 
eight millions and a half at the beginning of the year, 
enabled the Government, after meeting the expenses of the 
current year, to pay two million three hundred thousand dol- 
lars of the funded debt, with a balance of fourteen millions 
in the Treasury. The reader will observe in referring to 
this Message, that Thomas Jefierson, — the very embodiment 
of strict construction, — recommends that the surplus revenue, 
instead of being reduced to the standard wants of the Govern- 
ment, should be retained and expended in ^^ the improvements 
of roads, canals, rivers, education, and other great founda- 
tions of prosperity and union, under the powers which Con- 
gress may already possess, or such amendments to the Con- 
stitution as m$iy be approved by the States." 

On the 11th of November, so much of the Pre- ^^ 
sident's Message as respected our foreign relations 



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810 00H8TITUTI0NAL HI0tOBT 

was referred to the appropriate committee of the House, of 
which Campbell was chairman. This report, which was said 
to bear the impress of the combined talent of Jefferson and 
Madison, was received by the House as a reflection of the 
Executive will.^ It is an able, manly, and efficient review 
of the protracted and multiplied injuries which had been 
inflicted upon us; but at the same time it clearly acknow- 
ledges that a permanent suspension of commerce, after fre- 
quent and unavailing efforts to obtain peace, would not 
properly be resistance. It would be an abandonment of our 
mdisputable right to navigate the ocean.f It was advised to 
maintain the embargo a while longer with the hope of induo 
ing the belligerents to abandon their policy; but, after all, the 
true and real means of resistance was war. Tet it was not 
compatible with our condition or inclination to encounter both 
England and France. 

The report recommended, — 

1st. That the United States could not, without a sacrifice 
of their rights, honor, and independence, submit to the late 
edicts of France and Great Britain. 

2d. That it was expedient to prohibit the admission of 
either the ships or merchandise of those belligerents into the 
ports of the XJnited States. 

3d. That the country ought immediately to be placed in a 
state of defence. 

It was on the same day that GampbelFs report and reso- 
lutions were introduced into the House that an animated and 
able debate occurred in the Senate on a resolution offered by 
Hillhouse for a repeal of the embargo, which was sustained by 
Lloyd and Pickering from Massachusetts, as well 
as by White, the Senator from Delaware. The Ad- 
ministration was sustained by Giles and Moore, of Virginia, 
Mitchell, of New York, Smith, of Maryland, Pope, of Ken- 
tucky, and Crawford, of Georgia. After ten days' debate, 
the resolution offered by Hillhouse was rejected by a vote of 
25 to 6. On the 28th of November, the discussion in the 
House was opened by a speech from Campbell, which was 
very much a rehearsal from his report as chairman of the 
Committee on Foreign Relations. 

* Hild. Hist, of the U. S., seoond series, toI. iU. p. 96; Stat. Man., toL 
i. p. 261. 

f Report of the Committee on Foreign Relations, Nov. 22, ISOS ; Amer. 
Stat. Papers, toI. Tii. p. 75. 



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OF THB UNITBD 8TAT1B8. 811 

The embargo encountered an able opposition from the 
Federalists, whose leader on this occasion was that distin- 
guished debater Josiah Quincy; the champion of the opposi- 
tion, though not of the Federal party, was John Randolph, 
who delivered several speeches which rank among the ablest 
and most brilliant of his life. 

The reader may easily apprehend the spirit which moved 
the Administration, as well as the ground upon which the 
Federal party stood, enUsting in opposition to the embargo 
some coadjutors who despised in other respects all affiliation 
with them, and most conspicuously among whom will be found 
the undying name of Randolph, of Roanoke. 

As was contended by Quincy, the decrees of France pro- 
hibited our trading with Great Britain ; whilst the orders of 
the latter would prevent our trading with France, and our 
embargo, in direct subserviency to both, prohibited our trading 
with either. It was an eflFort on the part of England and 
France to destroy the trade of each, and we were sustaining 
either the oppressive policy of Napoleon or the avarice of 
England, and in doing so it was the destruction of the trade 
of our countrymen. It was chiefly opposed by New England 
men, because commerce was (as it is now) not only associated 
with all their feelings, and habits, and interests, but the nature 
of their soil, of their coasts, the state of their population, 
and the mode of its distribution over their territory rendered 
it indispensable to their well-being. In the language of 
Quincy, they possessed five hundred miles of sea-coast, all 
furnished with harbors, bays, creeks, rivers, inlets, basins, 
with every variety of invitation to the sea, with every species 
of facility to violate the embargo laws, with a people not 
scattered over an immense territory, at a solemn distance 
from each other, in lordly retirement, in the midst of extended 
plantations and intervening waste, but collected on the mar- 
gin of the ocean, by the sides of rivers, at the heads of bays, 
looking into the water or on the surface of it, for the incite- 
ment and the reward of their interest. Among such a people, 
deprived of their daily avocation as well as their daily bread, 
it was impossible for them to remain unexcited beneath such 
pressure and hardship. 

It was contemplated to add twelve additional revenue cut- 
ters to enforce the embargo laws. "Multiply the number by 
twelve, multiply it by a hundred, join all your ships of war, 
all your gun-boats, and all your militia, — ^in spite of them 



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812 coNsnnmoHAL histobt 

all, such laws as these are of no avail when they become 
odious to public sentiment. Continae these laws any consi- 
derable time longer, and it is very donbtfnl if you will have 
officers to execute, juries to convict, or purchasers to bid for 
your confiscations."* 

The friends of the embargo were chiefly from the South, 
and it must be attributable to the influence of Jefierson and 
Madison, added to the fact that the South being an agricul- 
tural people, did not feel the pressure so soon or so sensibly 
as the people of the North. 

The New Englanders were taunted with avarice, in not 
being willing to endure the privations which the embargo 
created, when honor demanded retaliation. "We have done 
evervtlung for commerce," said a distinguished member from 
the South; "we have negotiated for it; we have jeoparded 
the peace of the country for it; we have passed an embargo 
to protect it^ and commerce is now the first to abandon us. 
Suppose the embargo raised, none would trade but men of 
bankrupt character and desperate fortunes. Permission to 
arm is tantamount to a declaration of war; and do you think 
we are ready to plunge headlong into a ruinous war, naked 
and unarmed, to gratify a few bankrupt commercial specu- 
lators ? The embargo would always have had its efiect as a 
measure of .retaliation, but for the anti-embargo men of Mas- 
sachusetts, "f 

Giles, of Vireinia, then a member of the United States 
Senate, occupied the same position with Troup, a member of 
the House from Georgia, and contended that opposition to 
the embargo in New England was the work of demagogues, 
anxious to reinstate themselves in power. 

To whom Pinckney replied, in bold and animated defence, 
citing, as among those who opposed it, the immortal Ames, 
and others of equal patriotism, though of less talent. Ames 
wrote as long as he had stren^h to hold a pen, and died on 
the anniversary morning of the nation's birthday, the 4th 
of July, 1808, with the prayer on his lips, "God save my 
country." 

The charge of demagogism, avaricious policy, and such 
violent epithets and abuse as were heaped upon the New 



* Speech of Josiali Quinoy, delivered in the House of RepresenUtives, 
Not. 28, 1808. 
f Troup's Speech in the Houae of Bepresentatiyes. 



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OP THE UNITBD STATES. 818 

England men, was violently and bitterly hurled back npon 
the Southern members of Congress, as well as the Adminis- 
tration, by ascribing the embargo to French influence, ope- 
rating on Jefferson and his cabinet, and through them upon 
the members.* 

It is strange, indeed, that a policy so suicidal, working in- 
jury and devastation throughout the land, should have been 
so well sustained. It was lelt at the South in a diminished 
extent to what it was at the North, yet it contained the seed 
of that policy (the manufacturing interest^ which, when fos- 
tered by the very men who oppos^ the embargo, has thrown 
the South far and lamentably in the rear of our national pro- 
gress as compared with the North. The report and resolu- 
tions of the Committee of Foreign Relations were carried, — 
the two first by a vote of 84 to 30, the last unanimously. 

The resolution offered in the Senate by Hillhouse, 
of Connecticut, to repeal the embargo law, was voted leos. 
down by 25 to 6. 

It was in pursuance of the third resolution that the House 
voted an appropriation of four hundred and seventy-five thou* 
sand dollars, which was applied to fortifications, principally 
at New York ; four additional frigates were ordered to be 
equipped, and three thousand six hundred additional seamen 
to be enlisted. 

As a matter of the first importance, the attention of Con- 
gress was directed to the financial condition of the Govern- 
ment. It was the sanguine expectation of the opponents of 
the embargo, that its existence would be speedily closed by 
the wants of the Treasury; yet they were mistaken ; the effect 
on the finances was not seriously felt, on account of the large 
surplus of seventeen millions of dollars, beyond the annual 
expenses of the Government, which was on hand when the 
embargo was established. The new year (1809) would com- 
mence with money and bonds to the amount of sixteen millions 
of dollars. This amount was required to be set aside to meet 
the annual expenses, which, according to the existing rate, 
was thirteen millions, including eight millions for the interest 
and reimbursement of the public debt. 

If the country was to be put in a state of defence, in the 
just apprehension of an approaching war, it would absorb 

* It was oaloolated in the fall of 1808, that the supension of exports had 
imposed a loss of nearly thirty millions of dollars on the maritime interest. 
Vol. L— 21 



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814 CONSTITUTIONAL HISTORY 

more than this large surplus of eight millions of doIlareJ 
Under existing circumstances but little hope could spring 
from a reliance on commerce. If the thought of war was 
abandoned, a loan of five millions would scarcely serve the 
demands upon the Treasury for the ensuing year. The uni- 
versal cry of the Federalists was, that the country would be 
crushed beneath the weight of direct taxation, the oft-repeated 
lamentation of an unmanly sect who neither feel nor know the 
unfailing willingness and ever-sustaining ability of the people 
of the United States. At the early meeting of Congress 
these anticipations were dissipated, like the flying cloud before 
the morning sun, by the lucid and powerful report of the 
Secretary of the Treasury. It was impossible that we could 
be harassed with frequent war; our geographical position, as 
well as the fixed policy of the nation, forbade it : and he clearly 
opposed the idea of a resort to loans, under the belief that 
even a diminished revenue from imports would be sufficient ; 
he was fully persuaded that a resort to direct taxes would 
never be required; the war could not be so protracted as to 
place it beyond the power of the Government, upon the re- 
turn of peace, to meet the existing indebtedness from the 
duties on imports. This view of Gallatin proved ultimately 
unsound ; and such views ever will be so. No statesman or 
financier ever approximates the expenses or duration of a 
war. If the receipts of the Treasury proved insufficient, a 
loan, he thought, with doubling our duties, would meet the 
exigency.* 

The effects of the embargo were becoming more dreadful 
every day, whilst its increasing unpopularity was decidedly 
manifested from the increasing violence of the means resorted 
to by Congress to enforce it. It was necessary to pass a law, 
which received the name and is known in history as the En- 
forcing Act J to sustain the unjust and oppressive cruelty of the 
embargo. "More effectually to enforce the embargo." Giles, 
a Congressman from Virginia, — who, with but little learning, 
yet possessing a native intellectual vigor, united with much 
practice upon the floor of the House, had become a most skill- 
ful debater, — was the author of this act^ which, after a 
1809^ sharp debate, was hurried through a midnight session 
of the House ; suitable time, in its deepest darkness, 

* Reports of tlie Seoretarj of the Treasary, 180S-9. Printed bj order 
of the Senate of the United States. 



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OF THB UNITED 8TATBS. • 816 

for snch an act, which forfeited every vessel or boat, with every 
kind of careo, loading at any of the ports of the United States, 
to be carried off in violation of the embargo, or to be placed on 
foreign boats, to be carried off. Collectors were also required 
to seize all goods "apparently on their way'* to any foreign 
power, and hold them until bonds were given for their delivery 
m some port of the United States, not adjacent to any foreign 
territory. Many other harsh and despotic features existed in 
this law, even to authorizing the President to employ the army 
and navy, and to hire thirty additional cruisers, to keep in 
entire and unlimited subjection every species of foreign com- 
merce. 

The effect of the embargo was as injurious in some respects 
to Great Britain as to the United States; indeed, it had been 
admitted by Canning to be palpably so ; hence his proposition 
to repeal it, and restore to his country, perhaps, the most im- 
portant branch of her trade. 

It has been supposed that the offer was made because the 
repeal would be more likely to promote the views of Great 
Britain than the orders in council, not only in extending her 
trade, but in bringing the United States in conflict with France. 
At this time, and even before the passage of the Enforcins 
Act, a political crisis had arrived which doubtlessly would 
have severed the Union, had not the Administration and its 
party taken a course which resulted in the repeal of the em- 
bargo. Meetings were held in New England to protest against 
it, and also in Albany and the City of New York. The Fe- 
deral papers of Boston, in announcing the passage of the 
Enforcing Act, proclaimed, with their columns signalized in 
mourning, that "Liberty is dead.*' General Lincoln, and 
many other custom-house officers, resigned their post, rather 
than be the instruments for enforcing this last feature of the 
embargo. 

The merchants had determined, and thus ^ve notice, that 
in every instance of seizure they would institute suit in the 
State courts. 

A Boston town meeting resolved not to assist in carryins 
the Enforcing Act into execution, and that all who woulc^ 
ought to be considered "enemies to the Constitution of the 
United States, enemies to the State of Massachusetts, and 
hostile to the liberties of the people." 

A violent and most decided report passed the Massachu- 



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816 OOHSTITUTIOKAL HISTORY 

Beits Legislature, pronouncing it ^'unjust, oppressive, and nn- 
oonstitutional, and not legally binding/' 

John Quincy Adams, who had resigned his place in the 
Senate of the United States, on ascertaining that his course in 
sustaining the Administration was not in accordance with the 
views of his constituents ; but returning to Washington with the 
ostensible purpose of attending the Supreme Court, he, how- 
ever, having sought an interview with the leaders of the Admin- 
istration party, communicated to Giles, W. C. Nicholas, and 
Robinson, a Senator from Vermont, ''That a continuance of 
the embargo much longer would certainly be met by forcible 
resistance, supported by the legislature, and probably by the 
judiciary of the State. That S force should be resorted to 
by the Government to quell that resistance, it would produce 
a civil war ; and in that event, he had no doubt the leaders 
of the party would secure the co-operation of Great Britain. 
That their object was, and had been for several years, a dis- 
solution of the Union, and the establishment of a separate 
confederacy, he knew from unequivocal evidence, though not 
provable in a court of law. That in case of a civil war, the 
aid of Great Britain to effect that purpose would be as surely 
resorted to, as it would be indispensably necessary to the de- 
sign."^ In an interview of the same character, and for the 
same purpose, held with the President, this distinguished states- 
man informed him ''That a secret agent of Great Britain was 
then in New England, by whose intrigues every aid would be 
proffered by that Government to carry a project into execu- 
tion, which would at once render the restrictions on the com- 
<merce between the United States and Great Britain nugatory, 
;and all future opposition unavailing.^f Adams, in all pro- 
bability, likewise informed Jefferson that a severance from 
ike Union was already concluded, and the plan digested, if 
the restrictions upon commerce were persisted in.J 
In consideration of the existing danger to the Union, and 
^^ the determination of the Federalists, a disposition 
on the part of the President and cabinet was mani- 
fested in the early part of the year, to remove the commercial 
restrictions that were not only occasioning such dissatisfac- 
tion, but actually impoverishing the country. 

^ Hild. Hist, of the U. S., second series, toI. iii. p. 118. 
t Tucker's Life of Jefferson, voL ii. p. 286. 

X Ibid. ; National InteUigencer, Oct 22, 1828 ; Niles's Register, vol. xzt. 
p. 188. 



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OP THE UNITBD STATES. 817 

At one time it appears that the President not only held 
the opposition to the embargo in supreme contempt, but that 
its opponents themselves had abandoned all hope of resist- 
ance.* At a later day, howeiter, he ascribed the repeal of 
the embar^ to the Federalists, who, in his own language, 
" believed m the alternative of repeal or civil war, and pro- 
duced the fatal measure of repeal." This was Jefferson's 
opinion, written from the shades of his classic mountain-home 
i^ier the embargo had been repealed and he himself having 
retired from the turmoil, the excitement, and the cares of the 
Chief Magistracy; and strange it is that he clung with such 
tenacious fondness to a scheme he was forced to abandon, 
rather than face the horrid storm of civil war.f 

Congress at this time again became the theatre 
of angry and stormy debates in reference to an 
increase of the army and navy, for which large appropria- 
tions were asked. Joseph Story (who sat but a short time in 
Congress, and afterwards became the most brilliant, learned, 
and accomplished jurist that ever graced the American 
courts,) urgently advocated a large appropriation for the 
navy; the Democrats of the Middle and Southern States 
opposed bitterly the proposition of Story, it being insisted 
that if we build ships they would fall into the hands of the 
enemy. It was during this debate, with a view to obtain an 
immediate and decided expression from Congress, either for 
a continuance of the embargo or war, that Nicholas introduced, 
as a substitute for the embargo, the issuing of letters of marque 
and reprisal against all nations violating our maritime rights. 
Various propositions were offered and discussed as substitutes 
for the resolutions of Nicholas, among them was one by 
Bacon, proposing only to have our merchant-vessels Wtell 
armed. It was during this debate that a division was called 
for and obtained on the resolution offered by 
Nicholas. The first vote was on the repeal of the JJ^^ 
embargo. The Administration, it was known, had 
retreated from its former position, and preferred the 1st of 
June upon which the embargo should terminate; this was 
voted down by 73 to 40. An effort was then made for inde- 
finite postponement, which was lost by a vote of 26 to 98. 
When, finally, the 15th day of March was agreed upon 

* Jefferson's Works, toI. iy. p. 128. 

t Ibid., Tol. iy. p. 148, Letter toDeurbom, July 16, 1810. 



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818 ooNSTmrriONAi. histobt 

for the expiration of the embargo, to all nations except France 
and Great Britain, by a vote of 81 to 40. 

The interdiction of all commercial intercourse with 
France and Great Britain has been historically 
known as the Non-intercoMrse Law, which was, however, 
^^ limited in its operations to the end of the next Con- 
gress. The provisions of this act were such as to 
render it nearly nugatory, many supposing it to be thus im- 
perfectly adjusted to favor negotiations which were going on 
with the British Minister.^ 

No other proceedings of importance occurred at this ses- 
sion of Congress, except the act creating the new Territory 
of Illinois, which then embraced the present States of Illinois 
and Wisconsin, with a population of about ten thousand. 

On the 8d day of March, 1809, ended the labors of the 
Tenth Congress, and with it terminated the administration of 
Thomas Jefferson. 

As the reader approaches the close of this Administration, 
he is not only forcibly struck with the total dissimilarity to 
those that preceded it, with its decided influence upon the 
tone and character of the Government, but the deep and 
lasting impression it made upon the public mind. In the days 
of Washington, party spirit, slowly but gradually developing, 
had in the declining days of the elder Adams assumed a most 
violent type; but it was the last raging fever of Federalism, 
which was finally allayed by the election of Jefferson. The 
most decided feature of the administration of this man was 
the permanent establishment of the States-right school of 
politics; and whilst Jefferson was not entirely consistent in 
this respect, yet to him and the supporters of his Adminis- 
tration belong the credit of placing the States-right doctrine 
upon its impregnable foundation. As a natural effect, from 
the success of ^e principles of the States-right party resulted 
the progressive and increasing popularity of the Democratic 
school. 

The Administration that preceded Jefferson's was not only 
weak, but shaken by those violent storms of passion whicn 
had driven the Ship of State far from the true republican 
track; the Constitution still hung in the political firmament, 



* Tooker's Life of Jefferson, vol. ii. p. 287 ; Stat. Bian., toI. i. p. 268 ; 
Hild. Hist, of tlie United States, second series, vol. iii. p. 187 ; Bradford's 
History of the Federal Govermnent, chapter yii. 



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OF THB UNITBB STATES. S19 

as the unfailing star of our national safety; but dimly was its 
light to be seen when John Adams left the Presidential chair 
and Jefferson assumed the helm, on whom rested the duty of 
protecting us from the storm that raged without, and steering 
back to the shores of the Constitution. 

The Government was also to be re-established in the favor 
of the mass of the people, without which no Government at 
this day can stand. The first great necessity of this Admin- 
istration was to purify, — to purify the Federal bench, to 
purify the republican court, from which as from a common 
centre was to spread throughout the land those fundamental 
principles of our Government with an influence that would 
reach the mansion of the rich, the humble cottage of the poor, 
the learned student in his cloistered cell, and the hardy 
ploughman in his fields. This Administration forms a great 
and eventful drama, running through eight years of our con- 
stitutional history, the greatest and best act of which was the 
acquisition of Louisiana, which in all probability saved a dis- 
memberment of our Union by opening the navigation of the 
Mississippi, and brought under the mild rule of our republican 
Government an extensive territory where unborn millions are 
yet to rejoice in the light of freedom. 

The erroneous impression of Jefferson, that it was uncon- 
stitutional, is a notable exception to his strict construction 
tenets, and one of the rare instances in which Jefferson indi- 
vidually rose equal to the emergency; yet the occasion 
demanded it, and it ought to have been done; and not only 
was the brightest precedent established, (that of acquiring 
territory by treaty,) but its propriety is sustained by the 
strictest constitutional construction. 

The great and consummate error of this Administration 
was the embargo, the folly of which was accumulative by the 
tenacity with which it was adhered to and pressed upon the 
country by the President and his party, until forced to yield 
by the exhausted patience of a suffering community. With 
this exception, the domestic administration of the Govern- 
ment was tranquil and popular. Impartial history must also 
add the additional slur upon the intelligence of the President, 
his consistent hostility to the navy; and almost an isolated 
case of consistency does it form in the history of Jefferson. 

In reference to our foreign relations many difficulties beset 
us, growing chiefly out of the belligerent state of European 
affairs. Most of the difficulties with the nations abroad, had 



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S20 ' COHSTITUTIONAIi HI8T0B7 

been tranfimitted by the preceding AdminiBtration. Peace 
seemed the great ruling passion and idol of Thomas Jeffer- 
son. The cultivation of friendly relations with all mankind 
should be the highest aim of the Government, but never at 
the expense of that just and powerful spirit of resentment 
which is requisite to maintain the honor and dignity of a 
nation; for it must be remembered the road to national great- 
ness is won and maintained by high dignity of character and 
daring chivalry. It was, nevertheless, a high and statesman- 
like philosophy that led the Executive to dread the devastat- 
ing shock of war, and look with burning anxiety to the 
development of the mighty resources of this country, which 
could not be done, save under the smiling beams of peace. 

The difficulties with France and Spain, which Adams ought 
to have settled, were left to accumulate on the hands of Jef- 
ferson, which he not only suffered to remain unadjusted, but 
to which were added the increasing difficulties with Great 
Britain. It must be admitted that our diplomatic relations 
with England were not only most unskillfully conducted, but 
that an inevitable war was postponed but for a while, by a 
bungling diplomacy and unjust legislation, not less injurious 
in either its immediate or ultimate effects than was the war 
which in a few more years was spread over the land. 

Jefferson's administration, though in some particulars ex- 
ceedingly objectionable, resulted in much good, and worked 
a lasting advantage to the country. Jefferson himself may 
be very properly esteemed a representative man, one who 
gave tone and character to the period in which he presided 
over the nation with an influence that lon^ survived him ; and 
as strange as it may appear, the political tone which Jeffer- 
son imparted to the Government and to the people, was purer 
by far and much more elevated than the source from which 
this mighty personal influence arose. It cannot be denied 
that Jefferson obtained a personal popularity and political 
influence unparalleled in the United States. He was wafted 
to the zenith of his popularity by that powerful storm which 
prostrated the Federal party, the mighty agency of which, 
besides the strong States-right current which was rapidly 
coming over the minds of the people, was the belief, which Jef- 
ferson wickedly implanted and as wickedly sustained, that the 
Federal party were manoeuvring to introduce a monarchy 
modeled on the forms of the British Government ; that they 
were in alliance with it, if not already subjected to its influ- 



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OF THB UNITSD 8TATBS. 

ence. Doubtlessly it was to give full effect to this scheme 
that he relinquished the most important post in the cabinet 
and retired to the shades of priyate life, and the cultivation 
of ^^peas and philosophy'' amidst the sunny slopes of Mon- 
ticello. And it was necessary he should retire from the 
cabinet, or be overwhelmed in his own slanderous schemes. 

In order to gain the political influence at which he was aim- 
ing, it was necessary that he should convince the people that 
the Government was wrong in its conduct towards France, 
and e converso France was right in her treatment towards 
the United States; and whilst he accused Washington of 
having "truckled servilely to England," the candid reader 
must admit that whilst there is no evidence of such a charge 
being true towards Washington, there is strong grounds of 
applying it to Jefferson in reference to France, especially as 
he is not free from the truthfulness of the charge that linked 
him in intimacy with the Democratic societies which at that 
day were under the patronage of citizen Genet,* a warm 
supporter of whom was Freneau, translating clerk in the 
Department of State, who was the foul-mouthed slanderer of 
Washington, but towards whom Jefferson was exceedingly 
kind, and would not procure his removal from office, because 
"his paper has saved the Constitution, which was galloping 
fSftst into monarchy, and has been checked by no one means 
so powerfully as by that paper/'f 

In pursuing the truthful path of history, I am not only 
compelled to record Jefferson as one of the most inconsistent 
of men, but the living impersonation of deceit and slander. 
He was among the last to give up the longing desire of a 
restoration of the colonial connection with Great Britain; 
and the man who styled Hamilton and Washington monocrats, 
declared "that there is not in the British empire a man who 
more cordially loves a union with Great Britain than I do ;" 
and this whilst he was a member of Congress, and as late as 
17764 He was first violently opposed to the Constitution, 
and then in favor of four States holding off or refusing their 
ratification. He advocated the assumption by the General 
Government of the debts of the States, and afterwards be- 



^ Lee*8 Remarks upon the WritiDgs of Jefferson, Letter second, 
f Jefferson's Works, vol. iv. p. 485, under the title of Ana. 
X Jefferson's Works, vol. i. p. 152, Letter to John Randolph, dated No- 
Tember 29, 1775. 



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822 00H8TITUTI0HAL HISTORY 

came bitterly opposed to it, accnsing Hamilton of tricking 
him into a scheme, the like of which he had recommended 
whilst Governor of Virginia.* He opposed the United States 
Bank and the establishment of branch banks, bat approved 
and signed the bill creating the Branch Bank of the United 
States at New Orleans. He was the author of the ordinance 
of 1787 ; yet in reference to the Missouri restriction, he thought 
slavery ought to be extended on grounds of policy.f He 
abused the excise law as ^^an infernal one," and whilst he 
admitted its constitutionality, he thought it a vice in the Con- 
stitution itself; but it will be remembered that he was the 
father of the embargo.^ He approved the Cumberland Road 
Bill, which was a large appropriation for an internal improve- 
ment; yet he considered and made opposition to internal 
improvements one of his fundamental principles. He first 
advocated and then condemned a protective tariff. He was a 
strict constructionist, but he acknowledged, and gave it as 
his opinion, that he overleaped the bounds of the Constitution 
in negotiating for Louisiana. He was the embodiment of the 
State-rights doctrine, and even carried it to the extent of the 
bitterest recrimination against Washington, for sending an 
army to suppress the "whisky insurrection," and to extin- 
guish the open defiance of the laws of the Government, which 
raged in western Pennsylvania, to the extent of an avowed 
opposition to the executive, legislative, and judiciary of the 
United States.§ 

When informed of the opposition of the New England 
people to the embargo, he coidd then see and pronounce it 
treason. 

I have said that it was a part of the mission of Jefferson 
to purify the Federal Judiciary, which he did; yet it is a 
melancholy reflection that in the trial of Burr, Jefferson acted 
in reference to it and towards the bench, in a manner not to 
be justified by his warmest admirer. 

That it HI as incumbent on the President to arrest Burr and 
have him tried none will deny; that he was guilty of some 
heinous offence is beyond dispute; but, after the criminal was 
arrested and before the bar of justice to await that impartial 

* Lee's Remarks on the Writings of Jefferson, p. 76. 
f Letter to Holmes, Jefferson's Works, vol. iv. p. 828. 
I Letter to Madison, Jefferson's Works, vol. iii. p. 807. 
I MarshaU's Life of Washington, vol. y. pp. 28(5 to 298, and 676 to 690; 
Ramsey's History of the United States, vol. iii. p. 74. 



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09 THB UNITSD 8TATB8. 828 

trial, to which all are entitled, it was beneath the dignity of 
the Executive, whither resided the right to appeal and the 
right to pardon, to mingle as a partisan in a trial at law, and 
assume even the livery of a prosecutor.* 

In vain had we escaped the thraldom of England, worse 
than useless the great revolutionary struggle, if an American 
President, pending a trial for high treason, could closet him- 
self with witnesses, give way to the rankest intemperance, 
suggest the arrest of counsel employed in the defence, as 
parttceps criminis; and. whilst even it might fail, it would 
have the effect ''of putting down this unprincipled and im- 
pudent Federal bull-dog/*t 

This must always be regarded as a dangerous and impure 
manifestation of ungovernable temper on the part of Jeffer- 
son, at which the judicial atrocities of the days of the Tudors 
and Stuarts may blush. 

The tnconsistenci/ of a statesman, when applied in the com- 
mon interpretation of the word, is not only often excusable, 
but frequently right. In all ages, in every country, policy and 
measures are not only the result of experience, but the rapid 
changes which are daily occurring will require measures at 
one time which might be dangerous at another; the diseases 
of the body politic, like those of the human system, are 
changeable, the very symptoips even variable, and the policy 
of the statesman, like that of the physician, may often be 
judiciously and properly adjusted to the different conditions 
of the patient. 

But this was not the variableness of Jefferson; his imme- 
diate expression of opinions, his constant avowal of princi- 
ples, were too little in unison with his public acts to be ex- 
cused or palliated in the man, whatever may have been the 
brilliant results of his public career. 

In pursuing still further the character of Jefferson as a 
public man, and only as such do I allude to him, it is the 
more painful to find that he was exceedingly deceitful in his 
intercourse with the public men of his day, often convicting 
him of slandering those to whom he professed admiration 
and attachment, or of heartless and insincere flattery. The 
reader, upon a full examination of the very voluminous cor- 



* Jefferaon's Works, yoL It. pp. 76 to 108, embracing the oorrespondenoe 
with the District- Attorney, 
t The aUusion is to Luther Martin, one of Burr's ootinseL 



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824 COHSTITUTIONAL HISTORY 

respondence of Jefferson, may be surprised but conyinced of 
the truth in this particular. 

We find him at one time the warm admirer and professed 
friend of Washington, to whom he unbosoms himself with a 
most abundant show of esteem and regard.^ At the same 
time James Madison had in his possession the written eyidence 
of abuse and want of confidence in the President, a copy of 
which was carefully preserved by Jefferson.f No doubt exists 
that Jefferson's honest opinion was, that Washington was an 
upright, able, and efficient statesman and patriot; this is ap- 
parent from many passages in his works. Tet it is evidently 
as apparent that he used the weapon of defamation without 
restraint, which all must believe was done in the first instance 
to render the administration of Washington unpopular; and 
when, in the second place, we find it continued even to the 
death of Washington, that it was solely the outpouring of a 
malevolent temper. J In the daylight, his was the open voice 
of friendship ; in the darkness of the night, it was the low 
and stealthy whisper of enmity and slander. In the cabinet, 
one of the pillars of the administration of Washington ; but 
from the heights of his "little Olympus," he endeavored to 
scatter the poison that he hoped would undermine his Admin- 
istration. He united with the cabinet in the endeavor to put 
down the "Democratic societies,'* which Genet had been 
instrumental in establishing, and which deserved universal 
odium; yet he thought the denunciation of the Democratic 
societies "one of the extraordinary acts of boldness of which 
we have seen so many from the faction of monocrats. It is 
wonderful, indeed, that the President should have permitted 
himself to be the organ of such an attack on the freedom of 
discussion, the freedom of writing, printing, and publishing."! 

The reader will remember the offensive character these 
societies assumed to our Government, and the treatment 
Genet received, who was the chief instigator of all their dis- 
order and public disturbance, and which so justly excited the 
indignation not only of the President, but a large part of the 
community. 

♦ Jefferson's Works, vol. iii. p. 880, Letter to the President, June 19, 
1796. 

{Jefferson^s Works, vol. iii. p. 807, Letter to Madison, Deo. 28, 1794. 
Ibid., Tol. iii. pp. 14, 15, 17, 19, 28, 27, 28, 85, 87, 49, 58, 57, 68, 807; 
ToL It. pp. 184-5, Letter to Melish ; yoL iii. p. 898, Letter to Colonel T*j- 
lor ; YoL Iy. p. 284, Letter to Dr. Jones. 
2 Jefferson's Works, yoL ilL p. 807. 

\ 

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OF THB UHITBD STATXB. 325 

The same spirit of duplicity is exhibited towards the well- 
known and venerable society of the Cincinnati, the object of 
which was a friendly affiliation of the war-worn officers of the 
Reyolntion, with Washington as their President. It is well 
known that he prepared the article on the "Cincinnati," for 
Mensnier, the author of that part of the EneyclopSdie MS' 
t1u>dique entitled Economic Politique et Diplomatique^* 
which he afterwards corrected, under the inspection of La 
Fayette and Colonel Humphreys, and which he sent to Ge- 
neral Washington.f In this paper he not only spoke in the 
most favorable, respectful, and affectionate manner, but cor- 
rected the views Meusnier had inserted, because it contained 
a philippic against the society. 

The reader will be surprised to learn, after this, that the 
most violent philippic ever published against this society was 
from the pen of JefiFerson himself. J If the history which he 
took so much pains to correct (which he had prepared whilst 
in Paris for Meusnier) be true, the reader can form but one 
opinion in reference to a totally dissimilar one furnished to 
Madison. 

Upon a further inspection into the deceitful character of 
Jefferson, we find it manifested to a most disgusting extent 
for mere selfish ends towards the unfortunate Burr, who, it 
will be remembered, was his competitor for the Presidency, 
in reference to whom he says, — "I had never seen Colonel 
Burr, until he came as a member to the Senate. His conduct 
very soon inspired me with distrust; I habitually cautioned 
Madison against trusting him too much; I saw afterwards, 
that under General Washington's and Mr. Adams's adminis- 
trations, whenever a great military appointment or a diplo- 
matic one was to be made, he came post to Philadelphia to 
show himself; and, in fact, he was always at market if they 
had wanted him. He was, indeed, told by Dayton in 1800, 
that he might be Secretary at War; but tins bia was too late; 
his election as Vice-President was then foreseen. With these 
impressions of Colonel Burr, there never had been any inti- 
macy between us, and but little association.'*§ 

These, it will be seen, were the long standing opinions of 
Jefferson, running back to Washington's first administration. 

* Jefferson's Works, voL i. p. 898. 

t Ibid., voL ii. p. 62. 

t Ibid., Tol. iii. p. 807, Letter to Madison. 

J Ibid., vol. iv. p. 520, January 26, 1804. 



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826 ooNSTrrnnoNAL histobt 

With what honesty of purpose, then, could he write to this 
man on the 17th of June, 1807, — "Perhaps, however, some 
general view of oar situation and prospects since you left ns, 
may not be unacceptable ; at any rate, it will give me an 
opportunity of recalling myself to your memory, and of 
evidencing my esteem for you;*'* in which letter, after his 
usual indulgence of taunts against the Administration, he has 
the boldness to style himself " With great and wneere esteem^ 
dear sir, your friend and servant." 

But at another time, when Jefferson thought that he had 
• been elected President and Burr Vice-President, whilst he 
congratulates him on the issue of the contest, he feels the 
loss sustained in his aid of the new Administration ; and evi- 
dently alluding to his desire to have placed him in the cabinet, 
he says, — "I had endeavored to compose an Administration 
whose talents, integrityy names, and dispositiorij should at 
once inspire unbounded public confidence, and insure a per- 
fect harmony in the conduct of the public business. I lose 
you from the list, and I am not sure of all the others, "f 

At a later date, when it appears a letter was received by 
Judge Breckenridge from Jefferson, reflecting severely upon 
Burr, he wrote to him again, that it was a forgery, if it con- 
tained anything unfriendly or disrespectful ; sending him at 
the same time a press copy^ leaving the question of veracity 
to be decided between it and those who saw the letter.^ 

This was the man against whom he habitually cautioned 
Madison, and of whom he said in 1807, — "Against Burr 
personally, I never had one hostile sentiment. I never, in- 
deed, thought him an honest, frank-dealing man, but consi- 
dered him as a crooked gun or other perverted machine, whose 
aim or shot you could n^ver be sure of.'*§ 

Notwithstanding the blemishes so apparent on the character 
of Jefferson, he has been justly esteemed in some respects a 
good man, as well as a patriot, and one whose political career 
was not only remarkable for its decided influence upon the 

* Jefferson's Works, vol. iii. p. 586. (Whilst Jefferson was Vice-President.} 

f Ibid., Yol. iii. p. 445, Letter to Burr, December 15, 1800. 

I Ibid., Yol. iii. p. 449. 

I Ibid., Yol. iy. p. 74, Letter to Giles. See also Lee's Remarks on the 
Writings of Jefferson; see Jefferson's Letter to Mazzei, toI. iiL p. 827, 
highly abusiTe of the different branches of the GoTemment, and his fhtile 
attempt to explain it in his Letter to Madison, vol. iii. p. 862 ; Letter to Martin 
Van Buren, 29th of June, 1824, and the remarks of Lee on the Writings 
of Jefferson, p. 91. 



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OF THB UKITSD STATB8. 827 

Government, but stamping the age in which he lived with the 
deep and lasting impress of the principles of human liberty 
and human rights, with which his own mind was so strongly 
imbued. 

He retired from oflfice with the warmest applause of a large 
majority of his fellow-citizens, many of whom were desirous 
that he should serve another term, but he could not be in- 
duced to violate the precedent which had been set by Wash- 
ington, and he voluntarily retired to the shades and quiet of 
his mountain-home, devoting his time alternately to the pur- 
suits of philosophy and the cultivation of his farm.* 

There existed a wide diflFerence between the administrations 
of Washington and Jefferson; the one was conducted with 
reference to the firm establishment of the Federal Govern- 
ment which was to receive vigor and eflficiency in contradistinc- 
tion to the weak and inefficient Articles of Confederation, the 
deficiencies of which were to be supplied by the Constitution. 
It was necessary that the Government should be administered 
with sufficient force in its beginning, to give it that dignity and 
character which would satisfy the public mind that it possessed 
a self-sustaining power. There were many conflicts between 
the General and State governments, and the great difficulty 
in the first stages of its operation, was to define the proper 
limits to each. The State governments were each jealous 
of their own prerogatives, and evinced a strong tendency 
to encroach on the Federal domain. The same tendencv 
would always be suspected (as has always been the case with 
the General Government) towards the State governments. 
Washington, placed at the head of the first administration, 
could not have sustained the Constitution had he yielded to 
the clamors against it ; it was inevitable that he should main- 
tain the Federal doctrine. 

It will be easily perceived, however, that the tendency to 
increase the exercise of power, which is almost inseparable 
from the nature of the Government, was early manifested 
under the operations of the Constitution. It was the imperi- 



* He received addresses from the legislatures of Vermont, New Jersey, 
Pennsylvania, Maryland, Georgia, the House of Delegates of Virginia, and 
the Senate of New York, to serve a third term ; and from the legislature 
of Virginia he received a flattering and complimentary address '*for the 
model of an Administration conducted on the purest principles of repub- 
licanism." The paper was drawn up by Wirt, and passed the House of 
Delegates by a vote of 116 to 24. 



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828 OOKSTirnTIONAL hisiory 

ons necessity for proper checks and balances that called into 
existence the States-right doctrine, and this accretiye ten- 
dency to power in the Government has sustained it ever since. 
There is no inconsistency in bestowing a just and dae praise 
upon the administration of Washington, under the circum- 
stances that surrounded him and the exigencies that beset 
the Government, when first the Ship of State was launched, 
and at the same time bestowing a like due approval of that 
policy which afterwards regulated its machinery, tempered 
the force that first wafted it from shore, and controlled that 
immense motive power by a scale which the hand of experience 
had defined. 

If the principles of the Federal party had continued to be 
administered, it must be apparent that the rights of the 
States would soon have been destroyed; and instead of the 
Federal Government working in unison with those of the 
States, instead of each moving harmoniously with the other 
in its respective orbit, a powerful and consolidated empire 
would be wielding its massive agency in the place of the pre- 
sent well-defined and restricted forms of Federal and State 
governments. Jefferson's policy was formed more in accord- 
ance with the current of popular opinion than Washington's; 
he placed more confidence in men, more reliance in their capa- 
city for government, as well as in their common integrity. It 
was in exact accordance with those enlarged ideas of human 
rights and human liberty, which had signalized his public 
career, and forms the most conspicuous feature among his 
political sentiments. It cannot be denied that danger lurks in 
such policy. Every Government must possess a principle of 
energy and coercion, a self-sustaining power, else it is liable 
to be prostrated by the first outbreak of popular feeling. In 
a republic, where the Government rests entirely on popular 
opinion, the greater is the danger of sudden downfall and 
destruction; a slight cause more easily affects the people; 
the minds of the citizens of a republic are more inflammable 
than those of a monarchy, especially from slight causes. It 
should always be remembered by those who seek the favor 
of the masses that they are playing upon the strongest pas- 
sion of the mind, the excitement of self-interest; that man has 
always been prone to think himself oppressed by Government, 
and ever ready to raise his arm against the authority that 
is over him; and in a Government like that of the United 
States, where political power is directly wielded by the peo- 



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Of THS UNrau) STAnS. 8S9 

pie, it is always danfferoris to the Constitution to be con- 
stantly diminishing its authority by yielding to popular 
prdudice and clamor. 

The political sentiments of Jefferson were certainly tinc- 
tured with an inclination to flattery of the populace, with a 
tendency to place an over-confidence in the acts and opinions 
of the masses. Yet with himself, it cannot be said that he 
yielded to the influence his own doctrine so naturally sug- 
gested. History will show that he more frequently origmated 
and directed public opinion than yielded to its popular cur- 
rent or courted its influence. 



Vol. I.—22 



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880 OOirSTITXmOHAL HIBTOftT 



CHAPTER Vn. 

THE ADMINISTRATION OF JAMBS MADISON. 

James Madison was bom in the County of Orange, on the 
16th of March, 1751. His family were of Welsh descent, 
and early emi^ants to Virginia. The subject of this sketch 
graduated at rrinceton in 1771. He was a close student, 
which somewhat impaired his constitution, enfeebling his 
health for many years. After completing his collegiate 
course, he remained at Princeton a year, pursuing his studies 
under the venerable Dr. Witherspoon. After returning to 
Virginia h^ commenced the practice of the law. His talents 
were soon appreciated by the community in which he resided; 
the solicitations of his friends soon enticed him from the 
walks of private life; the high order of intellect, which had 
been adorned by a polished education, designated him as one 
eminently suited to occupy an influential station upon the 
political theatre. He was elected to the General Assembly 
of Virginia in 1776, and in 1778 he was appointed to the 
Executive Council. 

In 1779 he was sent a delegate to the Continental Con- 
gress, in which body he was an active and leading member 
until 1784. 

In 1786, the legislature of his native State ap- 

**''"*^* pointed him one of her delegates to a convention 
from the several States, which was to meet at AnnapoUs the 
ensuing September, to devise a uniform system of commer- 
cial regulations, which, when ratified, were to be binding on 
the Confederacy. This convention resulted in no important 
ffood; only five States were represented, and the body ad- 
journed without recommending any decisive action, except 
that a convention of delegates of all the States be held at 
Philadelphia in May, 1787, to take into consideration the 
condition of the States, to devise such further provisions as 
should appear to them necessary to render the Constitution 



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07 THB UNITBD 8TA1W. 881 

of the Federal Goyemment adequate to the exigencies of the 
Union. 

This was the Convention that framed the Constitution of 
the United States. It has been previously stated that Madi- 
son ranked as one of the very first in this body of intellectual 
giants. He was one of the leading debaters, and preserved 
quite a copious body of notes, which have recently been given 
to the world. 

In the Convention he is known to have advocated a strong 
national government, and generally to have coincided with 
Washington and those of his friends who were in favor of 
such form of government.* 

After the Constitution had passed the ordeal of the Con- 
vention, and was submitted to the people of the States, Madi- 
son was elected a member of the Virginia Convention, which 
had been called to take the Constitution into consideration. 

In this body, where sat a large number of the ablest men 
of Virginia, when her statesmen were equal to any the world 
ever knew, Madison stood foremost among the first. 

The Constitution was adopted by a vote of 89 to 79, by 
this Convention. With Madison were found Marshall, Pen- 
dleton, Wythe, and Edmund Randolph ; whilst Patrick Henry, 
Monroe, Urayson, and George Mason were his ablest oppo- 
nents. 

The ratification of the Constitution was considered a tri- 
umph by the Federal party. The anti-Federalists held the 
majority in the legislature, and Madison was defeated when 
the election came on for United States Senators, Grayson 
and R. H. Lee being the successful candidates. No man at 
that day had contributed more towards the framing as well as 
the rat&cation of the Constitution than Madison. The larger 
part of those elegant essays, known as the ^^Federalisty' was 
the product of his pen; and the result of the vote in the Vir- 
ginia Convention is justly attributed, in a large degree, to his 
talent and exhaustless energy. To this cause is to be attri- 
buted his defeat for the Senate. 

He was, however, elected a member of the House of Repre- 
sentatives, and took his seat in Congress in April, 1789. Here 
he bore an active and distinguished part in adopting the mea- 
sures necessary for the organization of the Government. He 

• ♦ Stat Man., vol. i. p. 268. See North American ReTiew, voL xxv., con- 
taining a document from the pen of Washington, exhibiting a summary of 
Madison's opinions on the form of a constitution to be adopted. 



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S83 OOK0TI!FUTIOHAI< HJ0TO&T 

senred in Congrees daring the entire administration of Wafih- 
ington. The measures of this period have been previonsly 
treated of. Madison was opposed to the leading features of the 
Administration, especially the funding system and the national 
bank. He took sides with Jefferson, who was then Secretary 
of State, in opposition to Hamilton, who was the most influ- 
ential member of the cabinet. 

It will be seen that Madison was defeated by the anti-Fe- 
deral party for the Senate; that he was one of the first of the 
Federal school, a coadjutor of Hamilton and Jay, in urging 
the adoption of the Constitution, though he never went to the 
extremes of Hamilton; yet as soon almost as he was elected 
to the House of Representatives, he is allied with the anti- 
Federal party, and becomes their leader in Congress during 
Washington's term of service. 

In January, 1794, Madison introduced his commercial re- 
solutions ; they were based on a report which Jefferson had 
made, as Secretary of State, on the subject of our foreign 
relations, and as a manuscript copy was found among the 
papers of Jefferson, they were probably prepared with his 
concurrence. They reflected accurately the sentiments cf 
the Secretary of State in reference to his hostility towards 
England, as well as his partiality for France. 

The substance of the first resolution was, that the interest 
of the United States would be promoted by further restric- 
tions and higher duties in certain cases, on the manufacture 
and navigation of foreign nations. The additional duties 
were to be laid on certain articles manufactured by those 
European nations which had no commercial treaties with the 
United States. These resolutions required reciprocity in 
navigation, except with respect to the West India trade. The 
last of the resolutions declared that provision ought to be 
made for ascertaining the losses sustained by American citi- 
zens, from the operation of particular regulations of any 
country contravening the law of nations; and that these 
losses be reimbursed, in the first instance, out of the addi- 
tional duties on the manufactures and vessels of nations 
establishing such regulations. 

A long and animated debate ensued on these resolutions. 
On the 3d of February the first was adopted by a majority 
of five only.* 

* Pitkin. lires of the Presidents, by liaooln, p. 189 

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07 THB mnm> statbs. ZSi 

Madison contintied to act with the anti-Federal party daring 
his political life, which tdtimatelj assumed the name of Demo- 
cratic party. He seems to have co-operated with Jefferson 
with great unanimity, and during their long service and pro- 
tracted lives, the warmest friendship and confidence always 
existed between them. Madison retired from Congress in 
1797. He was a strong and decided opponent of the admin- 
istration of John Adams. When party feeling reached its 
utmost violence in reference to the Alien and Sedition Laws, 
Madison, with a view of opposing the Administration, but at 
the same time wishing to conciliate the State within the limits 
of a constitutional opposition, accepted a seat in the Virginia 
Legislature. In 179o he drew the celebrated report on the 
Alien and Sedition Laws, which concluded with a series of 
resolutions against them. After retiring from the legislature 
of Virginia, for a very short time, he was, on the election of 
Jefferson, appointed Secretary of State, where he remained 
during his Administration. 

Madison, in personal appearance, was rather small, and 
somewhat inclined to corpulency; slow, solemn, and deliberate 
in speech; a blue, penetrating eye, though a calm and quiet 
expression; his manner modest, gentle, and retiring, whilst 
his cultivated mind rendered him a pleasing and instructive 
companion. By constant care and much practice he became 
not only an elegant but a formidable debater. He was like- 
wise an exceedingly popular and polished writer, his style 
being surpassed by few American statesmen of his day. 

The leading position he occupied in framing the Constitu- 
tion, and the clear and forcible contributions of his pen, in 
behalf of that instrument, won for him the lasting and en- 
dearing title of "Father of the Constitution," as had the 
patriotism, the trials, and wisdom of Washington, intwined 
around his name the fadeless appellation of "Father of his 
Oountrv." 

Madison, who had embraced the Democratic doctrine, and 
was looked to by the country as the proper successor of Jef- 
ferson, was elected to the rresidency by a vote of 122 out 
of 175 electoral votes, George Clinton receiving 118 for Vice- 
President. 

The three rival candidates were Madison, Monroe, and 
Clinton. Much bitterness had been engendered during the 
contest, by Clinton's competing for the rresidency; threats 
were afloat of subetitoting another candidate for the Vice- 



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884 OONSnTUTIONAL HISTORY 

Presidency. This offended the friends of Clinton, who went 
to the extent of making overtures to the Federalists, which, 
however, after some consideration was declined.* The Fede- 
ralists, determining to maintain their position, voted for their 
candidates, C. C. rincknej and Rufus King. The Federal 
vote in this election amounted only to 47. 

On the 4th of March, 1809, Madison was inaugurated Pre- 
sident of the United States; the oath of office was adminis- 
tered by Chief-Justice Marshall. The first business that en- 
gaged his attention was the selection of his cabinet, which 
consisted of Robert Smith, of Maryland, Secretary of State; 
William Eustis, of Massachusetts, Secretary of War; Paul 
Hamilton, of South Carolina, Secretary of the Navy, (hi- 
latin, who had been so long in the cabinet, was retained as 
Secretary of the Treasury, and Csesar A. Rodney, of Dela- 
ware, reappointed Attorney-General. When the President 
approached the Executive chair, he found our own country 
not only full of difficulties, but the condition of Europe with- 
out a parallel in the history of the world, which, indeed, had 
affected the relations which we bore with the leading foreign 
powers to so alarming an extent. The relations between the 
United States and England, as well as with France and Spain, 
were unsettled. 

Madison, it was supposed, was not so imbued with hatred 
to England as was his predecessor, which elated the hopes 
of the country that some arrangement might be made to 
adjust the difficulties that existed; he was anxious for an 
amicable adjustment of our English difficulties, but sufficiently 
firm and resolute to defend the interest and honor 
of his country. The critical state of our foreign 
affairs occasioned the Eleventh Congress to convene at im 

Ma 22. ®^^^y ^*y *^®^ ^^® inauguration of the President ; 
^ war was apprehended either with England or France. 

The late elections to Congress had sustained the Demo- 
cratic majority; Joseph B. Varnum was elected Speaker. 
This session of Congress lasted but a short time, adjourning 
on the 22d of June, having done but little. 

The last Congress had substituted in place of the embargo, 
the Non-intercourse Act with Great Britain and France; this 
was continued with some slight modifications. 

Very soon after Madison's administration commenced, an 

* Hild. Hist., Becond series, voL iii. p. 94. 

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OF THB UNITBD STATES. 886 

effort was made on the part of Erskine, the British Minister 
at Washington, towards adjusting the difficulties between his 
Government and the United States. He had received from 
Canning, the English Secretary of State, powers to treat, 
embracing instructions as to the points to be insisted on. The 
orders in council were to be withdrawn on condition that the 
prohibition against English ships appearing in the American 
waters should be repealed, and an abandonment of the right 
claimed by the United States to trade with such of the ene- 
mies' Colonies as she was not permitted to trade with in times 
of peace. These conditions were disregarded by Erskine; 
he considered the suspension of the Non-intercourse Law as a 
fair equivalent for that of the orders in council, and unhe- 
sitatingly stipulated that they should not be in force after the 
10th day of June. The President forthwith suspended the 
Non-intercourse Act.* 

As soon as Erskine communicated with his Government, 
he was informed by Canning that he had transcended the 
instructions given to him and that his stipulations would not 
be received. The English Minister acknowledged that he 
had transcended his authority, urging as his reason for doing 
so, the great anxiety to accomplish the object which his 
Majesty had in view, which no doubt was the settlement of 
all existing difficulties. 

It was unfortunate that such blunders in the diplomacy of 
Erskine should have occurred. It had a great tendency to 
influence the minds of the American people, believing that 
Erskine had acted in obedience to his instructions, and that 
it was the capriciousness of Canning that induced the dis- 
avowal; and though afterwards proved to be untrue, the par- 
liamentary opposition embraced at the time the same belief. 

The immediate consequence was the proclamation of the 
President, renewing the operation of the Non-intercotirse Law 
and the recall of Erskine. The first special session of the 
Eleventh Congress had adjourned with brighter hopes of a 
restoration of harmonv with the European powers, when sud- 
denly the news spread over the land of the disavowal of all 
the stipulations of Erskine. 

But little was done at this extra session ; the most import- 
ant act was the dispensing with the provisions of the embargo, 

* American State Papers, vol. vii. p. 218 ; Lincoln's Lives of the Pre- 
sidents, p. 148. 



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8M 00V8TITUTI0KAL SI0TOB7 

and also the removal of the restriotions upon foreign armed 
vessels, with a provision legalizing the trade with Great Bri- 
tain, under the proclamation of the President; but at the 
same time continuing the non-importation system. 

Though this act, which was somewhat complicated, passed 
with oonsiderable onanimitj, there was some objection to 
the admission of French ships-of-war, it being considered 
a concession to France contrary to the understanding with 
the English Minister; this objection continued but a short 
time, as the arrangement with Erskine was soon broken up. 

It was, however, considered a plausible advance to the 
French Government ; and it was strange that it was so, for it 
was at that period that Turreau, the French Minister, ad- 
dressed our Secretary of State very rudely, with severe reflec- 
tions upon our Government in reference to the Erskine ar- 
rangement, with accusations of partiality to Great Britain, 
with complaints against the American press for the manner 
in which they had reflected upon Bonaparte, and asserting that 
the Emperor would not renew the convention of Commerce, 
which would soon expire, until these grievances were re- 
dressed.* 

During the debate at this session o{ Congress on the Non- 
intercourse Bill, Livermore introduced a resolution to allow 
commercial intercourse with Hayti. The island was consi- 
dered a dependency of France, but the French part of it 
had in reality been independent for a long time. Since the 
death of Dessalines, the French Colony of St. Domingo had 
been divided into two difierent States or departments ; Cape 
Havtien under Christopher, with a govekioment of blacks, 
and Port-au-Prince under Petion, with a government of mxt- 
lattoes. The Spanish part had revolted, though formerly 
acknowledging iJlegiance to the French authority; the City of 
St. Domingo being held under garrison by Ferrand. 

The proposition of Livermore was fiercely assailed by John 
Randolph and Macon, as tending to disturb the institution of 
slavery in the Southern States; the resolution was, finally put 
to a vote of the House, when it received but one vote; that 
of the distinguished mover. It appears to have been a fri- 
volous and groundless opposition, for in a few months the 
prohibitory enactments expired and commercial intercourse 

* Hild. Hist, geoond 8eri«i» toL UL p. 181. 



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07 THB XSmrnO) 8TATI6. 8S7 

with Harjrti was renewed, and has been carried on ever sinoe."^ 
Notwithstanding the thick and dark cloud overshadowing our 
political relations with England, which every effort at nego- 
tiation seemed to render thicker and darker, the two countries, 
it would appear, were anxious to restore harmony by the re- 
newal of diplomatic intercourse and continued effort at nego- 
tiation. 

It is not to be supposed that the English Goyemment 
desired to proyoke a war with the United States; and whilst 
her course was entirely unjustifiable towards us, her condition 
then, surrounded with dangers and difficulties on eyery side, 
struggling for existence against the unriyaled power of a 
most desperate foe, it was natural for her to resort to the 
most extreme measures of defence. It was at France these 
injuries were directed, though the indirect blow to the United 
States was beyond the power of endurance. The duplicity 
and unfair dealing on the part of the British Goyemment 
towards us in disavowing the acts of its accredited Minister, 
Erskine, who, whilst he acknowledges to Canning that he had 
transcended his authority, endeavors to prove to our own 
Secretary of State, that he had fairly represented the British 
Gt>yemment, do not adroit of explanation. This state of 
our affairs caused the President to issue another proclamation, 
reviving the Non-intercourse Act.f The English Government, 
after the recall of Erskine, sent to this country a ^^ 
gentleman of extensive diplomatic skill and expe- 
rience, named Jackson, who reached the seat of Government 
towards the latter part of the year. 

In obedience to instructions, he refused to state the rea- 
sons for the disavowal of the three propositions, which had 
been assented to, by Canning, but was willing to enter into 
negotiations for the restoration of amicable relations between 
the United States and Great Britain. The three conditions, 
on which were based a project for a treaty, were— 

1st. The repealing as to Great Britain, but keeping in 
force as to France and all countries adopting her decrees, as 
long as those decrees were continued, all existing non-impor^ 
tation and non-intercourse acts, and acts excluding foreign 
ships-of-war. 

2d. The renunciation by the United States, during the pre- 

« Hild. Hist. Yol. Ui. p. 188. 

t Amerioan SUto Papen, toL tU. p. 229. 



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888 00N8TITUTI0HAL HI8T0RT 

sent war, of any pretensions to carry on any trade with the 
Colonies of the belligerents, not allowed in time of peace. 

3d. To allow British ships- of-war to enforce, by captore, 
the American non-intercourse with France and her allies. 

It was the disavowal of these conditions by the English 
Government that occasioned the dissatisfaction that existed 
towards Erskine, and was ultimately the cause of his being 
recalled. It is beyond comprehension, why our cabinet officer, 
the honorable Secretary of State, R. Smith, clung with such 
pertinacity to the arrangement which had been made with 
Canning. The conditions were of scarcely any value to us, 
whilst England would have obtained full and free access to 
our ports. The disavowal on the part of England served to 
exasperate and heighten the war fever in this country, and 
may be said to have increased it, more especially at the 
North, which at that day was assuming that high commercial 
position which but faintly indicated the career of wealth and 
prosperity that awaited her. 

Under such a state of national feeling (from which the cabi- 
net even was not free or able to conceal) commenced the 
diplomatic correspondence between Jackson and Smith. 

The mission of Jackson was not of the slightest importance; 
he had not only become at an early day distasteful to our 
Government, but was utterly inefficient in his effort at nego- 
tiation. He was willing to settle the affair of the Chesapeake 
upon the terms proposed by Erskine, and was surprised that 
our Minister did not accept them; yet he acknowledges that 
Erskine had no authority to make such stipulations, and that 
the very arrangements which he then proposed were not 
within the limits of a Minister Plenipotentiary.* It must, 
however, have been evident to Jackson, if our Government 
but a few months previous, having by its note in accepting 
the arrangement in reference to the Chesapeake, 
caused its disavowal by the English Government, 
that its renewal would lead to no successful issue. The mis- 
sion of Jackson terminated by the rude and unpleasant inter- 
course he engendered; by the roughness of his manner and 
temper, which led at an early day to his recall. 

The second session of the Eleventh Congress assembled on 
the 27th of November. Madison sent in his First Annual 
Message on the 29th, accompanying which were a large mass 

* American State Papers, yoL tU. p. 277. 



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07 THB UNITED STATUS. 839 

of papers relating to the foreign affairs of the country, which 
also engrossed the principal part of the Message. The 
President alludes to the course taken towards Jackson, the 
late English Minister. Giles, of Virginia, who yet occupied 
the position of a leader in the ranks of the Administration, 
was the author of the series of resolutions introduced into the 
Senate for the purpose of sustaining the course of the Execu- 
tive. These resolutions passed the Senate without debate, 
and with nearly a unanimous vote. In the House of Repre- 
sentatives, the Federalists, with the aid of John Randolph 
and Nathaniel Macon, waged a powerful opposition, which 
was finally voted down, and the resolutions sustaining the 
course of the President passed by a handsome majority. 

Bitter experience had now taught the country ■ 
the failure of the existing commercial restrictions 
we had persisted in against England and France, which were 
not only useless but oppressive and ruinous to American ship- 
ping. Macon alone stood out for the embargo ; but the war 
party in and out of Congress had began to spread, with an 
increasing sense of the wrong and injury we had recieved 
from the English Government. The wealthy merchants, the 
large planters, indeed, all classes, had suffered severely by 
the embargo, which was but a substitute for the war, and had 
failed in every respect. 

The Federal party at this time acquired some strength of 
position from the unpopularity of the embargo, being almost 
unanimously in favor of letting commerce entirely alone. 
The Administration party, though receding in a measure from 
the vigor* of the old system, could not adopt the position of 
the Federalists. 

Macon, a decided anti-war man at this time, and preferring 
the embargo to any other measure, rather than war, brought 
forward, as chairman of the Committee on Foreign Relations, 
what was known as the American Navigation Act, which re- 
quired the French and British flags, borne either by private 
or public vessels, to be excluded from American harbore ; and 
limiting the exportation of French and British ffoods to Ame- 
rican ships, coming direct from the ports of production. This 
was the plan of Gallatin, and met the approbation of the 
President. 

This bill passed the House on the 29th of January, by a 
vote of 73 to 52. The Federalists voted against it, as did 
those who advocated stronger measures. It encountered the 



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840 ooNsnruTioKAL mstomr 

same opposition in the Senate, and by means of a fusion with 
the Federalists and some disaffected Democrats, was stricken 
from the bill eyery feature, except the repeal of the existing 
restrictive act, and the exclusion of armed belligerent vessels. 

It was proposed bj Smith, the Senator from Maryland, to 
substitute armed merchant-vessels, who, though a Democrat, . 
expected co-operation from the Federalists, as he had acted 
with them against the bill from the Committee on Foreign 
Relations; but they unexpectedly came to the support of the 
Administration ana voted down the proposition. 

The bill, as sent back to the House, was violently opposed, 
especially by Macon and Eppes, who insinuated in very plain 
terms the existence of a coalition between the Federalists and 
some disaffected Democrats, for the purpose of embarrassing 
the Administration. Angry discussion took the place of calm 
consideration, which even reached the chamber of the cabinet, 
in the persons of the Secretary of State and Secretary of the 
Treasury. 

With a view to unite the party, the amendments, along 
with the bill itself, were referred to a select committee. The 
Senate had proposed an amendment, by authorizing the arm- 
ing of merchant-vessels, which was thought by Macon and 
his wing of the party, to be equivalent to a declaration of 
war. 

The committee reported adversely to the Senate's amend- 
ment, which resulted in the appointment of a committee of 
conference, but which could not agree; the Senate stood out 
in favor of its own amendment, 17 to 15, the House adhering 
to its original position, 66 to 68. The bill was finally lost. 
It was a measure of the Administration, and though but little, 
if anything, would have been gained by the country, yet it 
was to be regretted that a section of the Democratic party 
should be found in concert with the Federalists of that day, 
whose chief aiM was to embarrass the Administration. 

The President wa« anxious to avert the calamities of war, 
and did everything in bis power to bring about amicable rela- 
tions. In connection with the act of March, 1809, 
the President was authorized by another act, "in 
case either Great Britain or France should, before 
the 1st of March following, revoke her edicts or so modify 
them that they would cease to violate the neutral commerce 
of the United States, to issue a proclamation to that efiect, 
and on the amission of the other nation to do the same thing, 



March, 
1810. 



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OF TBM nKITlI> STATXB. 841 

the act interdicting commimication with England and FrancCi 
passed in 1809, should continue as to the nation refusing." 

The act of Congress under which the President was au- 
thorized to proceed was soon after communicated to the 
French Court, in answer to which the French Minister for 
Foreign Affairs replied to our Minister, John Armstrong, 
^Hhat the Berlin and Milan decrees were revoked,*' and would 
have no effect after the 1st of November ensuing. "*" Dupli- 
city and cunning marked the character of this communication 
from the Due de Cadore to General Armstrong. The Presi- 
dent issued his proclamation to the effect that the decrees were 
revoked, and that the Non-intercourse Laws would be in force 
as regarded Great Britain, unless her orders were revoked in 
three months from that day.f Subsequent events proved that 
the Emperor of France intended to deceive our Government, 
and that he had no idea of revoking the decrees, unless Great 
Britain should also withdraw her orders in council. Our Go- 
vernment was lulled for a brief period onlv, for after the 1st 
of November, instead of the promised ana expected revoca- 
tion of the offensive decrees, our vessels were seized and held 
for sequestration, whilst Napoleon boasted ^Hhat the Berlin 
and Mdan decress were the fundamental laws of his empire;" 
and a new Envoy, who reached Washington from France, gave 
notice to the Government that no remuneration would be made 
for the sequestered property.^ 

Notice was sent to Armstrong by the French Ministry, that 
the vessels which had been taken, belonging to the United 
States, were to be sold. Our Minister, whose indolent habits 
uid procrastinating disposition was at length excited, replied 
with much force and spirit, recapitulating the outrageous 
conduct of France towards our Government, and the many 
aggressions upon American property, and at the same time 
pointing out the fact, that instead of retaliation for the Non- 
intercourse Act, when first passed, the Emperor had waited 
until, under a modification of it, more than one hundred 
vessels had been sequestrated.§ The reply of our Minister 
elicited but the iniquitous Ramlouillet decree, which was 
alleged to be in retaliation of the American Non-intercourse 



* Amer. Stat. Papera, vol. vii. p. 469. 

\ Bradford, 174; Stat. Man., yoL L p. 844. 

t Bradford, p. 176. 

2 Amer. Stat. Papers, yoI. tU. ; Hild. Hist., toL iu. p. 215. 



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842 CO J BT I T W T IO HAL HI8I0BT 

Act, and ordered the sale of one hundred and thirtj-two 
YeesdSy estimated, with their cargoes, to be worth eight mil- 
lions of dollars; the proceeds of which were to be deposited 
in the Cai$se cT AmortzMementy or Chest of Death, as it has 
been translated. This remarkable and high-handed injustice 
made a strong impression upon the American people. In- 
structions were sent to Armstrong not only to require a repeal 
of the Berlin and Milan decrees, but satisfactory 

JJgJ» proYision for the property confiscated, such pro- 
yision being an indispensable evidence of the just 
purpose of France towards the United States. 

Pinckney at this time was engaged in renewed negotia- 
tions at London, but with no better success than Armstrong 
at Paris ; and in reference to the repeated applications on the 
subject of blockades, Wellesley replied that the blockade of 
May, 1806, had never been withdrawn, and the blockade of 
Venice, of July, 1807, was still in force. The British Go- 
vernment, though apprised of the position of Napoleon in 
reference to the Berliii and Milan decrees, which would have 
been repealed if the blockade had been removed, seemed en- 
tirely unwilling to do anything towards favoring the prospect 
of reconciliation towards the United States, either with her- 
self or the French, the English diplomatic course being as 
unfair as that of the French, and tending equally to com- 

Elicate the existing difSiculties in reference to the English 
lockades.* 

The third session of the Eleventh Congress assembled on 
the 3d of December; on the 5th Madison sent in his Annual 
Message; allusion was made to the existing difSculties in our 
foreign relations, but no specific recommendations. Among 
the political and constitutional questions of interest which at- 
tracted the attention of Confess were, besides the renewal of 
the bank charter, the occupation of West Florida, and the erec- 
tion of Orleans Territory into a State. Nothing of import- 
ance was efiected at this time in reference to the occupation 
of West Florida, in consequence of the abandonment by the 
Executive of all intention for the present, on account of the 
doubtfulness of our territorial right. At this time Louisiana 
was applying for admission into the Union as a State. The 
formation of a new State out of territory not originally belong- 

* Correspondenoe between Wellesley and Pinckney, Amer. Stat Papers, 
vols. Tii and tUL 



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09 THB UNITID 8TAT1B. 348 

ing to the United States was not only novel, but of exceeding 
interest in its constitutional bearing, as well as its future poli- 
tical import. The great constitutional objection which was 
alleged at the time, was that new States could not be formed 
out of territory acquired since the adoption of the Constitu- 
tion. Quincy, who had no sympathy with the Jeffersonian 
school of strict construction, was, nevertheless, bold and free 
in the use of every argument against the erection of this or 
any other new territory into a State. At this time, however, 
it is not to be disguised, that political considerations, mixed 
with sectional jeiuousy, were the strongest inducements to 
opposition on this question, for it was pressed exclusively by 
Northern members. 

Quincy, who occupied a distinguished part in this debate, 
may properly be considered the representative of Northern 
feelings, when he contended that this was a violation of the 
Constitution, which, in its grossness and violence, would lead 
to a dissolution of the Union, "amicably if they might, for- 
cibly if they must." This was the earliest indication of the 
doctrine of secession, which, upon its announcement, fell like 
an electric shock upon the Congress of the nation. 

Poindexter, of Mississippi, afterwards distinguished as a 
Senator, but then only Territorial delegate, and feeling much 
interest in the argument of the distinguished member from 
Massachusetts, rose to a point of order, stating that no mem- 
ber of the House ought to be permitted to incite any portion 
of the people to insurrection and a dissolution of the Union. 

Vamum, the Speaker, decided that Quincy was in order, 
no one having the right to object to the opinion that the 
admission of Louisiana would lead to a dissolution of the 
Union.* 

The Speaker, however, decided that the declaration as to 
the duty of certain States under a certain contingency, to 
separate peaceably if they could, forcibly if they must, was 
out of order. Quincy, however, appealed from the chair, 
and was sustained, with the influence of some Democratic 
votes, by a majority of three. Quincy then proceeded to 
declare, "that he had uttered the statement which had so 
startled the House, not for agitation, but as a warning; not 
from hostility to the Union, but of an earnest desire to pre- 
serve it. The clause in the Constitution authorizing the 

* Hild. Hist. U. S., second series, toL liL p. 226. 



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844 ooirsTiTUTiosrAL hibto&t 

admisfidon of new States must, from the context, be under- 
stood to relate only to the formation of new States within 
the limits of the Union as then existing." This idea, a mere 
abstraction of the speaker, deserves comparatively little 
oonsideration; but he touched a chord which vibratea manj 
thousand hearts, when he continued, — "Now-a-days there is 
no limit to our ambitious hopes ; we were about to cross the 
Mississippi; the Missouri and the Bed River were but roads 
upon which our imagination traveled to new lands and new 
States to be erected and admitted under a power now about 
to be usurped. The debates on the Federal ConstitutioB 
would show that the effect of the slave representation and of 
the transfer power to the West, were subjects of great 
jealousy to some of the best patriots of the Northern and 
£astem States. Had it been foreseen that besides all this, 
the population of a world beyond the Mississippi was to come 
in to change all existing proportions of political weight and 
influence, — to make our laws, control our actions, and decide 
our destiny, — would such an arrangement, such a throwing 
of our rights, liberties, and property into hotch-potch wit£ 
the wild men on the Missouri, nave been listened to f<M: a 
moment?" 

I shall at another time take occasion to demonstrate the 
narrow and mistaken policy which the Federal party at this 
early day manifested to an enlargement of our territorial 
limits ; all must b^jiow convinced that it was jealousy of that 

great and magnificent power which was looming up in the 
outh and West which would divide ihe political power with 
the North. 

The Territory was allowed to come in as the State of 
Louisiana; but the Territory of Mississippi, likewise an appli* 
cant, was postponed until another session. 

The act incorporating the United States Bank would 
expire at this session of Congress; the bank had been ori- 
ginally chartered in 1791, and had become extensively con- 
nected with the internal trade of the country; the directors 
were applying for a renewal of the charter. 

The constitutional question was still unsettled, notwith* 
standing the use of the institution for so many years and 
the authority of those who had given it their sanction. Gal- 
latin's report, at a prior date to the application for a renewal 
of the charter, proposed that the bank should pay a bonus of 
$1,250,000. The Secretary was himself a wiurm advocate of 



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OF THl UKITBD 8TATB0. 846 

this measnre, and even with this heayj tax the directors did 
not hesitate to urge the charter. 

The friends of this institution urged that it had taken 
such deep root in erery kind of business, that great embar- 
rassment must ensue if brought suddenly to close its opera- 
tions. The chief reason Vith Gallatin was* the agency it had 
exercised in the management of the revenue. The members 
from the large commercial districts urged that the greatest 
injury would result to the trading community, especially in 
the then depressed state of commerce, for the winding up of 
this bank would necessarily send from the country an enor- 
mous proportion of its capital. 

On the 24th of January this important and in- 
teresting question was brought before the House 
for final action, where it was indefinitely postponed by a 
majority of one, whilst in the Senate it was defeated by the 
casting-vote of the presiding officer, Vice-President Clinton. 
In the Senate, Clay, Smith, and Bayard, were among the 
most distinguished and efficient opponents of the bank-bill ; 
Clinton opposed it not on constitutional grounds, nor on 
grounds of general policy, but with special objections that 
the bank would only be a private corporation and irresponsi- 
ble to the Government, except by a forfeiture of its charter. 

The ablest defender of this bill was Crawford, the most 
reliable administration man in the Senate, and the immediate 
friend and confidant of the Secretary of the Treasury. Wm. 
B. Giles, a distinguished Senator from Virginia, made an 
elaborate argument in favor of the constitutional power to 
create a bank, and in elucidation of the implied powers of 
the Government. The Virginia and Pennsylvania legisla- 
tures had sent instructions to the Senators from these States 
adverse to a recharter of the bank; Giles, at the same time 
that he obeyed the instructions, made a speech against the 
right of this famous and very popular doctrine, which ren- 
dered him for a while exceedingly distasteful to the people of 
Virginia. 

Tne friends of this favorite Federal measure, after defeat 
uid disappointment at the hands of Congress, applied to the 
legislature of Pennsylvania with the alluring bait of an 
annual bonus of $40,000; upon the failure of which there 
was left no alternative but for the bank to transfer its effects 
to trustees for the purpose of winding up its business. Ame- 
rican commerce had been subject to so many interruptions 

Vol. L— 2S 



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846 COKSTITUTIOHAL HIBTOKT 

and rainons restrictions, and the consequent rednetion in the 
trade of the United States, it was but what every reflectiye 
mind conld see, that onr financial operations would be ^cry 
much embarrassed. During the years 1808, 1809, and 1810, 
there had been a constant and heavy reduction in the exports 
of the country, which to a similar extent had depressed our 
imports* 

In May, 1810, a law had been passed authorizing a loan 
equal to the public debt, which sum was reimbursable dming 
this year. From the third year of the administration of the 
Government, we had adopted a system to reduce the principid 
of the national debt, which required the appropriation of 
lar^e sums to be applied annually for that purpose; but yet, 
sucn was the condition of our finances, that though by this 
-annual appropriation a large amount of debt had been paid 
oflF, we were compelled to make a negotiation for a 
loan to meet our current expenses. The expenses 
of our Government for this year were estimated at above thir- 
teen millions of dollars; our outstanding revenue bonds were, 
at the commencement of the year, estimated at eleven millions ; 
but half a million from the sale of public lands ; this would 
leave the Treasury deficient, and to prevent which five mil- 
lions of dollars were borrowed. It is worthy of notice that 
at this time fifty thousand dollars were appropriated for the 
Cumberland road, and one hundred and thirty-one thousand 
for completing those fortifications which had already been 
commenced, with an aUowance of seventy-five thousand dol- 
lars to relieve and bring home our destitute seamen.* 

The Eleventh Confess was now rapidly drawing to a close ; 
the country was in a hiffh state of excitement and perplexity; 
especially the mercantUe community. The conditional Non- 
importation Act in reference to Great Britain would soon go 
into operation; this was a most unwise and unjust piece of 
legislation, which was but slightly improved by the amend- 
ment of the chairman of Foreign Relations, John W. Eppes, 
of Virginia. This act, which excited so much odium, pro- 
vided for the forfeiture of all goods after the 2d day of 
February, 1811, imported from Great Britain or her Colo- 
nies, whether belonging to our own merchants or not. 

On the 2d of February Mr. Eppes introduced a bill into 
the House, with a saving clause as respects those goods ship- 

* Hild. HiBt U. S., second series, toL iii. p. 281 ; Bradford, p. 178. 

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Of THl UHITBD STATlt* 847 

ped prior to the oommenoement of the act; Randolph, with 
great foresight and abiUtj, urged the repeal of this law entirely ; 
an angry debate ensued between Eppes and Randolph, whieh 
resulted in a challenge to mortdi combat from Eppes, — thonrili 
fortunately it went no further, being honorably and amicably 
settled by the intervention of mutual friends. In the last 
moments of the expiring Congress, a desperate effort was 
made to push the bill &[ Eppes through the House, which 
continued to sit during the night, the Federalists hoping to 
protract the debate beyond the limits of the session of Con- 
gress; when ultimately, through much violence, disorder, and 
palpable violation of parliamentary rules, it was forced 
through the House, and was carried in the Senate by a vote 
of 20 to 7 ; after which, with the passage of two bills,-^one 
incorporating an Episcopal Church in the District of Co* 
himbia, the other making a donation of a piece of land in 
the State of Mississippi to a Baptist Church, both of which 
received the veto of President Madison, — Congress finally 
adjourned. 

This Congress adjourned on the 4th day of March, 1811; 
with its three sessions it had been sitting an unusual num- 
ber of days ; perhaps no Congress in our governmental his- 
tory had done so little or incurred a higher odium from an 
incensed people, — and justly incensed, not only on account 
of the unmanly, protracted, and senseless parley with Gh*eat 
Britain, or the duplicity and favoritism shown France, whose 
conduct had been equally aggressive, but the commercial dis- 
tress and monetary embarrassments brought upon the coun- 
try by unwise legislation, which was aggravated by the 
Eleventh Congress, rather than retrace its mistaken course 
and alleviate the distress of an embarrassed, tax-burdened 
people. 

The President and his cabinet were, however, continuous 
in their efforts to maintain friendly relations with England 
and France, and especially so towards the latter; for in 
February, Barlow was appointed Minister to the French 
Court, with full powers to negotiate a treaty of commerce. 
Napoleon's Ministers received Barlow with great kindness, 
and vaguely intimated a disposition to form a treaty with 
his Government. Napoleon continued impracticable to the 
utmost extreme, maintaining that policy which would subject 
a large portion of American commerce to his control; at all 
events, he would exclude all British manufaoturee from the 



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848 OOKSTITUTIOIIAL HI8T0BT 

oontinent of Europe. Barlow did not succeed in any effort, — 
and it was impossible that he could, with the instructions that 
bound him down to a mere cypher, and the haughty and high- 
handed policy which he had to face. The Admmistration was 
very much censured on account of its manner of conducting 
our relations with England and France ; yet the CongressioniS 
elections which had taken place for members of the Twelfth 
Oongress indicated a continued favor of the Administration 
party with the people; but the Democratic members of Con- 
gress were more inclined to quick and decided measures of 
hostility than they had appeared to be at any previous time. 
The census of 1810, the third enumeration under the Con- 
stitution, (the result of which was made known in 1811^ may 
very properly be noticed in this place. The distribution of 
population was under the same heads as by the last census; 
but, in addition to the population of the former territory of 
the United States, is to be embraced that settled portion of 
Louisiana which we had acquired since the last enumeration. 
Between the white and colored races, the population was as 
follows : — 

White males 2,987,671 

White females 2,874,488 

Free colored 186,446 

SUves 1,191,864 

Making a total population of seven millions two hundred and 
thirty-nine thousand eight hundred and fourteen; which 
shows an increase of upwards of 36 per cent, upon the popu- 
lation of 1800, — of the whites, 36*18 per cent. ; of the free 
colored, 72 per cent. ; and of the slaves 33*40 per cent. 

The greater rate of increase which was exhibited by this 
census is attributable, in reference to the whole population, to 
the acquisition of Louisiana, and also in some degree to an 
increased importation of slaves prior to 1808; for it was 
known that Congress would exercise the power it possessed of 
prohibiting, after this period, any further importation.* 

The following statement shows the number of white, free 
colored) and slaves, in the slaveholding States : — 

Whites 2,208,786 

Free colored. 108,265 

SUves. 1,168,864 

Whole population 8,480,904 

* Taoker*s Popolation of the United States, chapter iii 

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OF THB UKITBD 8TATB8. 849 

From which it appears that both descriptions of the colored 
population had increased much faster than the whites in the 
last ten years. In 1810 the slaves constituted less than one- 
third of the population of the slave States, but now it was 
more than a third* 

After the result of the census was ascertained, the ratio of 
representation was fixed at 85,000, increasing the number of 
the lower House to 182 members, which was forty more than 
belonged to the preceding Congress, the adjustment of which 
will appear from the following statement; which will also 
show the alterations made in the number of representatives 
from different States, and the comparative increase and de- 
crease of different sections of the country: — 

SUtes. Free Whites. Slarree. All others. ToteL Eeps. 

New York 918,699 15,017 26,338 969,049 27 

Virginia 656,584 892,518 80,570 979,622 28 

Pennsylvania 786,804 796 22,492 810,091 28 

Massachusetts & Maine... 692,989 „... 7,706 700,746 20 

North CaroUna 876,810 168,824 10,266 666,600 18 

Kentucky 824,287 80,661 1,718 406,511 10 

South Carolina 214,196 196,866 4.654 416,116 9 

Maryland 286,116 111,602 88,927 880,446 9 

ConnecUcut 266,179 810 6,468 261,942 7 

Tennessee 216,876 44,566 1,817 261,727 6 

Georgia 146,414 106,216 1,801 262,488 6 

New Jersey 226,868 10,861 7,848 246,662 6 

Ohio 228,861 1,899 280,760 6 

Vermont. 217,146 ..... 760 217,896 6 

New Hampshire 213,490 ..... 970 214,460 6 

Rhode Island. 73,214 108 8,609 76,981 2 

Delaware 66,861 4,177 18,186 72,674 2 

Louisiana 84,811 84,660 7,686 76,666 1 

The territorial population was insufficient to allow a repre- 
sentative at this time. 

* Tucker's Population of the United States, chap. Hi. p. 27. 



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CHAPTER VHL 

THB WAB OF 1812. 

Thb Twelfth Congress, which convened on the 
4th of November, was called together by the pro- 
clamation of the President, which had been issued on accoimt 
of the critical condition of the country. Hopes had been 
entertained when the last Congress adjourned that the orders 
in council would be repealed, especially as the causes which 
led to their enactment were supposed to be done away with 
by the formal revocation of the Berlin and Milan decrees. 
The orders in council were not repealed, under the pretence, 
which for a time was true, that the French decrees were not 
eflFectually repealed. Although Foster, the British Minister, 
had admitted to Monroe, then Secretary of State, that no 
blockade could be binding unless supported by an adequate 
force, England audaciously and impudently demanded of 
this Government a strict observance of her orders, closing the 
ports of France, from the Elbe to Brest, against vessels that 
ohI not carry on their trade through Great Britain. 

England was aiming a death-blow at our commerce, merely 
to obtain revenge on France in the Berlin and Milan decrees. 
Our vessels were constantly seized upon the ocean on no other 
pretext but the bare suspicion of an intention on our part to 
violate this paper blockade, which is always considered by the 
law of nations as utterly useless unless sustained by a suffi- 
cient force. 

Whilst this Government was using every means to preserve 
friendly relations with the belligerents, the world will impar- 
tially judge of the wrongs done us, when it is apprised that 
under the^ritish orders in council, and since the recommence- 
ment of the Continental war, that there were 917 captures, 
889 having occurred since the orders in council. 

The French seizures and captures amounted to 558, 817 



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OF THB UNITBD 8TATB8, 861 

being under the Berlin and Milan decrees, and 45 since their 
alleged repeal ;"*" and under the iniquitous system of impress- 
ment, England had taken from the crews of American vessels, 
peaceably navigating the high seas, upwards of six thousand 
mariners, sailing under the stars and stripes and claiming to 
be American citizens.f 

When Congress convened, the President sent in his 
Third Annual Message, stating the cause of calling Xil^ 
the representatives of the people together at an 
earlier date than their usual tmie of meeting, in which he 
briefly recapitulated the causes of complaint against Great 
Britain, urging an immediate and effectual vindication of our 
rights and our honor. He also expressed the great dissatis- 
faction we were compelled to entertain towarcb France, on 
account of the grievous injuries she had done us, which were, 
however, then under consideration at Paris between our 
Minister and the French Government. After recapitulating 
the many wrongs we had received from the belligerent nations, 
he boldly stated, "with this evidence of hostile inflexibility in 
trampling on rights which no independent nation can relin- 
quish. Congress will feel the dutv of putting the United 
States into an armor and an attitude demanded by the crisis, 
and corresponding with the national spirit and expectations." 

The Congress to which this Message was sent was over- 
whelmingly Republican; in the Senate there were only six 
Federalists, Massachusetts even being partially represented 
by a Republican in the person of Varnum, so often Speaker 
of the House, but then the successor of Pickering in the 
Senate of the United States. Bayard and Lloyd still ably 
represented the Federal party, and Dana was there as the 
successor of Hillhouse. The Federalists were indirectly aided 
by the influence of Giles and Smith dnd Leib, who used every 
effort to thwart the policy of the Administration. In the 
desertion of Giles, the Republican party in the Senate found 
as efficient a leader in the person of Crawford, who, if less 
skilled in debate, was more influential as a man ; whilst at the 
same time he was ably supported by a new member from Ten- 
nessee named Campbell. 

In the House, the entire strength of the Federal party had 
dwindled to 36, though in debate they relied much on the 
veteran Quincy, sustained by Key and Martin and Chittien- 

* Hild. Hist., seoond series, toL iii. p. 812. f Ingersoll, toL i. p. 89. 



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832 OONBTITUTIOKAL HIBTO&T 

den. Randolph, like Giles in the Senate, did eyerything genioB 
and wit and satire could effect, to thwart the Republican party, 
which, however, had strengthened since the last Congress. 
With the exception of Connecticut and Rhode Island, New 
England, as well as New York, was deddedlj Republican. 
Pennsylvania had but one Federalist. Maryland, Virginia, 
and North Carolina had only ten. As a strong evidence that 
the war spirit was increasing, every violent war member of 
the last Congress had been re-elected. Porter, Wright, Wil- 
liams, Troup, Desha, Johnson, McEee, and Cheves were all 
old members and violent war men ; whilst added to the list 
were three new names ever to be remembered in the annals 
of America, — Clay, Calhoun, and Lowndes. 

The peace and war parties divided off at the very beginning 
of the session, as was manifest in the contest for Speaker, 
the war party being represented by Henry Clay, whose talent, 
energy, and character, had marked him as the proper man to 
fill the Speaker's chair, though it was his first session. Clay 
was known to Congress and the country, having served a short 
time in the Senate. William W. Bibb, — ^who had been a member 
of Congress for six years from the State of Georgia, was a 
warm political friend of Gallatin, and was urgent for the 
maintenance of peace, — was the peace candidate for Speaker, 
but was beaten by Clay, the war candidate, by a vote of 75 
to 35. 

That part of the Message which had reference to our for- 
eign affairs, was referred to the Committee on Foreign Rela- 
tions, which the Speaker had appointed with characteristic 
skill, so as to favor the war sentiment, which day by day was 
spreading with increased rapidity. 

Peter !d. Porter, of New York, chairman of the committee, 
was determined that inactivity and indecision should no longer 
mark the character of the Republican, or, as it was beginnmg 
to be called, the Democratic party; with zeal and assiduity it 
commenced work, and in a short time presented to 
^' ' the House the celebrated report, which was the first 
official document which breathed a high and determined spirit 
of resistance to the unparalleled wrongs we had suffered.* 

This report was brief, but fervent, eloquent, and patriotic, 
and exerted a beneficial influence upon the community. It 
noticed the many injuries committed against us by France 

* American State Papers, toI. vili. p. 241. 



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OF THB UKITSD 8TATB8. S58 

and England. The former for more than five years, hj her 
oppressive Berlin and Milan decrees, seizing the property of 
our citizens, prodacing derangement and ruin to our commerce ; 
in aiming a blow at the power and prosperity of England, we 
were more deeply injured. Whilst, in a few words, the great 
cause of complaint a^inst Great Britain, the committee had 
only to say, " That the United States, as a sovereign and in- 
dependent power, claim the right to use the ocean, which is 
the common and acknowledged highway of nations, for the 
purpose of transporting in their own vessels the products of 
their own soil and the acouisitions of their own industry, to 
a market in the ports of friendly nations, and to bring home 
in return such articles as their necessities or convenience may 
require, always regarding the rights of belligerents as defined 
by the established laws of nations. Great Britain, in defiance 
of this incontestible right, captures every American vessel 
bound to or returning from a port where her commerce is not 
favored, enslaves our seamen, and in spite of our remon- 
strances perseveres in these aggressions. To wrongs so daring 
in character and so disgraceful in their execution, it is impos- 
sible that the people of the United States should remain in- 
different ; we must now tamely and quietly submit, or we must 
resist by those means which God has placed within our reach." 
The committee would not cast a shade over the American 
name by the expression of a doubt which branch of this alter- 
native would be embraced.* 

This report concluded with a recommendation of the im- 
mediate and adequate increase of the military forces of the 
United States. 

The doctrines of this report were thoroughly those of the 
war party, among the most conspicuous was Henry Clay; and 
it was through the influence of this party that the distinguished 
Speaker appointed men on this committee known to be in 
favor of wftr with England as the only alternative. The first 
efforts of the war party were directea to an increase of the 
army and navy ; and now it was that the unwise policy of 
Jefferson in reducing the right and left arm of our national 
defence (the army and navy) to comparative insignificance, 
began to be seriously felt. 

On the 6th of November this report was taken ^^ 
up in the Committee of the Whole; the chairman, 

* Report of Committee, Amer. State Papers, toL Tiii. p. 245. 



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854 OOHSTITimOlfAL HI8T0ET 

in yindicatmc its recommendations and position, contended 
that the conouot of Great Britain was reflated solely hj out 
sense of forbearance, the operation of imose orders had de- 
stroyed three-fourths of our trade. That we were able to meet 
Great Britain fleet to fleet, he did not pretend ; but without a 
navy, we might greatly harass her commerce by hundreds of 
privateers that would ride the ocean. The North American 
British Provinces, valuable to us, indispensable to the Mother 
Country, were an alluring bait, and it was argued we might 
easily occupy them. There were many and very able speeches 
made in favor of war with Great Britain, enumerating the 
causes of complaint and elaborating the views of the com- 
mittee. 

There was opposition, however, to these warlike proceed- 
ings ; the most brilliant of which was from John Randolph, 
who, with his accustomed discursiveness, mingled with occa- 
sional force of argument and keen satire, lent a charm and 
interest to everything he said. The main features of the 
argument of Randolpn, which were indeed the reflection of 
the sentiments of the anti-war party, were the inability of the 
United States to contend with Great Britain ; the great dis- 
tress that would result to our commercial and financial af- 
fairs^ and. to which was added a want of adequate cause for 
war.* 

The most efficient argument made to the various efforts of 
this fearless champion of the anti-war party, was from John 
0. Calhoun, who was always able, always eloquent and effec- 
tive, but then a young and ambitious member of the House 
from South Carolina, who gave an early exhibition of that 
keen analysis and dexterous logic which made him at all 
times the ablest and most philosophic debater that has per- 
haps ever appeared in the American Congress. The commit- 
tee on Foreign Relations had recommended an additional 
force of ten thousand regulars to be raised immediately uid 
to serve for three years; the word ten was struck out in the 
Committee of the Whole; it was upon this amendment that 
Randolph made the great opposition speech of the session to 
all warlike preparations, which was noticed above, uid in 
answer to which Calhoun spoke on the 12th of December; 
a summary of which will place the reader in pos- 
session of all the strong points of the war party, as 

* Hild. Hist. XJ. S., second series, toL iii; QsrUmd's Life of Randolph. 



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Of THl UKiriD STATBS. 866 

well as the weak ones of the anti-war party. He spoke of 
the extent, th^ character, and duration of the injories we had 
received. He inquired, Which shall we do, abandon or defend 
our own commercial and maritime rights and the personal 
liberties of our citizens employed in exercising th^i ? These 
rights are vitally attacked; the gentleman from Virginia 
suggests no means of redress; though none other exist but 
war, he considers patient and resigned submission the best 
remedy. 

The first argument made by Randolph, was the unprepared 
state of the country. ^Whatever weight this argument might 
have in a question of immediate war, it surely has little in 
that of preparation for it. If the country is unprepared, let 
us remedy the evil as soon as possible. 

"We are next told," said Calhoun, "of the expenses of 
the war, and that the people will not pay them. Why 
not? Is it from want of means? What! with one million 
tons of shipping and a commerce of $100,000,000 annually, 
manufactures yielding a yearly product of $150,000,000, and 
agriculture of thrice that amount, shall we be told the coun- 
try wants capacity to raise and support ten or fifteen thousand 
additional regulars?** 

Randolph dwelt at great length upon the dangers of the 
war: first, that which would result from the influence of the 
black population of the Southern States. In reply to which 
all that Calhoun could say was, to "regret that such is the 
state of apprehension in his (Randolph's) part of the country." 

Randolph thought our Constitution, in the second place, was 
not calculated for war and that it could not stand the shock. 
"This," said Calhoun, "is rather extraordinary. If true, 
we must then depend upon the commisseration or contempt 
of other nations for our existence. The Constitution, then, 
it seems, has failed in an essential object, — Ho provide for 
the common defence,' and none could doubt that this was not 
a defensive war."* 

After all this debate, which lasted for several weeks, the 
resolutions of the committee finally passed on the 19th of 
December, by a vote of 109 to 22. This was the first signal 
for warlike preparations, and a bill was forthwith introduced 
to fill up the ranks of the existing army to 25,000 men, to 

* Randolph's Speeoh; American Oratory, by Biddle, 1886; CaUioon's 
Works, Tol. ii. p. 1. 



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856 00H8TITUTI0NAL HIBTOBT 

serve for five years or until discharged. In the Senate this 
bill was urged by Giles, in preference to a small number; 
probably because he knew one or the other must inevitably 
pass. In the House, Calhoun, Clay, and many other bright 
and gallant spirits, determined not only on resistance, but a 
bold and efficient one, advocated the larger bill calling for 
25,000 men. It was distinctly intimated, especially by Clay, 
that war was nigh at hand, and in his patriotic fervor he 
exclaimed, — "Philadelphia may be invaded. New York or 
Boston may fall, and every seaport be taken; but the country 
will remain free. The whole of our territory this side of the 
Alleghany may be invaded, still liberty will not be subdued." 
This bill speedily passed the House by a vote of 94 to 34. 
Besides raising 25,000 additional regulars, two major and five 
brigadier-generals were appointed; to the recruits was a 
bounty of sixteen dollars; two dollars to the enlisting officer; 
when dischaged, two months' extra pay and one hundred and 
sixty acres of land. On the 14th of January, 
Congress appropriated $1,500,000 to buy arms, 
ordnance, and other necessary appurtenances for an army, and 
$400,000 for powder, ordnance and small arms for the navy. 
At this time the action of Congress met the cordial approval 
of many of the State legislatures; from Virginia, Kentucky, 
Georgia, Ohio, Pennsylvania, and New Jersey, resolutions 
were sent up promising to sustain the General Government; 
and Massachusetts, speaking through the House of Repre- 
sentatives, boldly denounced Great Britain ; her impressments 
as ^^man-stealing," and the opponents of the Administration 
as "inceptive traitors." 

Congress seemed to give its attention almost entirely to 
the preparations necessary for a vigorous prosecution of the 
approaching struggle; and besides the last army bill so re- 
cently enacted, a bill passed authorizing the President to 
employ 50,000 twelve-months* volunteers. 

Soon after the passage of these acts, the other recom- 
mendations of the President were acted upon; in reference 
to the navy, Cheves, chairman of the Naval Committee, 
reported in favor of a large increase in the number of our 
boats, recommending a^ standing appropriation for the pur- 
chase of timber and establishing a dock for repairs. The 
chairman was in favor of filling the blank which authorised 
the building of a number of frigates with ten; Rhea, of Ten- 
nessee, moved to strike out that section which authorized the 



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Of THl ITFITBD STATB8. 857 

bmlding of new frigates; he was sustained by some very 
intelligent members of Congress,— especially by Boyd, of 
New Jersey, Blackledge, of North Carolina, and Smilie. 
They were opposed in masterly arguments by Cheves, Clay, 
and Lowndes, the later being in favor of forty frigates and 
twenty-five ships of the line. The argument of Henry Clay, 
the bright, gifted, and eloquent representative of the war 
party and unflinching defender of the rights of his country, 
was as brilliant as it was effective. Though dancing at the 
ffeneral grounds for war, he directed his aim chiefly to a vin- 
dication of the navy from the suspicions of jealousy to which 
it had been so often subjected. He contended that the whole 
Western section of the country was as immediately interested 
in the maintenance of a naval force as the Atlantic States. 
After alluding to the exposed situation of certain ports of our 
Atlantic border. Clay proceeded to say, — "Whilst I feel the 
deepest solicitude for the safety of New York and other cities 
on the coast, I would be pardoned by the committee for 
referring to the interest of that section of the Union from 
which I come. If there be a point more than any other in 
the United States demanding the aid of naval protection, 
that point is the mouth of the Mississippi. What is the 
population of the Western country dependent on this single 
outlet for its surplus productions : Kentucky, according to 
the last enumeration, has 405,511; Tennessee, 261,727; 
Ohio, 280,760; and when the population of the western 
ports of Virginia and Pennsylvania, and the territories 
which are drained by the Mississippi or its waters, is added, 
it will form an aggregate equal to about one-fifth of the 
whole population of the United States, resting all their 
commercial hopes on this solitary vent. * * * * j (.^11 
the attention of my Western friends, especially my worthy 
Kentucky friends (from whom I feel myself with regret con- 
strained to differ on this occasion,) to the state of the public 
feeling in that quarter whilst the navigation of the Missis- 
sippi was withheld by Spain; and to the still more recent 
period when the right of depot was violated. Abandon all 
idea of protecting by maritime force the mouth of the Mis- 
sissippi, and we shall have the recurrence of many similar 
scenes; we shall hold the inestimable right of the navigation 
of that river by the most precarious tenure. The whole com- 
merce of the Mississippi — ^a commerce that is destined to be 



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868 oovsnTunoHAL histobt 

the richest that was ever bonie by a sinde stream — is placed 
at the mercy of a single ship lying off the Balixe.'** 

This speech of Clay is a proud monument of that noble 
love for the whole Union, in that distinction from local at- 
tachments which always marked his public acts. So great 
was the prejudice existing to the navy, that Rhea's moti<m 
was carried by a vote of 62 to 59. 

The bill as it went to the Senate contained only an appro- 
priation of $480,000 for fitting out the Constellation, Chesa- 
peake, and Adams frigates, and $200,000 for three years to 
buy timber to rebuild three other rotten frigates. 

After reaching the Senate, Lloyd moved to insert an 
appropriation for twenty new frigates. He was opposed to 
the war; yet he thought the course of Great Britain inde- 
fensible. ^'Give us,'' said he, ^Hhis little fleet, and in a 
quarter of the time in which you would operate upon her in 
any other way we would bring Great Britain to terms." 
Lloyd failed in lus effort, which was in every respect praisor 
worthy and marked by a speech of great abdity. His great 
opponent was Crawford, and under his lead the Senate re- 
duced even the appropriation for repairs down to $300,000.t 

The financial relations of a country, always important and 
interesting, become especially so on the approach of a war. 
Gallatin's financial report, submitted to Congress in the early 
part of the present session, had flushed the hopes of the war 
party to the very highest pitch; not that the Secretary had 
said anything in advocation of the war, for he was bitterly 
opposed to it, but his report had presented so favorable a 
condition of our finances, that the war party supposed but 
little if any difficulty could exist on that ground. It was to 
be accounted for from the unexampled success that had at- 
tended the Treasury by the brief period of unrestrained 
commerce after the expiration of the embargo. It is an 
important truth and worthy of the most profound considera- 
tion, that every expense for the year 1811, even to the pay- 
ment of the temporary loan of the year 1810, was not only 
fully met out of the current receipts, but left a balance of 
$3,000,000 in the Treasury, with $7,500,000 of revenue 
bonds. From the sales of land and miscellaneous sources, 

* Speech of Henry Clay on the Increase of t^ Nary, 
f HUd. Hist U. S., Beoond series, toL Ul p.681. 



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Of THE UHITBD STATB8* 859 

9700,000 might be oalcalated on, according to the estimate 
of the Secretary, 

The ordinary expenses of the Government, with the interest 
on the public debt, which was reduced to $2,221,000, with a 
million annually to meet the principal, only amounted to 
$10,000,000. Thus would occur for the ensuing rear but 
a small deficit, which could be easily met, the Secretary 
thought, by increasing the rate of duties; but if this was 
not done, enough money could be raised by loans to meet 
any extraordinary expenses of the Government; even those 
of war. 

It is somewhat strange that so able and experienced a finan- 
cier as Gallatin should have fallen into so great an error, as 
will presently appear. Some six weeks after the session had 
commenced, the Secretary was consulted by the Committee 
of Ways and Means in reference to the ten millions needed 
for the new and unexpected expenses of the Government. I 
quote from an elegant and accurate historian, who says : — 
^^ Gallatin found himself obliged to present things in a very 
difierent light. He informed the Committee of Ways and 
Means that his project of 1808 for the prosecution of a war 
by loans only, must be taken in connection with his recom- 
mendation then made to double the existing duties. Had that 
recommendation been adopted, there would now have been 
twenty millions in the Treasury. He had also then reason 
to suppose that the Bank of the United States would have 
been rechartered. Had that been done on the plan he had 
suggested, there would have been a sure resource for loans to 
the extent of fifteen millions. To borrow elsewhere was an 
untried experiment, and to give it the least chance of success, 
taxes must be provided for paying the interest. His recent 
calculation of six millions from customs had been based on an 
expected continuation of peace. A war would probably re- 
duce that source of income to two millions and a half, or five 
millions if the duties were doubled." 

This report, which was presented on the 21st of January, 
estimated a deficit of four millions, which ought to be pro- 
vided for by a direct tax to the amount of two millions, and 
internal taxes to raise three millions, which was one million 
more than the regular expenses would require. Great sur- 
prise as well as dissatisfaction was expressed by many mem- 
bers of Congress and throughout the country at this report; 
nor did the leading war journals of that day hesitate to charge 



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860 ooirsnTUTiovAL histobt 

unfair motives to the Secretary, in thus presenting so unfa- 
vorable a view of our finances, in order to avert the approach- 
ing war if possible. It failed most signally, if such was the 
purpose of the Secretary of the Treasury, for very soon there- 
after a loan of eleven millions was authorized, and the meaas 
provided for its payment by a new tax bill. 

About this period the President transmitted to Congress 
several papers, showing a base effort on the part of the Bri- 
tish Government to induce the anti-war party, which was 
for the most part found at the North, not only to divide 
the Union, but to secure the Northern section as an ally to 
Gh'eat Britain. This information was communicated to our 
Government by a man named Henry, who was a native of 
Ireland, but for many vears a naturalized citizen, and once 
an editor of a political paper in the city of Philadelphia. 
This exposure greatly exasperated the Kepublican against 
the Federal party, which was chiefly the anti-war party, and 
also agitated the feelings of the war party against the Eng- 
lish Government.* Henry had been a secret agent of the 
British Government, and upon refusal to pay him, he volun- 
tarily ffave all the information in his possession to the Presi- 
dent ot the United States.f Henry received fifty thousand 
dollars for the disclosures he made; and, for some reason en- 
tirely unknown, the President kept them a profound secret 
for nearly a month. 

The British Minister disavowed any knowledge of the ex- 
istence of such a mission or transactions as Henry referred 
to; yet the language of the Committee on Foreign Relations 
was, — **The transactions disclosed by the President's Mes- 
sage present to the mind of the committee conclusive evi- 
dence that the British Government, at a period of peace and 
during the most friendly professions, have been deliberately 
and perfidiously pursuing measures to divide these States, 
and to involve our citizens in all the guilt of treason and the 
horrors of a civil war." J 

Madison was known to be averse to war, in which position 
he was sustained by Gallatin. The elections of 1811 had, 
however, resulted largely in favor of the Republicans, and 



* Hild. Hist. U. S., second series, toL iii. p. 284; Life of H. Glaj, toL i. 
p. 62; Stat. Man., rol. i. p. 849. 

{Dwight's Hist, and Beriew ; Sullivan. 
Journ. Cong., 1812. 



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or THB UKITBD STATES. 861 

that party was strongly disposed to immediate war; indeed, 
it may be said the most prominent friends of the Adminis- 
tration were determined on war. Most conspicuous among 
them were H. Clay, Calhoun, Lowndes, Porter, and Cheves, 
besides other gallant spirits. 

It was impossible for Madison to retain the position of 
chief of the Republican party, if he stood longer indiflFerent 
to war. The Presidential election was approaching. The 
Federalists were determined to make a rigorous opposition to 
the Republican ticket, and mainly upon the war question, and 
they well knew the candidate would be a decided war man. 
Madison was popular, but was too much inclined to peace; if 
he would assume the lead in the approaching war, he was the 
most fit and proper person. He was placed in a most embar- 
rassing position; he and his most confidential adviser, Gal- 
latin, were opposed to the war, whilst his party, led on by 
the most talented members of Congress, were in favor of it. 
Randolph and Macon stood almost alone of the old Republi- 
can party. The war party on one side were making as des- 
perate an efibrt to secure the nomination for President, as the 
present party in power was to retain the position it then occu- 
pied. Many newspapers were indulging in daily assaults upon 
the Administration on account of its feebleness and want of 
resolution. De Witt Clinton was prominent among 
the Federalists, but stood ready to accept the nomi- 
nation from the war party. The leaders of the war party 
were determined to have Madison ; a committee called on him, 
under the personal influence of Henry Clay, its advocate and 
leader. Madison waived his individual feelings and convic- 
tions for the good of his country, and consented to recommend 
a declaration of war. Under no other circumstances could 
he have obtained a second nomination for President, which 
he did soon thereafter unanimously, from the Republican 
members of Congress, assembled in caucus at the City of 
Washmgton, on the 18th day of May, 1812. 

It must be observed that early in April of this year, Madi- 
son had undergone some change in his opinion in reference 
to hostilities towards England. From his known and avowed 
disposition for conciliation is rather to be attributed his 
dilatory course, than a want of those qualities necessary to 
uphold the dignity of the Government, though it must be 
aamitted he long halted where forbearance could scarcely be 
considered a virtue. 

Vol. L— 24 



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S02 OOKSnTUnOKAL HI8T0BT 

It was erident that the mind of the Preeidait was beinf 
aroused to a sense of the injnries we were snfiering and had 
long endured. He sent to Congress a confidential Message, 
^^considering it as expedient, under existing circumstances 
and prospects, that a general embargo be laid on all vessds 
now in port, or hereafter arriving, for the period of sixty 
days," and recommending its immediate passage.'*' 

Forter had withdrawn from the head of the Committee of 
Foreign Relations, whose place was now filled bj John G. 
Calhoun. The Message was referred to this committee, and 
a bill introduced in accordance with its recommendation. In 
the House an efibrt was made by Boyd, of New Jersey, to 
prolong the embargo to 120 days, which was lost by a vote 
of two to one, and the bill finally passed by a vote 

April 3. ^^ ^Q ^ ^j ^j^^^ .^ reached the Senate, it was 

amended by substituting ninety days instead of six^, and 
thus it became a law on the next day by the signature of the 
President, ^^prohibiting the sailing of any vessels for any 
foreign port, except foreign vessels, with such cargoes as they 
had on board when notified of the act.f 

A spirited debate ensued on this bill, to an inquiry wheth^ 
it was a precursor of war. Grundy said it was. Henry Clav 
was among the first to express his warmest approval of this 
measure, ^^ because it is to be viewed as a direct precursor to 
war." John Randolph opposed the embargo with all that 
extraordinary power that distinguished his every effort. He 
did not consider it an initial step to war, but as a subterfuge, 
a retreat from battle. "What new cause of war," he asked, 
"or of an embargo, has arisen in the last twelve months?" 
Addressing himself to Henry Clay, he exclaimed, — "I hope, 
Sir, the spirit of party and every improper passion will be 
exorcised, that our hearts may be as pure and clean as fall to 
the lot of human nature. I am confident in the declaration, 
Mr. Chairman, that this is not a measure of the Executive^ 
but it is engendered by an entensive excitement upon the 
Executive." 

He was fearlessly met and fully answered by Henry Clay, 
with words burning with patriotic zeal and eloquence in be- 
half of the honor of his country. "The gentleman from 



« Madi8on*8 Confidential Message, April 1, 1812 ; Stat Man., toL i. p. 292. 
t Journ. Cong. 1812; Memoir of Heniy Clay, p. 66; Hild. Hist. U. 8., 
second aeries, toL iii. p. 298. 



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OF THB UNITBD STATES. 863 

Virginia," he said, "need not have reminded them, in the 
manner he had, of that Being who watched over and sur- 
rounded them. From this sentiment we should draw venr 
different conclusions from those which occurred to him. It 
ought to influence them to that patriotism and to a display 
of those high qualifications so much more honorable to the 
human character. The jgentleman asks what new cause of 
war has been avowed ? The affair of the Chesapeake is set- 
tled, to be sure, but only to paralyze the spirit of the country. 
Has Great Britain abstained from impressing our seamen, — 
from depredations ^pon our property? We have complete 

froof, in her capture of our ships, in her exciting our frontier 
ndians to hostility, and in her sending an emissary to our 
cities to excite civil war, that she will do everything to destroy 
us ; our resolution and our spirit are our only dependence. 
Although I feel warm upon this subject, I pride myself upon 
those feelings, and should despise myself if I were destitute 
of them." 

Randolph, as if it were possible to frighten Henry Clay 
from his well-matured convictions, exclaimed, — "He had 
known a gentleman not inferior in gallantry, in wisdom, in 
experience, in the talents of a statesman, to any upon the 
floor, consigned to oblivion for advocating a war upon the 
public sentiment." But in answer to this, Clay could exhibit 
the gleaming and patriotic resolutions of fourteen different 
State legislatures, indicating^ how strongly the tide of public 
opinion was rushing in behalf of war. 

Quincy, of Massachusetts, possessed of much eloquence 
and ability, opposed the embargo with all his strength. It 
was, in his opinion, an act of treason to the interest of the 
country; its enactment an outrage upon common sense. He 
acknowledged that, in connection with some of his colleagues, 
he had sent expresses to the Eastern cities, announcing the 
undoubted establishment of an embargo. He said, — "We 
did it to escape into the jaws of the British lion and of the 
French tiger, which are places of repose, of joy, and delight, 
when compared with the grasp ana fang of this hyena em- 
bargo." 

Dr. Mitchell, of New York, had been educated among the 
British; knew them well; they were proud and overbearing; 
with a population of seven millions we ought not to be friffht- 
ened. " We need not fear to face a nation whose head (the 
Prince-regent, afterwards George IV.) had been some years 



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864 COHSTirUTIOHAL HISTORY 

before expelled from a jocky-club for cheatiiig, and had been 
lately turned out of doors for his unworthy conduct to a neigh- 
bor's wife."* 

The nation had now taken the first preliminary step to- 
wards a declaration of war against Great Britain. It was 
received with general approval by the people, though in some 
sections it was as bitterly opposed, as any other act of hos- 
tility towards England would have been. All that could now 
engross the attention of Congress was the preparation for the 
coming contest, which all saw was inevitable. A majority of 
the people, as well as the Republican n^embers of Congress, 
thought that too much delay had already occurred in bringing 
matters to a crisis. Negotiations even were carried on with 
Foster, the British Minister, who frequently held out the hope 
that the difficulties would be adjusted. It was evident, from 
the diplomatic correspondence with Foster, that no concession 
was proposed, and it was determined by the Republican mem- 
bers of Congress that a deputation should wait on the Presi- 
dent, and urge not only an active and vigorous preparation, 
but a speedy declaration of war. Henry Clay, who was fore- 
most in this delegation, exerted the most decided influence 
upon the President; he demonstrated the folly of seeking a 
peaceful adjustment of our difficulties. He would cut short 
the argument with Foster, and appeal to arms and the God 
of batUes for the vindication of our rights. 
March 22. ^* ^^ about this time that the attention of the 
Government was arrested from the consideration of 
war with England, to a brief notice of the condition of affairs 
with France. 

The dispatches which had been anxiously expected from 
Barlow, our Minister to France, were brought in by the Hor- 
net. They only told of the fruitless mission he was filling, 
and of the determination of the French to hold on to the 
Berlin and Milan decrees. 

At this session of Congress, Louisiana was admitted into 
the Union as a State, and the Territory previously called 
Louisiana was organized, with a Territorial government, under 
the name of Missouri. Acts were also passed to prohibit the 
exportation of specie, wares, or merchandise from the United 
States during the continuance of the embargo. A General 

* GMrland'8 Life of Bandolph, toL i. p. 29S ; Memoir of CUj, toL i. p. 
64; Hild. Uist. U. S., second seriesy vol. iii. p. 294. 



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OP THB UNITED STATES. 865 

Land Office was established as a part of the Treasury Depart- 
ment; six millions of acres were set apart to pay the one 
hundred and sixty acres bounty promised to the soldiers of 
the United States ; an issue of five millions of dol- 
lars in Treasury notes was authorized, and the duties 
on imports were raised one hundred per cent.; American 
vessels were prohibitedJrom trading with the enemy. 

The elections which had taken place in the spring of this 
year were somewhat unfavorable to the views of the Admin- 
istration; in Massachusetts, Rhode Island, Connecticut, and 
New York, a considerable change had taken place in favor of 
the Federal party. After the interview between the com- 
mittee which had waited on Madison, his mind seemed fixed 
on taking immediate steps of hostility against England; 
Clav, whose personal influence was always very great, was 
perhaps of more weight on this occasion than m any other 
event of his brilliant and useful career, for he was the spokes- 
man of this famous deputation, and successfully persuaded 
Madison to the decisive steps he took, though his chief con- 
fidential adviser, Albert Gallatin, remained inflexible in his 
opposition to war. 

On the 1st of June, the long-sought event was ' 

consummated; Madison performed the crowning 
event, not of his administration, but his life; he issued his 
War Message, as it has been styled ; in which, after recapi- 
tulating in clear and strong language the aggressions of the 
English Government, he says, — "We behold/in fine, on the 
side of Great Britain, a state of war against the United 
States ; and on the other side, of the United States, a state 
of peace towards Great Britain. Whether the United States 
shall continue passive under these progressive usurpations 
and these accumulating wrongs, or opposing force to force in 
defence of their national ri^ts, shall commit a just cause 
into the hands of the Almighty Disposer of events, avoiding 
all connections which might entangle it in the contest or 
views of other powers, and preserving a constant readiness to 
concur in an honorable re-establishment of peace and friend- 
ship, is a solemn question which the Constitution wisely con- 
fides to the legislative department of the Government." 
After recommending the above course to be pursued towards 
Great Britain, the President abstained from recommending 
any definite measures to be taken towards France, because 



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866 OOMtfTITUTIOHAL HI8T0BT 

there then existed an unclosed discussion betweoi our Mtnis- 
ter at Paris and the French Government. 

John Randolph moved to refer the Messi^ of the Presi- 
dent to a Committee of the Whole; but the House preferred 
referring it to the Committee on Foreign Relations. John 
C. Calhoun, the chairman, with a majority of the committee, 
consisting of Felix Grundy, John Smilie, John A. Harpw , 

jwms ^^^^f}^ Desha, and Ebenezer Seaver, reported to 

^^ ' the House a full and explicit manifesto, which was 
the basis of a declaration of war. The committee, aftar ex- 
hibiting a long, continuous, and unsatisfied demand for 
remuneration on account of the depredations the English had 
been committing on our commerce, the impressment of Ame- 
rican seamen by the commanders of British ships-of-war, 
the British doctrine and system of blockade, and the adop- 
tion and continuance of the orders in council, in an able and 
patriotic State paper, concluded, — ^^^^ Reiving on the patriotism 
of the nation, and confidently trusting that the Lord of Hosts 
will go with us to battle in a righteous cause, and crown our 
efforts with success, your committee recommend an immediate 
appeal to arms.""*" 

In consideration of the multiplied wrongs we had received 
from the British Government, a detailed enumeration of which 
I have given elsewhere. Congress was not long in adopting 
the recommendation of the committee. 

Calhoun, who presented the report, likewise offered a bill 
declaring war against Great Britain. The bill was referred 
to a Committee of the Whole ; on the next day it was reported 
back, when a resolution was offered by McKee to include 
France also in a declaration of war. This proposition re- 
ceived only ten votes. When the bill was reported to the 
House, the declaration of war passed by a vote of 79 to 49. 
The bill was delaved fourteen days in the Senate; Giles, one 
of the Senators from Virginia, moved to substitute letters of 
marque and reprisals against both France and England, in 
the place of a declaration of war against the latter ; this 
motion was lost by a vote of 14 to 18, when the bill passed 
by a vote of 19 to 13. Seven Republicans, — ^BradlOT, of 
V ermont, Gilman, of New Hampshire, German, of New 1 ork, 
Lambert, of New Jersey, Worthington, of Ohio, Reed, of 

* American State Papers, toL Tiii. p. 899. 



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OT THB UNITBI) STATB8. 367 

Maryland, and Pope, of Kentucky,— out of honest convictions 
of opposition to the war, voted with the Federalists. 

Of the seventy-nine members who voted for the war in the 
House, sixty-two resided south and seventeen north of the 
Delaware; of the nineteen Senators who voted for war, 
fourteen resided south and five north of the Delaware. "*" 
The war was evidently a measure of the South and West ; 
and it is but another evidence of the blind devotion to imme- 
diate profit rather than future incalculable good, that bound 
the North to the anti-war party, for it was to their benefit 
diat it ultimately resulted, as I will show at another titne. 

The act declaring war was from the pen of William Pinck- 
ney, the Attorney-General: it was brief, but comprehensive; 
and on the 18th day of June, 1812, received the approval of 
the President, and on the following day he issued the procla- 
mation announcing that war ezistea between this country and 
Great Britain, and calling upon the people to sustain the 
public authorities.t 

. Upon the immediate declaration of war was organized an 
anti-war party, composed chiefly of the Federalists and those 
disaffected Democrats who had used every exertion to thwart 
the efforts of the Administration, and to smother the voice 
of an outraged and oppressed people. 

The great object of the Republican party being now ob- 
tained, nothing remained but to provide the necessary means 
for conducting the war in the most energetic manner. Not- 
withstanding the long time the prospect of war hun^ over the 
nation, Congress had yet been exceedingly remiss m provid- 
ing for the wants of the Gt)vernment in case it should occur. 
F^teen millions of dollars were appropriated for the army; 
nearly two millions seven hundred thousand for the navy. 
Not one cent had, however, been provided for by taxes, and 

* Hild. Hist, second series, toL iii. p. 806; SUt. Man., vol. L p. 854; 
Sullivan. 

f This brief and comprehensive act is in the foUowing words : — *< Be it 
enacted^ ^c, That war be and the same is hereby declared to exist between 
the United Kingdom of Great Britain and Ireland and the dependencies 
thereof, and the United States of America and their territories ; and that 
the President of the United States is hereby authoriied to use the whole 
land and naval force of the United States to carry the same into eflfect, and 
to issue to private armed vessels of the United States commissions, or let- 
ters of marque and general reprisal, in such form as he shall think proper 
and under the seal of the United States, against the vessels, goods, and 
effects of the Government of the said United Kingdom of Great Britain and 
Ireland and the subjects thereof." — Journal of Congru9^ 1812. 



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868 C0V8TITUTI0HAL HI8T0BT 

the income by castoms and from the public land sales waa 
not more than nine millions five hundred thousand dollars. 
It was a true policy to avoid the imposition of taxes at the 
commencement of the war, which might have been at its 
earliest stage too severe a test for the popularity of the Ad- 
ministration. It is a remarkable incident, that within five 
days after the declaration of war by Congress, the English 
Government repealed the orders in council, which was done 
as soon as official information was received that the French 
decrees had been repealed. The duplicity of the French 
Government had doubtlessly prolonged the existence of the 
orders in council, and it is more than probable, had the decla- 
ration of war been postponed until the news of the repeal 
could have reached the American Government, that the war 
would either have been averted for a while, or been declared 
i^ainst the French Government, for which a large party in 
the country and some members of Congress were equally 
inclined. 

It would have been impossible, however, to stay but for a 
short time that high and burning temper so justly manifested 
against the outrageous conduct of Great Britain by the ma- 
jority of the American people. The orders in council were 
repealed; yet what atonement had been offered in satisfac- 
tion of that systematic effort, so long pursued, to prostrate the 
commerce of the country beneath the relentless trident of 
Great Britain? Could the repeal of the orders reimburse us 
for the immense value of the boats and cargoes that had 
been destroyed? or was it possible to make reparation for 
the thousands of true-hearted American sailors who had been 
piratically taken from our vessels and forced into the British 
service? Not only those American citizens who had fled from 
the tyranny of the English Government were taken, but the 
adopted citizens of this country, without regard to their lan- 
guage or nativity, were as ruthlessly snatched from the Ame- 
rican deck with that ensign of liberty in hand, — ^the stars 
and stripes of the United States, — as would have been the 
arrest of a vagrant sailor about to depart from some English 
boat. 

The declaration of war had scarcely passed the American 
Congress, when the Federal members in the House of Repre- 
sentatives published an address to their constituents, setting 
forth the grounds of their opposition to the war. This 
address, which was drafted by Quincy, was marked by con- 



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or THB UKITBD STATES. 869 

Bommate skill as an able and ingenions argnment; supporting 
a cause arainst which truth and justice, and all sense of honor 
would ultimately appear in bold and unmistakable opposition. 
This paper, which was purged of the violence and temper it 
had received from its author, served as the great incentive to 
the anti-war party, which greatly increased in a short time. 
It opposed the war, because aggressions by one of two nations 
at war afforded no ground of retaliation by a neutral nation. 
The British orders in council excluded us only from the trade 
of France and its dependents, Holland and Italy. The utter 
ruin to our commerce, the inability to cope with Great Bri- 
tain, and the danger to our constitutional form of Govern- 
ment, were some of the chief objections stated in this paper, 
and constantly urged by the anti-war party in and out of 
Congress. 

The most violent opposition to the war existed in Massa- 
chusetts; especially about Boston, which, though the cradle 
of the Revolution, was then the nursery of Federalism. Here 
it was that Elbridge Gerry, the candidate of the war party 
for Governor, was beaten by Caleb Strong, the anti-war can- 
didate, by a vote of thirteen hundred. From the very same 
Plymouth Rock, where the firm and unwavering standard of 
liberty was first planted, Caleb Strong, the Governor of Mas- 
sachusetts, in his message to the legislature, denounced the 
Administration as subservient to France, threw odium and 
discredit upon the war loans, and planted, perhaps, the seed 
of that opposition which will be a lasting sname to the New 
England States. The infection spread to Maryland, and also 
to Connecticut and other Northern States. 

The Boston press was bold and abusive in denunciation of 
the war and the war loans, whilst the pulpit itself was stained 
by the abuse poured forth by the clergy in opposition to the 
war, and those measures necessary to carry it on. Copious 
extracts might be made from the many political discourses, 
whioh, under the garb and assumed sanctity of a sermon, 
issued from the Northern pulpit.'*' 

The entire separation of Church and State under the Con- 
stitution of the U nited States, as well as under the constitu- 
tions of all the States, is among the most valuable and inte- 
resting features in our Government. This separation tends 
greatly to enhance the purity of the Church, and it is always 

* IngeraoU, toL i. chapter L 



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870 CONSTITUTIONAL HI8T0BT 

a melancholy scene when the pulpit is to be corrupted by the 
political passions of the day, the most violent being always 
hurled from that sacred desk, when once contaminated by tne 
foul breath of party spirit. 

It is an element in American politics that, whilst it is 
unmixed with the splendor of that holy creed which is abore 
the temporary wants of man, feels and appreciates the force 
and purity of its moral power. The pastoral relation is one of 
great influence and family endearment, which stamps its image 
upon politics, manners, habits, society, education, and eyen 
Groyernment itself; for it has been supposed by an eminent 
historian that ^^ The Gouffress which declared war, deterred by 
the denunciations of the Church and authorities of the seyerid 
States, left undone the duty of levying direct taxes and in- 
ternal duties."* Upon this point, however, the opinion may 
be safely maintained, that it was the policy of Congress to 
rely at this time upon loans, rather than the immediate assess- 
ment of taxes. 

During the session of thi^ Congress James Madi- 

^^^ son was nominated for re-election as President by a 
unanimous vote of eighty-two Republican members 
of Congress, who met in caucus for that purpose. Langdon, 
of New Hampshire, was nominated at the same time for Vice- 
President, but being upwards of seventy years of age, he 
refused to accept. The nomination was afterwards conferred 
on Gerry, the recently defeated war candidate for governor, 
in Massachusetts. 

The Republican members of the New York Legislature were 
dissatisfied with the administration of Madison, and, fusing 
with some of the Federal friends of De Witt Clinton, nomi- 
nated him in opposition to Madison. In September of this 
year the Federalists held a convention in the City of New 
York; eleven States were represented, and seventy members 
were present. This convention, deeming it the surest meiu:is 
of defeating the election of Madison, resolved to support 
Clinton for the Presidency, and nominated Jared IngersoU 
as Vice-President. Congress had been in session since the 
4th of November; it had been a protracted and exciting ses- 
sion ; war had been declared against the most powerful nation 
in Europe; all eyes were turned to the means of sustaining 
the coimtry in its arduous and perilous undertaking; and firm 

* Ingeraoll, vol. L chap. L 



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OF THB UNITED STATES. 871 

and willing hearts will always find the means of self-preser- 
vation. 

The expenditures had been greatly increased by the new 
army bill, and by appropriations for the navy. The only tax 
laid was one doubling the impost. Five millions of Treasury 
notes were issued, and a loan of eleven million^ of dollars, 
with a surplus of eisht millions a year from impost, previously 
pledged to redeem the national debt, which amounted to forty- 
five millions of dollars, were the financial efforts of this Con- 
gress. 

The national income for the year 1812 was only about 
nine millions and a half of dollars; whilst it was estimated 
the war would cost between thirty and forty millions. 

The revenue from impost, with double duties, could not 
exceed thirteen millions. 

With such a miserable show in our financiering talent, it 
would seem that the heart of the patriot must sicken; yet 
it is a pleasing reflection to learn, that the forty millions of 
old debt with which we commenced the war, which in less 
than three years reached one hundred and twenty millions, 
was, interest and principal, all liquidated in less than twenty- 
four years.* 

Let the statesmen of Europe learn this truth and profit by 
its force and beauty, that this young and often ridiculed re- 
publican Government, is the only one known to history that 
has ever paid its national debts. The manner in which it was 
done, and the credit to whom it belongs, I will notice in the 
progress of this work. 

With this exhibition of our financial talent and capacity, 
Congress adjourned on the 12th of July, 1812. 

Notwithstanding the declaration of war which had but so 
recently been proclaimed to the world, before a hostile foe 
had trod our soil, or a single vessel reached our shore, this 
Government was still anxious to restore the friendly relations 
that had once existed. 

The orders in council had been repealed a few ^ 

days after the declaration of war by the United 
States Government, which was unknown in Washington, as 
was the declaration of war in London. 

Whilst each Government was ignorant of the steps taken 
by the other, Monroe, the American Secretary of State, wrote 

* IngersoU, toL i p. 6S. 



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872 CONSTITUTIONAL HISTORY 

jniieae ^ R^sellj Charg^ d'AfiFaires of the United States 
in England, apprising him of the declaration of war, 
but authorizing him to agree to an armistice for the negotia- 
tion of a treaty, on condition that the orders in council should 
be repealed, and the impressment of seamen from our vessels 
should be discontinued. As an inducement to the British 
Government to discontinue the practice of impressment, 
Russell was authorized to give assurance that a law would 
be passed (to be reciprocal) to prohibit the employment of 
British seamen in the public or commercial service of the 
United States. At an interview between Russell and Castle- 
reagh, the latter spoke with great impatience of the continued 
hopes that were entertained in America, that the right of im- 
pressment would ever be relinquished. He went so far as to 
say that "our friends in Congress had been so confident in 
that mistake, that they had ascribed the failure of such an 
arrangement solely to the misconduct of the American Go- 
vernment." All of Russell's propositions were rejected, 
though they were exceedingly temperate and just. Castle- 
reagh expressed surprise, that as a condition preliminary to 
a suspension of hostilities, the Government should have made 
the proposition that the British Government should desist 
from its time-honored custom of impressment.* 

The haughty Englishman had even gone so far as taunt- 
ingly to say, "If the American Government was so anxious 
to get rid of the war, it would have an opportunity of doing 
so on learning the revocation of the orders in council." 

After this contemptuous rejection of the fair and just pro- 
positions for an amicable adjustment of our difficulties, it de- 
volved upon the United States to prosecute the war with the 
utmost vigor by land and by sea. 

It is a pleasing and instructive duty to notice at this period, 
not only the happy influence the republican form of our Go- 
vernment had upon the minds of a large class of people then 
constituting a portion of our population, but the essential 
service they rendered the cause of liberty by the generous 
support they offered in behalf of their adopted country. 

1 allude to the co-operation of a body of influential for- 
eigners, then residing in the United States, in the bold and 
fearless manner in which they advocated the war. There was 

* Correspondence between RusseU and Oastlereagli, Amer. State Papers, 
voL ix. p. 70. 



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OF THE UNITED STATES. 878 

a large demand for printers and editors, wUch could not be sup- 
plied from domestic sources; many who had been driven from 
their Parent Land, by the oppression of their Government, 
found a safe and happy home in the United States. They had 
seen abroad the wrongs that had been imposed upon our unof- 
fending country. Upon reaching our shores they mingled their 
sympathy with our distress, and freely came to our rescue in 
advocating a war that necessity had forced upon us. Ran- 
dolph complained that nearly every influential press in favor 
of the war was conducted bv foreigners. He instanced, with 
a sneer, whilst history heralds it with a blaze of honor, the 
^^Aurora" and the ^^Democratic PreBSy' at Philadelphia, ed- 
ited, the one by Duane, the other by Binns; the " Whig^*' at 
Baltimore, edited by Irving; and the '^ Intelligencer^' at 
Washington, by Gales. It was noticed by Foster, the Bri- 
tish Minister, present when war was declared, which he stated 
in the House of Commons, that among those who voted for 
war "were no less than six late members of the Society of 
United Irishmen."* 

The policy of the United States has been severely censured 
by many able writers on the war of 1812. There was error 
in the particular blow that was first aimed at the enemy, the 
invasion of Canada; but the design of invasion was right as 
well as politic. We could do nothing by sea, was then the 
universal impression; to meet the gigantic force of Great 
Britain either on the land or the ocean, we had but the skele- 
tons of a few regiments and a few frigates. The great effort 
should have been to destroy the chief elements of British naval 
and territorial power at the first blow. The aim at conquer- 
ing Canada was exceedingly unpopular at the North; whilst 
in reality it would have been, if successful, but stripping the 
branches of Endish aggrandizement on this continent, instead 
of striking at the root of this overshadowing power. With 
the limited force we then had, we -could have made it much 
more effectual by the seizure and occupation of Halifax than 
any other point belonging to the British. This was the great 
rendezvous, in America, of British naval power, by the occu- 
pation of which all her transatlantic facilities would be para- 
lyzed; which might effect an entire revolution in the commer- 
cial and naval power of England. The people of the North 
would have favored this design, and lent a more generous aid 

* Hild. Hist. U. S., second series, vol. iii p. 815. 



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874 CONSTITUTIONAL HISTOBT 

to effect it. If successful, Canada would have fallen into onr 
hands as falls the limbs when the trunk is severed. With 
Halifax in our possession, no other fit place could be found 
to shelter and repair, with convenience and safety, the vessels 
of Britain. If Canada fell, — and surely it woidd, including 
Quebec, cut off from all assistance from the Mother Country 
for six months in the year, — ^Montreal, Kingston, York, and 
Maiden would also fall, and remain ever subject to the arms 
or the Government of the United States.* 

It is not the purpose of this work to notice the naval <Nr 
military operations of the war. The sad reverses that hung 
around our arms in Canada, the surrender of Hull, the repulse 
of Van Rensselaer, near Niagara, with many other faUures 
and disasters, but convince the reader of the folly of the inva- 
sion of that section of the enemy's territory, wluch remained 
unhurt during the war. 

After the rejection of the offer made by Russell to Castle- 
reagh, it seems that the English Government was 
still anxious for the restoration of amicable rela- 
tions. In July, Sir George Prevost, Governor of Canada, 
sent Bavnes, his adjutant-general, to Greenbush, near Albany, 
with a flag of truce, to negotiate with General Dearborn, who 
was induced to sign an armistice. The arrangement between 
Baynes and Dearborn was promptly set aside by Madison, 
because it refused to relinquish the right of impressment. 

Admiral Warren arrived at Halifax in September, 1812, 
who was invested with full power to negotiate a provisional 
accommodation. He addressed a letter to Monroe, stating 
that the orders in council had nearly ceased at the time of 
the declaration of war; but on the receipt of the declaration, 
an order had issued to detain all American vesseb. If the 
American Government would* consent to the proposition, he 
was authorized to negotiate for an adjustment of the difScul- 
ties between the two countries. 

Monroe replied that the President would agree to an armis- 
tice, provided the Admiral was authorized and would agree 
to negotiate terms by which impressment should cease. These 

* Ingersoll, yol. i. p. 77. This idea was suggested to Eustis, Secretary 
of War, bj Major Jessap, a young Eentuckian ; the Secretary laid it aside. 
It was afterwards oommunicated to (General Armstrong, when Secretary of 
War, by Colonel Duane ; but none seem to faTor it but Monroe, who suc- 
ceeded Armstrong, as Secretary of War, and it was thought Monroe would 
recommend it for the ensuing campaign, but for the interrention of peace. 



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01 THX XJNITSD 8TATBS. 876 

• 

terms, so very just and accommodating, were refused by the 
Sritisb Government, and the war was to be continued upon 
the question of impressment.^ 

The disgrace which had attended our army in Canada was, 
in a measure, wiped away by the unexpected brilliancy of our 
naval exploits, commencmg with the capture of the Uuerrier 
by the Constitution, under the command of Captain 
Hull, on the 18th of August, followed by the sur- 
render of the Frolic on the 18th of October, to the Wasp, 
commanded by Captain Jones; on the 25th, Decatur cap- 
tured the Macedonian, and shortly afterwards the Constitu- 
tion added another wreath to our fame and the glory of the 
American navy, by the capture of the British frigate Java. 

These results were attended with the twofold advantage of 
inspiring a new zeal into the American heart, and breaidng 
down that obstinate objection the Democratic party had so 
long maintained towards an American navy. Auer this, 
they will be found voting with the Federalists in making 
lib^al appropriations, for the navy. 

At this period arose a very important question, discussed 
with much mterest in Congress, and involving a great consti- 
tutional principle in reference to the power of the Federal 
Executive over the militia; whether under his uncontrolled 
and discretionary power, or whether the authority of the 
General Government was limited, and only to be exercised 
in certain specified exigencies. In obedience to the Consti- 
tution, Congress had power "to provide for calling forth the 
militia to execute the laws of the Union, suppress insurrec- 
tions, and repel invasions.'* The President directed the 
general officers of the United States army to call on the 
Governors of the different States for the militia, to be put 
under the command of these officers in any case they mi^ht 
require. Some of the Governors refused to obey the requisi- 
tions made in obedience to the authority vested in the general 
officers, so as to place the soldiery of, the State under the 
command of officers of the regular army. They were willing, 
when actual invasion should occur, or there should be imme- 
diate danger of invasion, that the State militia should be 
ordered out to repel it and defend the invaded coast, and 

? laced under the command of an officer of the general army. 
)he argument used by those who were opposed to placing 

* AnMr. Stat« Papers, voL ix.; IngersoU, voL i.; Stat B€an., toI. L 



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876 OONSTirUTIONAL HI6T0BY 

the militia under the command of officers of the national army, 
was, that it was inconsistent with the rights of the militia, as 
citizens, to dispose of them against their will and convert 
them into a body of standing troops ; that the Constitution 
only contemplated -their being called into military service 
by the Federal Government to repel invasion unexpectedly 
arising, when no regular troops were at hand to defend the 
country. It was contended that the power of the militia, the 
citizen soldiery of a State, was invested entirely in the Gover- 
nor, except under those emergencies specified in the Con- 
stitution. 

On the side of the Administration, it was contended that 
precedent, as set forth by the example of the earlier Admin- 
istrations, upheld the right to call out the State militia; and 
the Governors were charged with gross neglect of duty. It 
was argued that upon the declaration of war the entire coun- 
try was exposed to attacks from the enemy, and that for 
offensive as well as defensive measures the entire force of the 
United States should be at the service of the General Govern- 
ment at such time, and in such manner, as the Executive 
should think necessary. This is doubtlessly a subject of vast 
importance, and even at this day is as far from being per- 
manently decided as in 1812. 

The General Government has authority to declare war, 
whose duty it is to conduct the war as it may seem best for 
the welfare of the United States; and if it be ri^ht to leave 
it to the Governors of the States to say when and where the 
militia are to be ordered, the most disastrous results would 
be likely to occur. 

It is not to be denied, however, that this is a dangerous 
doctrine, with a tendency to the most oppressive results; 
and when the citizen soldiery of the State is placed at the 
call of the President, it may be the instrument by which some 
ambitious man might prostrate the liberties of the country 
beneath the irresistible power of the Federal Government. 

The incidental questions that arise under any limited form 
of government in reference to the prosecution of a war, is 
always dangerous to the Constitution ; they fto often beyond 
its stipulated grants and always require the mamediate exer- 
cise of power, and that by some single person, who, to render 
it efficient, must act promptly and oftentimes violently. 

It may be recorded, that one of the many instances of an 
entire change of opinion by a party as it passes from a minority 



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01 THE UNITBD 8TATBS. 877 

to a majority, is the opinion expressed by the Administration 
being so entirely different from that which the same party 
had advocated a few years back when striving to overthrow 
the administration of John Adams. Then they insisted on 
a strict construction of the Constitntion, 'opposing all latitn- 
dinons construction as well as the undue exercise of powers 
not clearly delegated, which unfortunately marked to an 
alarming extent the administration of the Government before 
this party came into power. Thev then contended not only 
for a strict construction under all circumstances, but most 
strenuously for the right of authority in the State govern- 
ments to act in all cases not expressly granted to the General 
Government. 

In several States where the militia had not been called for, 
the le^latures, acting in view of an anticipated danger, 
authorized the Governors to order it out in the event of inva- 
sion or of imminent danger of invasion. Massachusetts and 
Connecticut were more disposed to thwart the efforts of the 
General Government. In reference to Massachusetts, on 
the application of the people near the northeast boundary of 
Maine, then part of Massachusetts, the Governor ordered 
several companies of militia to march to that frontier for de- 
fence under an apprehension of an attack from the British in 
New Brunswick ; he had promptly ordered a sufficient force for 
the protection of that frontier, though he had declined to order 
out the militia of the State when the war was first declared. 

In the State of New York, where the Adminis- ^^^ 
tration was most unpopular, a large and enthusiastic 
meeting was held in the City of New York on the 19th of 
August, under the auspices of such men as John Jay, Rufus 
Kjuff, Govemeur Morris, Judge Benson, Matthew Clarkson, 
and Kichard Varick, all eminent for public service and moral 
worth, having been distinguished patriots of the Revolution. 
By their joint labor was prepared several strong resolutions, 
indicating that the Federal Government was conducted in a 
manner destructive to the rights of the States, endangering 
the Union, and crippling the trade and commerce of the 
country. The war was denounced in bold and unmeasured 
terms, and the declaration published to the world that they 
had no confidence in the men who had brought the country 
to this perilous condition.* 

« Bradford. 
VOL. L^25 



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878 CONSTITUTIONAL HISTOBT 

This was a period of great excitement ; the minds of grave 
and sensible men had reached to a degree of madness which 
resulted in mobs and the most outrageous violence, in which 
the peace and war parties deserve the severest censure, espe- 
ciaUj in reference to the violence and bloodshed that stained 
and disgraced the streets of the City of Baltimore.* 

The Governors of Massachusetts and Connecticut had 
denied the validity of the Articles of War, as being uncon- 
stitutional, in which they had been supported by an elaborate 
opinion of the Judges of the Supreme Court of Massachu- 
setts, even to the extent that the militia could not be com- 
manded except by State officers. There are few able men of 
the present day who would advocate the extreme doctrine 
that the power of appointing officers to the army, whose duty 
it was to fight the battles of the country, did not belong to 
the General Government, especially an army raised, equipped, 
and paid out of the United States Treasury. 

The excitement that raged in the public mind 
prevailed to a considerable extent in the halls of 
Congress. Men of talent and influence were not wanting 
who used every endeavor to thwart the exertions of the Fe- 
deral Government in its efforts to prosecute the war. On a 
bill for raising volunteer corps, Poindexter contended that 
we could not constitutionally employ volunteer militia to 
go beyond the jurisdiction of the United States in the pro- 
secution of hostilities in the enemy's country, and that no 
legislative act of Congress could confer such power on the 
President. 

Ghundy properly contended, if the Constitution forbade 
the President from sending the militia out of the United 
States, that Congress could not confer the power by legisla- 
tion, the authority depending upon the construction the Pre- 
sident might give to the Constitution. 

It must be conceded, however, that Grundy was in error 
in thinking the bill unconstitutional in that provision which 
allows the militiaman to consent to being sent beyond the 
limits of the United States. 

Porter J who had always been a distinguished advocate of 
the war, contended that the services of the army could not 
be limited, under anv constitutional construction, to any geo- 
graphical limits. If it be necessary for the Executive to call 

* Hild. Hist., U. 8., 8«oond Beries, Vol. iii. p. 829. 



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OF THE UNITBD STATES. 879 

out the militia to repel invasion, he thought they might pur- 
sue the enemy heyond the limits, untu the invaders were 
eflFectually dispersed. 

Cfheves said if they may cross the line, why not go to the 
walls of Quebec? The principle is trampled upon the instant 
they pass beyond the territorial limits of the United States; 
nor, if this be the right construction, can the consent of the 
individual add anything to the powers or the rights of the 
General Government while he remains a member of the militia 
of the States. 

It is to be observed, however, that the argument of Cheves 
was defective in this, that after the militia were mustered into 
the United States army, they were no longer the militia of 
the States. 

Chrundy was opposed to the bill; he read from the Virgi- 
nia debates, on the adoption of the Constitution, a detached 
portion of the argument of Nicholas, in which, speaking of 
that article in the Constitution which gives power to Congress 
"to provide for calling forth the militia to execute the laws 
of the Union, to suppress insurrections, and repel invasions,'* 
he said they could be called forth for no other purpose than 
thus specified. 

In the debate to which he alluded is found the argument 
and high sanction of the authority of Madison, who said the 
most effectual way to render such a call upon the militia un- 
necessary, was to give the General Government full power to 
call forth the entire strength of the Union whenever it might 
be required. 

Henry Clay was a warm and efficient advocate of the bill, 
whose argument was clear and convincing. In one of the 
Amendments to the Constitution, he said, it is declared that 
a well-regulated militia is necessary to the security of a free 
State. Sut if you limit the use of the militia to executing 
the laws, suppressing insurrections, and repelling invasions; 
if the use of the militia be denied to make war, can it be 
said they are "the security of a State?'** 

This question ought to be considered as finally settled by 
the course of the General Government, as well as the acqui- 
escence of the American people. There were three invasions 
of Canada, which were not only approved, but the later in- 
vasion of Mexico by the army of the United States to the 

« EUioU'B Debates, toI. It. p. 446. 

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880 coasTrrnnoHAL histobt 

very capitol of that country, chiefly by volimteerSy has not 
only won the admiration, but the hearty concurrence of every 
citizen. 

As has been previously stated, die minds of the Demo- 
cratic party had undergone a great change in reeard to the 
navy; the narrow and unstatesman-like policy of Jefferson, 
which had been too strongly engrafted upon the minds of the 
people in this particular, had given way to more expansive 
views. After the brilliant success of our little navy, not 
only did all murmurins cease to this strong arm of the Go- 
vernment, but the most liberal policy was pursued in reference 
to appropriations in its behalf. The Administration was now 
convinced of the vast necessity of a navy, and in addition to 
the appropriations which had been made. Congress voted two 
millions and a half for its further augmentation. The Presi- 
dent was authorized to build four ships-of-the-line of seventy- 
four guns each, six large frigates of forty-four guns, and 
six sloops-of-war of twenty guns. He was further authorized 
to purchase or procure other sloops-of-war and smaller ves- 
sels, for which purpose the further sum of two hundred thou- 
sand dollars was appropriated. It had been often said by a 
portion of the people that unless it was the policy of the present 
as well as the preceding Administration to retire from the 
ocean and relinquish sJl commercial pursuits, it would be 
absolutely necessary to prepare an efficient navy. These 
measures clearly indicated a determination not only to defend 
the maritime rights of the nation, but to maintain that posi- 
tion upon the ocean which the then unfolding commerce of 
the country indicated and demanded. 

A brief allusion has been made to the nomination of Madi- 
son for re-election to the Presidency; the election which cuae 
on in the fall of 1812 was highly propitious to the best in- 
terest of the country; it exhibited the popularity of the mea- 
sures of the Democratic party, and dissipatea forever all 
doubt concerning the determination of the people to sustain 
the Administration in the prosecution of the war. 

The opponents of the Administration, upon the nearer 
approach of the election, tried to prevail on Clinton to with- 
draw from the canvass, by promises that he should be the 
next Republican candidate; it was ascertained, however, that 
Clinton would not only concentrate the Federal vote upon 
himself, but would carry off such of the Democratic party as 
were then opposed to the war. The immediate managers of 



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OF THE UNITBD STATES. 881 

the Clinton clique did not openly avow opposition to the war, 
but availed themselves of an ad captandum argument against 
the impropriety of Congressional nominations which had so 
frequently resulted in the selection of a Virginia candidate. 
They argued that the interest of New York, whose capital 
was threatened by the enemy, required the election of a man 
in whom her welfare could be more safely confided. Such 
sectional views were fallacious in the extreme, and could have 
no influence beyond the lunited sphere of the wire-workers 
about New York. The electoral vote stood : — Madison, 128 ; 
Gerry, 131; Clinton, 89; Ingersoll, 86. 

The States south and west of the Potomac, including Ohio, 
voted in a body for Madison. The New England 
States, with the exception of Vermont, voted for 
Clinton. He obtained five out of the eleven electoral votes 
of Maryland, which swelled his vote up to 89. 

The second session of the Twelfth Congress had commenced 
on the 2d of November. Up to the period of its meeting, 
disasters had fallen heavily upon the American army. The 
campaign of 1812 may be said to have ended in a total eclipse, 
in which there was not even a gleam of consolation ; in refer- 
ence to which an accurate historian of the war of 1812 has 
said,-^-" Dearborn's, the last and most unexplicable of all its 
miscarriages; Hull's incomprehensible surrender, which was 
alarming and terrible; the battle of Queenstown, a discom- 
fiture not entirely without valor; Smyth's ridiculous balk ; to 
which may be added the miserable failure of the commander- 
in-chief, without even the heroism of a disaster, afflicted the 
friends of the war with the gloomiest forebodings."* 

I have noticed the heavy appropriations made to the navy, 
the recent brilliant achievements of which raised the drooping 
spirits of America; in addition to which, to meet the financial 
engagements of the Government, authority was given to issue 
five millions of dollars in Treasury notes, and to create a new 
stock for a loan of sixteen millions. 

Laws were also passed for a' further augmentation of the 
army. The volunteer system, so popular at the last 
session,. was not only exceedingly expensive, but J^,^ 
almost useless. It was accordingly repealed, and, 
as a substitute, the President was authorized to enlist twenty 
regiments of twelve months' regulars, with an offer of $16 

* Ingersoll. 

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882 CONSTITUTIONAL HISTOBY 

bounty. Authority was also given to create six major-gene- 
rals, and an equal number of brigadiers. 

On the 24tn of December the military committee, in the 
House, reported a bill to raise, in addition to the existing 
military establishment, a regular force of twenty thousand 
men, which, added to the existing army, would make fifty 
thousand soldiers for the year, unless they should be soon 
discharged. Among the ablest opponents of the bill were 
Randolph, Pitkin, and Quincy, especially the last-named gen- 
tleman, who, undeterred by what he considered the many 
attempts to put him down by opposition, insult, and brow- 
beating, denounced the Administration and opposed the bill 
with more than his accustomed vehemence and bitterness. 
The invasion of Canada he pronounced senseless, cruel, and 
wicked. The entire plan of the Administration met his bit- 
terest invective, as being controlled by young politicians, flut- 
tering and cackling on the floor of the House, half-hatched, 
the shell still on their heads, and their pin-feathers not yet 
shed, — politicians to whom reason, justice, pity, were nothing, 
revenge everything. 

Quincy continued in this violent and abusive strain through- 
out the greater part of his speech. If, said he, the Govern- 
ment would confine itself to a war of defence, it should have 
his support; but for a war of conquest ^nd annexation, 
whether in East Florida or Canada, he would not contribute 
a single dollar; nor was he to be frightened from his position 
by the old and stale cry of British connection, raised anew by 
a pack of mangy, mongrel blood-hounds, for the most part of 
recent importation, their necks marked with the collar, and 
their backs sore with the stripes of European castigation, 
kept in pay by the Administration to hunt down all who op- 
posed the court. "There is nothing,'* said he, "in history 
like this war. The disgrace of our armies is celestial glory 
compared to the disgrace reflected on our country by this in- 
vasion — (alluding to the invasion of Canada) — ^yet it is called 
a war for glory! Glory? Yes, such glory as that of the tiger, 
when he tears the bowels from the lamb, filling the vrilderness 
with its savage roars ! The glory of Zenghis Khan without 
his ffreatness; the glory of Bonaparte!*' 

Those who opposed the sentiments advocated by Quincy 
were characterized "as creatures, household troops, who 
lounge for what they can pick up about the Government 
house.'* These quotations may serve as an indication of the 



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OF THE ITNITBD STATES. 888 

temper the opposition manifested towards the Administration 
and its supporters. 

The Administration had many of the first men of the 
country to bear its burdens, and proudly sustain its interests 
during this trying period. Clay, Calhoun, Lowndes, Cheves, 
Porter, Bibb, John W. Eppes, and others, were among those 
whose talents were more than a match for the ablest of the 
Federal advocates. 

To the sarcastic and contemptuous speech just delivered, 
Henry Clay, then Speaker of the House, was by unanimous 
consent the chosen weapon with which to prostrate this defiant 
champion of the Federalists. Among the fervent and the fear- 
less, with the highest order of talent and unsurpassed purity 
of heart and patriotic devotion, no man excelled Henry 
Clay; whilst the memory of no member of the Congress of 
this day should be more .deeply engraven on the national 
heart than this statesman, whose life will brilliantly adorn 
the page of American history. An impartial writer, who 
served long in Congress with him, and subsequently, in the 
evolutions of parties, was long the bitter opponent of Clay, 
even after he had reached the still more exalted position in 
the history of America, has the frankness to acknowledge that 
he was "prompt, clear, cogent, and authoritative in the chair ; 
eloquent, forcible, aggressive in speech; impulsive and over- 
bearing, yet adroit and commanding in conduct; resolute and 
daring in all things, without much learning, study, or polish. 
He was then in the flower of his age and robust health, the 
powerful champion of whatever he imdertook, the master- 
spirit wherever he acted."* 

This was the friend of Madison, the friend of the war, the 
defender of the rights and honor of his country, who now un- 
dertook to answer the speech just delivered by Josiah Quincy, 
of Massachusetts. Perhaps no effort of Clay's life is superior 
to this speech. Where Quincy reasoned. Clay was his supe- 
rior; when in the full sweep of his satire, he yet fell, like the 
prostrate foe beneath the scimitar of Saladin, as the fire of 
Clay's withering sarcasm blazed around him. The reply to 
this man, "whom," said he, "no sense of decency or pro- 
priety could restrain from soiling the carpet on which he 
treads," has scarcely a parallel in point of severity; whilst 
his touching sketch of the piteous condition of American sea- 

* IngoreolL 



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884 C0N8TITUTI0NAI. HISTO&Y 

men, held id bonds by BritiBh tyranny, is a most captivating 
and affecting piece of eloquence. In a newspaper of the day, 
published in the Citv of Washington, it was said, "It is im- 
possible to describe the pathetic effect produced by that put 
of it. The day was chilling cold, yet there were few who did 
not testify to the sensibility excited.* 

The discussion on the Army Bill continued many days, and 
was marked by the most consummate ability on both sides. 
The latitude of debate extended to the whole foreign and do- 
mestic policy of the Administration. The high and dedded 
stand taken by Clay and others, defended the position of the 
Administration with such fervor and eloquence, that a new 
feeling seemed to be awakened in the minds of Congressmen 
as weU as the people. 

The Army Bill passed the House by a vote of 77 

im}^ to 42. In the Senate a few unimportant amendments 
were made, when, two days from its passage in the 
House, it became a law by the approval of the President. 

* National InteUigenoer. 



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OP THB UNITBD STATES. 886 



CHAPTER IX. 

Madison's second term — ^thb war of 1812 (continued.) 

On the 4th of March, 1813, Madison entered upon the 
discharge of his duties for the second term of his Adminis- 
tration. At 12 o'clock on the same day he delivered his In- 
augural Address, which was received with rapturous applause 
bj the vast concourse of attentive listeners assembled at the 
capitol, and met also the hearty approbation of the American 
people. Notwithstanding the heavy disasters that had fallen 
upon our army, a vein of animated hope and confident success 
pervaded this paper, which fired the minds of the people to a 
more strenuous effort. 

" On the issue of the war," said the President, " are staked 
our national sovereignty on the high seas, and security of an 
important class of citizens, whose occupations give the proper 
value to those of every other class. Not to contend for such 
a stake is to surrender our equality with other powers on the 
element common to all, and to violate the sacred title which 
every member of society has to its protection. I need not 
call into view the unlawfulness of the practice by which our 
mariners are forced, at the will of every cruising officer, from 
their own vessels into foreign ones, nor paint the outrages 
inseparable from it. 

"The proofs are in the records of each successive adminis- 
tration of our Government; and the cruel sufferings of that 
portion of the American people have found their way to every 
man's bosom not dead to the sympathies of human nature. ' 

Allusion is made to the first origin of the war, its necessary 
and noble objects, and the ample resources at command to 
bring it to an honorable termination.^ 

It was about this time that several important changes 
occurred in the President's cabinet. 

* Second Inaugural Address, Stat Man., toL i. p. 807. 

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886 COKSTirUTIONAL mSTOBY 

Enstis had resigned in consequence of the violent clamors 
that raged against him, which devolved the duties of the War 
Department upon Monroe. 

Hamilton was dismissed from the Navy Department to 
make room for William Jones, of Philadelphia, once a ship- 
master; and General John Armstrong, just returned from 
France, was placed in the position vacated by Dr. Eustis. 
This was, perhaps, the most indiflFerent cabinet appointment 
Madison ever made; he was possessed of great military 
knowledge, but utterly unfitted by his excessive indolence 
for any position of labor or thought. Nothing but his high 
military reputation could have secured him the place, for it 
is said he did not enjoy the confidence of either the President, 
or Monroe, the most intimate of all the confidential advisers 
of Madison. 

As the last session of the Twelfth Congress approximated 
its termination, nothing more of interest transpired, except 
a commercial bill of considerable importance, the success of 
which was chieflv attributed to the influence and exertions of 
Cheves, of South Carolina, aided by the matchless talent of 
his rising colleague, John C. Calhoun. It was a bill to can- 
cel the merchants' bonds given for goods seized under the 
Non-importation Act, and imported from Great Britain and 
Ireland after the declaration of war. It was opposed by 
many Democratic members of Congress, but was finally car- 
ried by the close vote of 64 to 61. 

This bill was of importance to the Government, as well as 
to a large class of mercantile men, who, upon the repeal of 
the British orders in council, had immediately commenced 
loading all the American vessels at the time lying in British 
ports, with British merchandise. 

This exportation had been carried on for six weeks after 
the declaration of war had reached England, under the im- 
pression which had received encouragement by the advice of 
the American Charg^ d'Afiiaires, that the Non-intercourse 
Act would be virtually suspended as soon as the English 
Government was apprised of the declaration of war. 

The goods which had been shipped at an invoice value of 
more than eighteen millions of dollars, with about twice as 
much previously in the American market, had been seized 
and forfeited on their arrival under the interpretation of the 
Non-importation Act. 

Many of the District Courts had decided that these goods 



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OF THB UNITED STATES. 887 

should be surrendered to the claimants upon filing bonds for 
their estimated value ; it was to render this interpretation of 
the law uniform that Congress determined that all the goods 
thus forfeited should be released. 

By the statute half the forfeited goods belonged to the 
informers. Were these bonds enforced, nine millions would 
belong to the Government; if they were canceled, a still 
larger amount would accrue in the form of duties, besides the 
liability on the importers of an additional forfeiture of three 
times the value of the goods. 

The Secretary of the Treasury submitted a plan to sur- 
render to the merchants the half to which the informers 
would be entitled, — which would be nine millions, — and that 
the Government should receive the other half. This power 
was invested in the President and the Secretary of the Trea- 
sury, but the President preferred the reference of the entire 
matter to Congress.* 

In obedience to an act passed in February, the 
Thirteenth Congress assembled in special session on 
the 24th of May. It was a source of great satisfaction to 
the Administration to find that its increased popularity was 
still manifested by an enlarged number of Democratic mem- 
bers. It was also a pleasing reflection to observe the uncom- 
mon array of talent which appeared at this time in the House 
of Representatives : it contained Clay, Calhoun, Lowndes, 
Pickering, and Gaston, standing in the front rank ; whilst of 
scarcely inferior note were Macon, Benson, J. W. Taylor, 
Oakley, Grundy, Grosvenor, W. R. King, Kent, of IVlary- 
land, C. J. Ingersoll, of Pennsylvania, and Petkin, of Con- 
necticut. Among the youngest and least experienced, — for 
it was his first session, — ^was Daniel Webster, then the Repr^ 
sentative from New Hampshire, who assumed on his very first 
appearance in the political world, a position of undisputed 
equality with the most distinguished statesmen of the age.f 

The attention of Congress was at once directed to the 
critical condition of our country; the pressing business of 

* Stat Man., vol. i. p. 861 ; Hfld. Hist. U. S., second series, toI. iii. p. 
889. 

t The Senate stood nominally twenty-seven Democrats to nine Fede- 
ralists ; Giles, Lieb, and Smith, formerly disting^shed leaders in the Re- 
publican party, with Germon, of New York, Stone, of North Carolina, and 
several others, often united with the Federalists to defeat the measures of 
the Administration. 



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888 CONSTITUTIONAL HIBTOBT 

the times being the financial and military conduct of the 
war. The stren^h of the Democratic party was tested by 
the vote Clay had received for Speaker, being 89 to 54 over 
Timothy Pitkin, who was put in nomination by the Federal 
party. 

The special Message which the President sent to 

ml.^ Congress the day after its organization disclosed a 
formal communication from the Emperor of Rus- 
sia, for his mediation as the common friend of the United 
States and Great Britain, for the purpose of facilitating a 
peace. 

The exalted character of Alexander was a sufficient pledge 
for the sincerity and impartiality of the offer, which was im- 
mediately accepted. The suggestion had been previously 
made to John Quincy Adams, Resident-Minister of the United 
States at the Court of St. Petersburg, and was eagerly em- 
braced by Daschoff, the Russian Embassador at Washing- 
ton. Russia, since the French invasion, had become entirely 
friendly towards Great Britain, which rendered the Emperor 
eminently fit to act in the proposed capacity of mediator. 

The brief allusion made in the Message to our finances, 
exhibited the receipts of the Treasury from Slst of October 
last up to March following, including the sums received on 
account of Treasury notes and of loans authorized by the 
last and preceding sessions of Congress, the sum of fifteen 
millions four hundred and twelve thousand dollars. The 
expenditures for the same period amounted to fifteen millions 
nine hundred and twenty thousand dollars; which left in the 
Treasury on the 1st of April, one million eight hundred and 
fifty-seven thousand dollars. The loan of sixteen millions 
authorized by the act of February 8th, had been contracted 
for, one million of which had been paid into the Treasury. 
The remainder of the loan, with the five millions to be raised 
by Treasury notes and the receipts from customs and public 
land sales, amounting in the whole to twenty-nine millions 
three hundred thousand dollars, the President thought would 
meet the demands upon the Treasury for the ensuing nine 
months of the year. 

This view of the finances, whilst it showed that due prepa- 
ration had been made for the present year, exhibited at the 
same time, by the limited amount of our actual revenue, which 
amounted to only nine millions three hundred thousand dollars, 
the dependence of the Government upon loans, and demon- 



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OF THB UNITBB 8TATBS. 889 

Btrated the neoeBsity of proyiding more adequately for the 
future wants of the Government, which, in the opinion of the 
Executive, would be more effectually accomplished by a well- 
di^sted system of internal revenue. 

The Message also makes a touching allusion to the cruelties 
practiced by the English, and, whilst anxious for peace, still 
urges a bold and vigorous prosecution of the war as the most 
effectual means for its attainment.^ 

With the utmost enthusiasm for the war, it was not incon- 
sistent in Madison to pursue the high and statesman-like 
course he did. In reference to the Kussian mediation, he 
immediately nominated Gallatin and Bayard, both peace men, 
to act conjointly with John Quincy Adams, in negotiating a 
peace. At almost the same time, Wm. H. Crawford, then a 
Senator from Georgia, and a conspicuous advocate for peace, 
was appointed Minister to the French Court, as the successor 
of Barlow. 

The nominations of Adams and Bayard were confirmed; 
Gallatin was rejected by a vote of 18 to 17, on the ground 
of an incompatibility with the offices of Envoy Extraordinary 
and cabinet Minister. 

The Russian mediation was declined by Castlereagh, on 
account of objections to mingling the negotiation with affairs 
on the continent, but informed the American Government 
that Great Britain was willing to enter upon a direct nego- 
tiation for peace.f 

The American Congress, notwithstanding the pending of 
the proposition for peace, was determined on a vigorous pre- 
paration for war, and boldly expressed the sentiment of the 
nation in denouncing the flagrant violation of all the rules 
of civilized warfare which England had practiced towards us. 
The President, in his Message to this Congress, had alluded 
to the English practice in this respect in the very strongest 
terms of denunciation; the mention of the wrongs and out- 
rages suffered by our gallant countrymen fired the indig- 
nation of Clay, who, upon the immediate reading of the 
Message, called attention to that portion of its contents, 
remarking in the most spirited manner in reference to the 
British armies and their savage allies, the American Indians, 



* * President's Message, Stat. Man., vol. i. p. 809. 

t Castlereagh to the Secretary of State; American State Papers, vol. iz. 
p. 288. 



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890 C0V8TITUTI0HAL HISTOBT 

^^K they should be found to be as pubHc report had stated 
them, thej caUed for the indignation of all Christendom, and 
ought to be embodied in an authentic document which might 
perpetuate them on the page of history." On his motion, 
passed without opposition, that portion of the Message refer- 
ring to British cruelties and outrage, was referred to a select 
committee, which reported through its chairman, Nathanid 
Macon, — a wise, upright, and conservative man, — in a clear 
and forcible manner the many inhuman outrages the Indian 
allies of Great Britain had perpetrated iq>on American prbon- 
ers. The appointment of this committee was made with all 
due appreciation of the important and delicate trust committed 
to its keeping; a State paper was to be prepared under the 
sanction of an American Congress, which was to embody a 
volume of facts which wiU stamp ineffable infamy upon the 
English Government, its army, and its officers, as long as 
history itself shall endure, or the mild virtues of an enlight- 
ened society shall find a single votary. 

Besides the eminent chairman, this committee consisted of 
Forsyth, Robert Wright, James Clarke, Perry W. Hum- 
phreys, Gaston, and Thomas Cooper, the two last being of 
the anti-war party. They were all men of the highest moral 
worth, and equally eminent for talent and long public ser- 
vice; Forsyth lived to be Governor of Georgia, Senator of 
the United States, Minister to Spain, and Secretiury of State; 
Wright had been Governor of Maryland, and Senator of the 
United States; Clarke was afterwards Governor of Ken- 
tucky, and Gaston was a leading member of the Federal party, 
and afterwards Chief- Justice of North Carolina. It is proper 
that the members of this committee should be mentioned, that 
their authority may stand out as living and enduring testi- 
mony to the truth. 

Under different heads, this report (which made a printed 
volume of two hundred pages) established the bad treatment 
of American prisoners; their detention as British subjects; 
the detention of mariners as prisoners,.found in England when 
war was declared; the compulsory service of American sea- 
men in British ships-of-war ; the violation of flags of truce; 
the ransom of American prisoners from Indians in the Bri- 
tish service ; the pillage and destruction of private property 
in the Chesapeake Bay and neighborhood; the massacre and 
burning of prisoners, pillage and shooting of citizens, and 
burning their houses after surrendering to the British and 



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OF THB UNITBD STATES. 891 

under their protection. The outrages at Hampton were the 
last mentioned in the report, in reference to which there exists 
ample authority for saying, that women who could not escape 
were hunted down by perpetrators of every indignity on their 
person; no help given to the wounded; the dead left un- 
buried; the females were not only violated by these wretches, 
the English soldiers and officers, but slaves were encouraged 
to violate their own mistresses; the sick were murdered in 
their beds, as were the maimed and decrepid from extreme 
age; the pulpit and communion service of the Episcopal 
Church at Hampton was despoiled and robbed of the plate 
which bore the donor's name; to which must be added indis- 
criminate rape,— one woman, the victim of multiplied bru- 
tality and ravishment on many occasions.''' 

Though painful, it is nevertheless the duty of history to 
record these brutal outrages. The English Governmeiit, 
always rapacious, will ever be remembered for its still darker 
deeds, in perpetrating, in defiance of the principles of an 
enlightened and Christianized civilization, acts that would 
disgrace the reign of Nero, and stamp even with a deeper 
dye the age of Ileliogabalus or Csesar Borgia; whilst in all 
time to come the spirit of the British Ministry of 1813 will 
find its kindred feeling in those Vandal outrages long since 
committed, though permanent upon the page of history, but 
to receive universal indignation; and if Castlerea^h is for- 
gotten, Cockburn and Beckwith will be linked in the record 
of English history as the licentious leaders of a licentious 
soldierv, whose disgraceful conduct would have been rebuked 
not only bv Napoleon, but even the ruthless Attica or insa- 
tiate Zenghis. 

In turning our attention to Congress at this period, we find 
it deeply engaged in the most important preparations for the 
yigorous prosecution of the war. The great need of the 
country, and the chief business of the Thirteenth Congress, 
was the adoption of the fiscal measures which the expenses of 
the war demanded, and more especially since the Russian 
mediation had been refused by Great Britain, and proposi- 
tions from Great Britain for a cessation of hostilities rejected; 
to which may be added the increasing determination of the 
Executive to prosecute the war with greater vigor. 

* Report of the Select Committee of the House of RepresentfttiTes ; 
Journal of Congress, 1818; Ingersoll, toI. L chapter yU. 



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892 CONSTirUTIOKAL HISTO£Y 

Gallatin's plan to increase our finances was to double the 
existing daties on imports, as had been done, and to raise the 
deficiency which would exist by a resort to direct taxes. The 
latter mode, it was feared, would be unpopular. Madison 
thought that taxation and war would not work well together ; 
and the Twelfth Congress had failed in a great measure to 
adopt any permanent system for raising funds adequate to 
the wants of the Government. 

The finances at this time were in a state of great embar- 
rassment. The Treasury notes which Congress had author- 
ized to be issued, were at a heavy discount; the loans which 

1813 ^*^ ^^^^ made were eflFected at a corresponding 
rate, whilst nearly every bank in the Union was in 
a crippled condition. 

In the early part of this year the Government had felt 
very severely the pressure upon the Treasury; in truth, little 
or no economy ha^ been exercised in the public expenditures 
in reference to the army ; nor was it possible that the Executive 
could have acted otherwise, owing to the totally unprepared 
condition of the militia. 

John W. Eppes, of Virginia, the son-in-law of JeflFerson, 
and the successor of John Randolph, was at this time chair-* 
man of the Committee of Ways and Means, by whom a bill 
was reported, which passed the House, imposing a direct tax 
of three millions of dollars. The bill was very comprehen- 
sive in its details, embracing lands, houses, slaves, and nearly 
every article of luxury or general use appertaining to the 
internal commerce of the country. 

The taxes on lands, dwelling-houses, improvements, and 
slaves, were levied in accordance with the assessed value of 
1813. **^® respective articles. The United States were di- 
^* vided into one hundred and ninety-nine collection 
districts, each having one principal collector and one principal 
assessor; this was the adjustment of a barely tolerable system 
of taxation, which was entirely inadequate to the war expenses. 

We pass from this period to the reassembling of Confess, 
December 19, 1813. The reader will observe the omission 
to notice the military features of the war, which are foreign 
to the plan of this work, unless depending upon questions 
brought before Congress. 

The Annual Message which was sent to Confess on this 
occasion alludes to the rejected mediation of Kussia in the 
following bold and decided language : — ^^The British cabinet, 



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or THl UKITBD 8TAT18. 898 

either mistaking onr desire of peace for a dread of British 
power, or misled by other fallacious calculations, has disap- 
pointed this reasonable anticipation. No communications 
from our Envoys having reached us, no information on the 
subject has been received from that source. But it is known 
that the mediation was declined in the first instance, and 
there is no evidence, notwithstanding the lapse of time, that 
a change of disposition in the British councils has taken place 
or is to be expected. Under such circumstances, a nation, 
proud of its rights and conscious of its strength, has no choice 
but an exercise of the one in support of the other."* 

The war, which pressed with peculiar heaviness on the New 
England States, was becoming still more unpopular. The 
newspapers of that section, through their correspondence as 
well as editorially, broached and kept alive the idea of a sepa- 
rate peace or a position of neutrality, leaving those States 
which chose to fight it out to bear the entire burden of the 
war. 

The anti-war party of New England was still more exas- 
perated at the confidential Message of the President, recom- 
mending ^Hhat an efiectual embargo on exports be imme- 
diately enacted." 

The reasons given by the President in urging this measure 
were, the tendency of our commercial and navigation laws to 
favor the enemy and thereby prolong the war, supplies of the 
most essential kind continually finding their way to the Bri- 
tish armies, in our own neighborhood as well as at a distance. 
Even the fleets that infested our coasts were constantly sup- 
plied from our own resources. This was an unwise as well as 
an abortive measure of the Administration. Calhoun, Cheves, 
and other talented members of the House opposed it. Cal- 
houn was at the time chairman of the Committee on Foreign 
Affairs, and gave it a reluctant vote. 

It was hurried through both Houses in secresy. In the 
Senate it was apprehended that the votes of Giles, Stone, 
and Anderson would defeat this measure. Whilst this body, 
however, was in conclave. King and Gore reached Washington, 
and, without stopping even at their lodgings, hurried to the 
capitol to save this the too favorite policy of the Administra- 
tion. Upon the publication of this act, it was received with 
dismay and consternation by the entire commercial commu- 

« Stat. Man., toL i. p. 812. 
Vol. L— 26 



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894 C0K8TITUTI0NAL HISTORY 

nitj. It was, indeed, a privation, in many respects as pain- 
ful as war, without any of its advantages, its excitements, or 
attractions.* 

This impolitic restriction upon American commerce was 
destined to a very brief career. It was a passive belligerency 
that harmed this country more than the enemy, which was 
now more apparent to the President on account of the changes 
which had taken place in Europe; for it is a striking coinci- 
dence, that on the day the victorious banner of the 
JJJJ^*^ allies was unfurled in the capital of France, Madi- 
son recommended the repeal of the embargo by a 
special Message to Congress. 

In this Message is to be traced the foundation of that 
restrictive policy which Madison too fondly favored, and at 
this time pressea upon Congress, by urging "as a more effec- 
tual safeguard and encouragement to our growing manufac- 
tures, that the additional duties on imports, which are to 
expire at the end of one year after a peace with Great Bri- 
tain, be prolonged to the end of two years after that event, "f 

This may be considered the germ of that protective policy 
towards American manufactures, which, springing forth from 
the war, has proved the source of evil to the United States, 
soon to be overcome by the vigorous youth of a nation whose 
strength could be trammeled but for a brief period. 

In connection with this subject I will remark, that upon 
the motion of S. D. Ingham, the House adopted a resolution 
directing the Secretary of the Treasury to report to the next 
Congress a tariff of duties. The adoption of this 
report (which will be noticed at the proper time) 
may properly be considered the first important step towards 
inducting the American people into that extensive system 
of manufactures, on which parties debated and raved for up- 
wards of thirty years. 

At an early day of the session the Secretary of the Trea- 
sury, submitting to Congress his annual report, pre- 
"** ■ sented the following condition of the finances : — ^The 
r^c^pts for the year ending September 80, 1813, were thirty- 
"seven millions and a half, which, added to the balance at the 
beginning of the same year, made nearly forty millions. The 
annual disbursements had not been thirty millions. For the 

* Ingenolly vol. iL p. 61.' f Special Message, March 81, 1S14. 



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OF THB UNITEI) STATES. 896 

expenses of the year 1814 he allowed more than forty mil- 
lions, and proposed to raise thirty millions by loan. 

In about one month from this time Eppes, the ehairman of 
the Committee of Ways and Means, presented his 
report to the House. The chairman of this com- 
mittee was a bold and honest man, with more than ordinary 
talent, a good speaker, with a keen and analytic mind, but far 
too theoretic for the practical wants of the country, and en- 
tirely unfit for the post he then occupied. In presenting his 
budget to the House, he proposed a loan for twenty-five mil- 
lions and the issue of five millions of Treasury notes. These 
loans could only be raised by a most ruinous discount, and 
the issue of Treasury notes had preyed almost a failure. 

The chairman of the committee introduced his financial 
scheme to the House in a speech which was chiefly remarkable 
as an apology for not calling into immediate requisition the 
resources of the country, by the only certain and reliable 
mode then attainable by the Government, — taxation. 

Of the twenty days* saturnalian debate which this bill 
afforded to nearly every speaking member of the House, it 
is not worthy the attention of the reader to digest. The 
most distinguished among the many were Webster, more re- 
markable for forensic than parliamentary display ; Forsyth, 
just beginning a splendid oratorial career, which kept him for 

J ears among the most eminent speakers of Congress; and 
ohn C. Calhoun; after which the bill passed the House by 
a strict war-party vote of 97 to 55. 

On Monday, the 18th of April, this unproductive 
session of Congress closed. Something, it is true, 
was done to invigorate the army and navy; but no law was 
passed to pay the army or sustain the navy by taxing the 
people to raise the funds; nothing but loans and Treasury 
notes to meet loans and interest thereon accruing. Yet it is 
a pleasing reflection in the history of this period, that a free 
people shrink less from taxes, the hardships, and perils of 
war than their Government. 

The war was prosecuted with more vigor this year than 
since its commencement, and resulted in the mpst brilliant 
achievements hj the American arms. Two years had been 
spent in abortive efforts in the field and idle debate in Con- 
gress; the expenses of the Government were enormous and 
mcreasing; for the army and navy were both to be enlarged 



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896 COKSTITUTIOirAL mSTOKY 

and rendered more efficient. Though amidst the lon^ cata* 
logue of disasters which had darkened the hopes of me na- 
tion, the brilliant exploits of our navy in the beginning of 
the war still glowed in every American bosom, and nerved 
with renewed energy every patriotic heart in the land. There 
was occasion, too, for redoubled effort on the part of the United 
States; heretofore we had been fighting England whilst her 
resources were directed to the war that devastated Europe. 
But now that country, who had fought single-handed against 
nearly half the powers of Europe, the mad ambition which 
she had dreaded, and at one time seemed ready to engulf 
her, had subsided; she had stricken from its ascendency the 
star of Napoleon; she had torn the diadem from the brow 
of the hero of Austerlitz, and shaken to atoms the confede- 
racy of the Rhine, and none could fear the sickly glare of 
that burning genius which was ultimately forever quenched 
on the plains of Belgium. Such had been the prowess of 
England, free now from every restraint and determined to 
concentrate her mighty energy against the United States. 

She did make much greater exertion this year than ever 
before; her armies were largely increased, better equipped, 
and the resolution of the nation more excited to victory and 
vengeance. The veterans of several of Wellmgton's cam- 
paigns were sent over to America, whilst the English fleet, 
released from the war on the continent, hovered along our 
coast. Notwithstanding all this, the renewed strength of the 
United States was equu to its greatest necessity; and the 
concentrated English army in Lower Canada, wluch was de- 
signed to invade the United States, was mere empty show to 
the power, the genius, the success, that has immortalized the 
army that fought under Scott and Bipley, that crossed the 
Niagara and carried dismay to the home of the English; 
whilst the prowess of England, the pride of the conqueror 
of Napoleon, was stripped of its lustre by the unparalleled 
exploit at New Orleans, doubtlessly the most brilliant achieve- 
ment that graces the records of modern warfare. 

The National Legislature, which had been adjourned by 
19 resolution to meet the last Monday in October, was 
convened at an earlier day by the special call of the 
President. The sudden change in the affairs of Europe, as 
well as the critical and exciting aspect of the position of ihfi 
United States, demanded an early meeting of me representa- 
tives of the nation. The reasons given by the President were 



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OF THl UNITBD STATES. 897 

that some provision might he made for the inadequacy of the 
Treasury, and that no delay might happen in providing for 
the result of negotiations on foot with Great Britain. 

It was during the present session of Congress, and amidst 
the most brilliant achievements of our arms, that a domestic 
evil seemed gathering in our midst. It cannot be denied that 
the situation of the New England States during the year 1814 
was in the highest degree critical and dangerous. For two 
years the service of the militia had been extremely severe; 
they were suddenly taken from their daily occupations, trans- 

Eorted beyond the limits of their States, and subjected to the 
ardships of the camp. It was especially severe upon the 
militia of Massachusetts and Connecticut, from whom had 
been withheld all supplies, whilst these States were subjected 
to the most vigorous exactions. In most of the New Eng- 
land States, the exposure of the extensive coast, dotted witn 
towns and villages, was alarming, the body of the militia 
being drawn to the distant theatre of war, and the entire 
burden of defence still resting upon those States to save 
their property, their towns, the very women and children, 
from a ruthless enemy. 

The special action of the Eastern States, in their refusal 
to allow the militia to be carried beyond the limits of their 
respective borders, has been noticed in a previous part of 
this work. For several weeks in November and December, a 
bill was pending in Congress, authorizing the President, on 
the refusal of the Governor of any State to call out the mi- 
litia when requested, to order subordinate militia oflBcers im- 
mediately to march their men, as might be directed by the 
officers of the regular army. This bQl was approved by the 
majority of the House of Representatives, but lost, after an 
animated and protracted debate, in the Senate by one vote.* 

The arguments for and against this measure have already 
received tne extended consideration of the writer, and needs 
no further comment. 

In view of all these considerations, under the pressure of 
these manifold ills, sprang the celebrated Hartford Conven- 
tion, which has received most unjustly and undeservedly the 
most unmeasured indignation of nearly the whole community. 
Congress even was thrown into consternation and confusion, 
at designs then thought treasonable; and the pen has not been 

♦ Bradford, p. 224. 



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898 OOKSTITUTIONAL HISTORY 

inactive in attempting to write down the members of this 
Convention, and all who did not see the treasonable designs 
of this harmless body of twenty-six of the most enlightened, 
virtuous, and patriotic citizens of New England. Even at 
this day, such is the prejudice or ignorance of a large portion 
of the community, the mention of the name of a member of 
this Convention is sufficient to consign his memory to eternal 
infamy. But a brief allusion to its origin and history, it is 
hoped, wiU dissipate all such groundless prejudice. 

In consideration of the critical condition of the several 
States above mentioned, memorials from a great number of 
towns in Massachusetts were forwarded to the legislature, 
asking that body to protect the citizens in their constitutional 
rights, and suggesting the expediency of appointing delegates 
^Uo meet delegates from such other States as might think 
proper to appoint them, for the purpose of devising proper 
measures to procure the united eflForts of the commercial 
States, to obtain such amendments and explanations of the 
Constitution as will secure them from further evils." 

These memorials were referred to a joint committee of the 

leb 1814. *^^ houses of the Massachusetts Legislature, which 

reported against the expediency of the proposed 

Convention. At a subsequent day, however, the legislature 

adopted a resolution in favor of the Convention by a vote of 

^j^ g 260 to 90 ; which simply appointed twelve delegates 
to meet delegates from the other New England 
States or any other, upon the subject of their public griev- 
ances and concerns, "and upon the best means of preserving 
our resources, and of defence against the enemy, and to 
devise and suggest for adoption by those respective States 
such measures as they may deem expedient; and also to take 
measures, if they may think it proper, for procuring a con- 
vention of delegates from all the United States, in order to 
revise the Constitution thereof, and more eflFectually to secure 
the support and attachment of all the people by placing all 
upon the basis of fair representation;" whereupon the dele- 
gates were elected by a vote of 226 to 67. 

These proceedings were communicated, in obedience to a 
resolution to that effect, to the different States of the Union 
by the President of the Senate and Speaker of the House 
of Representatives of the State of Massachusetts. In the 
^oint letter of these gentlemen the object of the Convention 
IS expressly stated to be "to devise, if practicable, means of 



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OF THB UNITBD 8TATBS. 899 

security and defence which may be consistent with the pre- 
servation of their resources from total ruin^ and adapted to 
their local situation, mutual relations and habits, and not re- 
pugnant to other olligationB as members of the Union.** 

When these proceedings reached Connecticut, the 
General Assembly was in session; on the second 
Thursday in October, a joint committee of the two houses 
submitted a report reviewing the evils to which the State had 
been subjected, approving the Convention, but disclaiming 
all disloyalty or infidelity to the Union. Upon the reception 
of this report, the General Assembly of Connecticut appointed 
seven delegates to meet the delegates of Massachusetts and 
any other of the New England States at Hartford, on the 
15th day of December, " and confer with them on the subjects 
proposed by a resolution of said Commonwealth communi- 
cated to this legislature, and upon any other subjects which 
may come before them, for the purpose of devising and re- 
commending such measures for the safety and welfare of 
these States as may consist with our obligations as members 
of the national Union.** 

The General Assembly of Rhode Island and Providence 
Plantations received a copy of the same proceedings which 
had been sent to Connecticut. and the other States; tnis body 
took immediate action thereon, and appointed four delegates 
to meet at Hartford, "and confer with such delegates as are 
or shall be appointed by other States, upon the common dan- 
gers to which these States are exposed, upon the best means 
of co-operating for our mutual defence against the enemy, 
and upon the measures which may be in the power of said 
States, consistently with their obligations, to adopt, to restore 
and secure to the people thereof their rights and privileges 
under the Constitution of the United States.** 

The only other States that took any action in reference to 
these proceedings were New Hampshire, which sent two dele- 
gates, and Vermont, which sent one, from primary assemblies 
of the people.* 

This was the authority and instructions of the twenty-six 
virtuous and enlightened patriots who formed the Hartford. 
Convention which assembled on the 16th day of December, 
1814. George Cabot, a native and citizen of Massachusetts, 

* History of the Hartford ConTention, by T. Dwight, Secretary of the 
ConyentioD, pp. 842, 851. 



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400 « 00H8TITUII0NAL HISTOUT 

was elected president. He was a descendant of one of the 
' discoverers of a portion of this continent, and was possessed 
of strong powers of mind and extensive acquirements, united 
with the strictest integrity and the purest morals ; he was a 
distinguished patriot m the Revolution, and afterwards a 
Senator in Congress from his native State. In truth may it 
be said, this was a body of honorable men, consisting for the 
most part of statesmen, eminent Judges and lawyers, remark- 
able for their position, their attainments, and their virtue. 

The action of this Convention will further prove, beyond 
all doubt and cavil, that its proceedings were all constitu- 
tional, loyal, and right. After being in session three weeks, 
a report was unanimously adopted by that body, which pre- 
sented a review of the war and the condition of the New 
Endand States; but not one word about disloyalty to the 
Union. Accompanying the report were a series of resolu- 
tions declaring, in the first place, that it be recommended to 
the several States represented in the Convention to authorize 
an application to be made to the Government of the United 
States, requesting their consent to some arrangement whereby 
the States may separately or in concert be empowered to 
assume upon themselves the defence of their own territory 
against the enemy; and that a reasonable portion of the taxes 
collected within said States may be paid into the respective 
treasuries thereof and appropriated to the payment of the 
balance due said States and to the future defence thereof.* 

There were other resolutions, but they bore either directly 
upon the request of the States to defend themselves by their 
own militia, or recommended some amendment to the Consti- 
tution. Thus, the Hartford Convention appears legitimate 
in its origin, in no respect violating the Federal compact, 
either in letter or spirit. The commissions under which the 
members assembled were scrupulously guarded against any 
violation of the Constitution; whilst the account of their 
proceedings shows that they punctiliously observed the in- 
junctions contained in their instructions. Without one act 
or expression that was unconstitutional, this harmless body 
of intelligent gentlemen adjourned sine die^ January 5th, 
1815, and returned home to meet the execration of their 
countrymen, and die disliked by a large number of the Ame- 
rican people, without cause and guiltless of any offence. 

* Journal of the Hartford Conyention. 



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or THl UIOTBI) SIATBS. • 401 

It is worthy of historical notice, that the President and , 
Secretary of War, fired with sudden fear at the assembling 
of this mighty body of warlike disturbers of the tranquillity 
of the Union, dispatched Lieutenant-Colonel Jessup to Hart- 
ford, to counteract its proceedings, if necessary, by force; the 
result of which was that Jessup, after a daily correspondence 
with the Secretary of War, conveying no information of the 
slightest importance, accepted an invitation, in conjunction 
with all of his officers, to a public ball; and left the capital 
of Connecticut no doubt in a very pleasant humor, and with 
no complaints against the Convention or the people of Hart- 
ford, whose generous hospitality he had so freely received. 

The true and just doctrine of State rights has been suffi- 
ciently discussed in another portion of this work ; yet nothing 
can be more striking in the history of parties in tms country 
than the position occupied on this occasion by the distin- 
guished hero of State rights, the author of the report of 
the Virginia Legislature, in 1799, in reference to the "palpa- 
ble and alarming infractions of the Constitution in the two 
late cases of the 'Alien and Sedition Acts.' '* When the 
Federalists of New England occupied the same position it 
was treason, and the father of the States-right school in Vir- 
ginia, stood ready to put them down by the Federal sword. 

If the Hartford Convention is condemned, how will the 
States-right party reconcile the position it assumed in 1832, 
in South Carolina, in reference to the tariff? For it is not 
to be forgotten that the legislature called a convention which 
passed an ordinance determining not to obey the laws of Con- 
gress in reference to the collection of duties at the ports of 
that State, and to resist if their collection should be attempted 
to be enforced by the General Government. If Otis, Cabot, 
Done, and Sherman in 1814, were guilty of opposition to 
the laws of their country, how will tne memory of Hayne, 
Hamilton, McDuffie, and Calhoun escape the fierce denun- 
ciation of the Democratic party in reference to the position 
they and their State occupied in 1832? 

Whilst the nation was becoming more and more united, 
and Congress was engaged with a stronger feeling of deter- 
mination in passing acts for the more vigorous prosecution of 
the war, the Executive was not unmindful of the opportuni- 
ties that offered in obtaining an honorable peace. 

The letter of Castlereagh declining the mediation of Rus- 
sia, nevertheless expressed a desire for the restoration of 



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403 coHsnTunoNAL histort 

amicable relations, and a willingness on the part of Great 
Britain to enter into direct negotiations. In consideration 
of the Russian mediation, Ma£son had appointed Adams, 
then American Minister at the Russian Court, Albert Chd- 
latin, and James A. Bayard, Commissioners to negotiate a 
peace. In January, 1814, when it was believed that there 
was no prospect of peace, and Gallatin and Bayard supposed 
to be on their way home, Henry Clay and Jonathan Russell 
were added to the existing commission and sailed immediately 
for Europe. The Commissioners were arranged by the Pre- 
sident and Senate in the foUowing order: — ^Adams, Bayard, 
Clay, Russell, and Chillatin. The American Commissioners, 
were directed to proceed to Gottenburg, the place first desig- 
nated, from whence the negotiation was afterwards trans- 
ferred to Ghent, where they met the British Commissioners 
Lord Gambier, Henry Groulbum, and William Adams. The 
American Commissioners, with their Secretary of Legation, 
Christopher Hughes, and four junior assistants, established 
themselves in considerable style and kept house together with 
uncommon dignity, with the joint outfit 'and salary of one 
hundred thousand dollars per annum. Ghent, a Belgian city 
of seventy or eighty thousand inhabitants, between the 
Scheldt and LySj and not far distant from the sea, was then 
occupied by British troops under the command of Sir Edward 
Lyons, whose only personal knowledge of America, it is 
said, was that his father had been killed in the battle of 
Bunker Hill. The Commissioners were hospitably enter- 
tained by the authorities of Ghent, with dinners and balls, 
the only dancing member of which was the venerable John 
Quincy Adams. 

Gambier, the head of the British Commission, then a re- 
tired naval officer, possessed no marked character, and was 
of ordinary ability; William Adams was an Admiralty officer 
of strong prejudices and little learning; Goulburn was a 
young man of hereditary distinction, trained for a statesman 
and acquainted with the laws and rights of nations, rather as 
a student than a diplomatist. 

On the other hand, America presented at the Congress of 
Ghent, a brilliant and bold array of talent. John Quincy 
Adams was a man of vast learning, an educated and prac- 
tical diplomatist; Bayard, a distinguished debater and expe- 
rienced member of Congress ; Clay, eminently suited for the 
occasion by his indomitable firmness, great familiarity with 



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OF THB UNITED STATES. 408 

the history of the war, the exceeding readmess and sound- 
ness of his thoughts, which he imparted with unconquerable 
array of argument, brilliant force, and fluency; Russell had 
been Chargi d'Afiaires, first at Paris and afterwards at Lon- 
don, when war was declared, where he won universal admira- 
tion by the skill and firmness with which he discharged his 
delicate trust ; Gallatin had been for many years a nivorite 
cabinet officer, and was a man of strong and capacious mind, 
eminently versed in the domestic and diplomatic history of 
his country, and especially familiar with all the commercial 
and maritime questions to be discussed. In the instructions 
first given to our Commissioners, the impressment of Ame- 
rican seamen and illegal blockades were allied as the prin- 
cipal causes of war; this was also stated in the report of the 
Committee of Foreign Relations of the House of Represen- 
tatives. By an act of Congress, passed in pursuance of that 
report, it will be seen that the United States were disposed 
to exclude all British seamen from American service; but the 
instructions required that England should be bound by the 
same restrictions in reference to our seamen being forced 
into British service. 

At a subsequent period, the Secretary of State instructed 
our Commissioners, if found indispensably necessary, to omit 
the subject of impressment; the altered condition of Euro- 
pean affairs, in consequence of the downfall of Napoleon, 
was stated as the reason, and consequently it was omitted 
in the treaty. If it appears strange or inconsistent, the 
justification can only be found in the entire cessation of any 
cause of complaint on this score, from the date of the treaty 
to the present time. 

The English Commissioners were exceedingly rigorous and 
exacting in their first communication, requiring a settlement 
of the existing difficulties with the Indian tribes and the 
guaranty of a tract of country for them, which was empha- 
tically refused on the part of the United States; and the 
British Commissioners were compelled to be satisfied with a 
mutual stipulation for peace with the Indians.'*' 

Upon the final disposition of this question, arose others of 
more magnitude and importance in reference to the naviga- 
tion of the Mississippi River. By the treaty of 1783, it had 
been stipulated that Great Britain in common with the citi- 

* American State Papers, toI. ix. 

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404 OONSTfTUTIONAIi HI8T0BT 

zens of the United States, should foreyer enjoy the free 
navigation, from its source to the ocean, of this the Father of 
Waters. 

The same rights were stipulated in the treaty concluded by 
Jay in 1794. At the date of both of these treaties Spain 
possessed the sovereignty of the entire western side of the 
Mississippi, and both sides from its mouth to the Slst degree 
of north latitude. From that point to the source of the 
river, the residue on the eastern side belonged to the United 
States. The English Commissioners were under the erroneous 
idea that the territory of his Majesty would include a small 
portion of this river, when the boundary line was run from 
the Lake of the Woods, as provided in the treaty of peace. 
The idea was that the Mississippi had its origin beyond the 
line of the British possessions, which, under the law of nations 
as well as by virtue of the former treaty stipulations, gave 
them the right to navigate this river. 

The situation of the two countries at the time of the treaty 
of Ghent was entirely different from what it was at the date 
of the treaties of 1783 and 1794. Since which periods the 
Province of Louisiana had been acquired, which vested aU 
the rights of Spain, in regard to the navigation of the river, 
in the United States. It had also been ascertained prior to 
the treaty of Ghent, that the British line, designated by the 
treaty of 1788 to run from the Lake of the Woods to the 
Mississippi, would not strike the river at all; indeed, since 
the annexation of Louisiana, the United States claimed to 
the Pacific. Nothing was more preposterous than this claim 
of the British Government, in connection with which must 
be noticed the position of some of the American Commis- 
sioners. 

By the third article of the treaty of 1788, it was agreed 
"that the people of the United States should continue to en- 
joy unmolested the ri^ht to take fish of every kind on the 
Grand Bank, and on sul the other banks of Newfoundland ; 
also in the Gulf of St. Lawrence, and all other places in the 
sea where the inhabitants of both countries had used at any 
time to fish; and also that the inhabitants of the United 
States should have liberty to take fish of every kind on sudi 
part of the coast of Newfoundland as British seamen might 
use, (but not to dry or cure the same on that island,) and 
also on the coasts, bays, and creeks of all other of his Bri- 
tannic Majesty's dominions in America; and that the Ame- 



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OF THB ITNITB]) STATBS. 405 

rican fishermen should have Kberty to dry and cure fish in any 
of the unsettled bays, harbors, and creeks of Nova Scotia, 
Magdalen Islands, and Labrador, so long as the same might 
remain unsettled ; but so soon as the same, or either of them, 
should be settled, it should not be lawful for the said fisher- 
men to dry or cure fish at such settlement, without a previous 
agreement for that purpose, with the inhabitants, proprietors, 
or possessors of the ground." 

At an early day after the opening of the negotiations, the 
British Commissioners gave notice that they would not renew 
our liberty to catch and cure fish within their exclusive juris- 
diction, without an equivalent. 

The American Commissioners were divided in reference to 
the question, whether the above clause in the treaty of 1788 
had been abrogated by the breaking out of the war, or whether 
from the peculiar nature of the treaty, being one resulting in 
the severance of an empire and the acknowledgment of a new 
power, the stipulation did not survive the war. 

All of the Commissioners thought, except Mr. Adams, that 
the stipulations ceased with the war. It would have been very 
instructive had the learned diplomatist favored the world with 
some reason or authority for so important a doctrine, and one 
of such special interest to the United States ; in which, had 
he been successful, the valuable right of catching and curing 
fish on the shores of the Gulf of St. Lawrence, which had been 
used from the earliest times, would still have been retained to 
the New England people. 

In order to dissipate all doubt, as well as to secure this 
privilege, Gallatin proposed to insert an article providing on 
the one hand for the renewal of the rights and liberties of 
the fisheries, and on the other the right to the navigation of 
the Mississippi to Great Britain. The keen and practical 
mind of Clay saw at a dance the folly of such an agreement, 
to the introduction of which he instantly objected. After 
an animated discussion, principally between Clay and Galla- 
tin, Messrs. Adams, Gallatin, and Bayard, were found to be 
in favor of yielding the anxiously-desired privilege by Great 
Britain of navigatmg this great American river, communi- 
cating as it does with the richest and most productive area 
of the continent. The bold and manly heart of Clay could 
not allow him to sign any treaty giving, in comparison even 
with the New England fisheries, such a right; and with that 
inherent readiness and promptness which belonged to the man, 



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406 OOHSTITnnOHAL HI8T0RT 

he emphaticallj refxised to give the treaty the sanctkm of his 
name, if it contained sach a clause; which probably indnced 
Bayard to change his position and vote with the minority, 
and, uniting with Clay and Russell, save the country from 
the degrading position it would otherwise haye assumed, if 
by possibility the treaty could haye receiyed the sanction of 
the President and Senate.* 

Without casting the slightest imputations upon the firm- 
ness, patriotism, or skill of the eminent statesmen who formed 
the American commission, it is but simple justice to say there 
was one man more inflexibly resolved on yielding nothing — 
"not even one inch of the waters of the Mississippi" — ^than 
the rest, and that man, with ultra-montane feeling, stood like 
the AUeghany of his own native State, utterly immovable; 
and that man, as Lord Castlereagh caUed him, was the "Ken- 
tnckian," who, if with less cultivation than lus accomplished 
colleagues, was possessed of that genius which, either in war 
or peace, in oratory or diplomacy, will override the highest 
enaowments of culture. 

The majority of the Commissioners, upon the accession of 
Bayard, not to oppose the proposed article in reference to the 
navigation of the Mississippi, adopted a clause in their note 
to the British Commissioners, prepared by Clay, totally re- 
fusing to treat upon the point proposed. The most consum- 
mate skill was manifested throughout by the American Com- 
missioners, and their firmness no doubt was the cause of 
England's receding from her very haughty, exacting, and 
overbearing position. Every point for which the United 
States contended was secured, except a stipulation on the 
right of impressment, in reference to which our Commis- 
sioners had been instructed to preserve silence, if necessary; 
but it must be remembered that the silence which was pre- 
served was granted at the express desire of the British cabi- 
net, who first asserted and exercised the right, and a propo- 
sition to "omit any stipulations on this subject," not only was 
a clear backing out on the part of Great Britain, but obviated 
any necessity for a treaty on this subject; whilst the subse- 
quent scrupulous reg^d to our rights in reference to this 
great cause of complaint, may now be regarded as a great 
triumph of the war.f 

♦ Letter of Clay to Russell, July 9, 1822. 
f Amerioan State P^>er8y toL ix. 



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OF THB UNITBB STATES. 407 

Od the 24th of December, 1814, the treaty was signed and 
immediately dispatched to the United States. As soon as its 
provisions were known at London, the press and many dis- 
tinguished politicians, with a large portion of the commnnity, 
readily and fearlessly expressed their condemnation of it. 
One of the leading papers in London called upon the Prince- 
regent not to ratify "so disgraceful a treaty;" another said 
the treaty forms a deplorable contrast with the high-sounding 
threats of a part of the public press; whilst in the House of 
Lords, even Wellesley, known for his implacable hatred to 
America, denounced the British cabinet for advancing claims 
they could not sustain, and confessed the "astonishing supe- 
riority" the American Ministers had shown over the British. 

On the 13th of February, 1815, the treaty reached the 
City of Washington. It was received at the seat of Govern- 
ment with great satisfaction, and joyously throughout the 
country, as it was known "that not an inch was ceded or 
lost.'' 

The welcome news of peace reached Washington during 
the session of Congress, and amidst its busiest preparations 



for a more vigorous prosecution of the war. By ^ ^^ ^o 
special Message the JPresident communicated the 
treaty to the Senate, by whom it was immediately ratified. 
"Peace," said the President, "at all times a blessing, is pe- 
culiarly welcome, therefore, at a period when the causes of 
war have ceased to operate; when the Government 'has de- 
monstrated the efficiency of its powers of defence, and when 
the nation can review its conduct without regret and without 
reproach." 

After the negotiation of peace had been confirmed a com- 
mercial treaty was formed at London, signed on the part of 
the United States by Adams, Gallatin, and Clay. This was 
exclusively a commercial treaty, but not more favorable to 
the United States than Jay's, made in 1794. 

The immediate effect of the war had been disastrous to the 
commerce and finances of the United States, besides the loss 
of about thirty thousand lives, which may be considered no 
large number, taking into consideration the battles fought 
and the duration of the war. 

The cost of the war has been estimated at one hundred 
millions o'f dollars. The loss of life as well as the cost of 
war to the British was much greater; for during the war the 
Americans had captured on the ocean and lakes 50 British 



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408 ooHenrunoNAL histort 

vessels of war, mounting 886 rans; 2860 merehant-yessels, 
mounting 8000 guns, of which o45 were war-ships, 610 brigs, 
520 schooners, 185 sloops, and 750 vessels of various sizes, 
making altogether 2416 vessels, with their cargoes, provisions, 
and specie, and about 30,000 prisoners of war; to which may 
be added 1610 merchant-vessels, which arrived in port or 
were destroyed, and 29 ships-of-war wrecked on the Ameri- 
can coast, mounting about 800 ^uns. The loss on the part 
of the United States was much smaller, bemg, as was esti- 
mated, the President, Essex, and Chesapeake, two sloops-of- 
war, six brigs, and fourteen smaUer vessels and gun-boats, 
carrying a total of 350 guns. 

A statement made to the House of Commons from the Ad- 
miralty Office, makes an estimate of 1407 merchant-vessels 
taken by the British or destroyed, and 20,961 American pri- 
soners of war. The Americans lost, besides this estimate, 
two other frigates, and one sloop-of-war.* 

But a few days of the session of the Fourteenth Confess 
remained afber the reception of the news of peace ana the 
ratification of the treaty, which were devoted to the adjust- 
ment of national afiairs to the new condition of the country. 
The act imposing discriminating duties on foreign vessels, and 
the lingering features of the Non-intercourse and Non-impor- 
tation Acts were speedily repealed. Large appropriations 
were made for rebuilding the public edifices at Washington, 
which British barbarism had laid in ashes; and whilst the 
opposition to it by a few members of Congress was alike fatile 
and impracticable, the proposition of Bhea, a representative 
from Pennsylvania, deserves a place in history, if but to stamp 
a burning and indelible disgrace upon the brow of the most 
ruthless enemy that ever waged a civilized war. He pro- 
posed to encircle the ruins of the capitol with an iron balus- 
trade, where the green ivy might grow, and the perpetual 
inscription, "Americans, this is the effect of British barbar- 
ism!'* might in after ages meet the eye of the American 
patriot. 

Our military establishment was immediately reduced; the 
President recommended 20,000 men for the peace establish- 
ment, the House proposed 6000, the Senate 15,000, when, 
by way of compromise, it was fixed at 10,000 men. The 
direct taxes were retained and the navy kept up for the pur- 

« NOee^B Register, toL ix. 825; Stat Mm., toL L 877. 



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OF THB UNITID 8TATI8. 409 

I 

pose of protecting onr commerce from the piratical hands of 
the Algerine cruisers. 

Upon the eve of the session steps were taken to re-establish 
oar diplomatic relations with many of the European courts. 
Eustis was sent Minister to Holland, John Quincy Adams 
Minister to Oreat Britain, Gallatin to France, Bayard to St. 
Petersburg; the latter being then in Europe, hastened home 
but to close his eyes in death, and rest beneath the soil of 
that land which had ever been the object of his love, and 
with which his virtue and his fame are imperishablv blended. 
Don Onis had at length been received as Minister from 
Spain, and Irving was sent to that country to renew our 
diplomatic relations, which for some time had been in entire 
abOTance. 

tn consequence of the late fire and destruction of the 
capitol, several private individuals had erected on Capitol 
HUl a temporary building, which, though indifferently adapted 
for the use of the National Le^slature, had been leased to 
the Government; and here the Fourteenth Congress 
opened its session, charged with the heaviest and mi^ 
most important duties to the country. Clay, just 
returned from Europe and again a member of Congress, was 
elected Speaker bv 82 votes out of 122 cast, on this occasion. 
Most of the members had been elected during the war, and 
the old party distinctions had nearly subsided. Out of 65 
Federalists elected to Congress, only 10 were found to vote 
against the Administration candidate for the speakership. 
The return of peace had dissipated all ground of opposition 
to Madison, and the present aspect of the House exhibited 
the popularity of the Administration. 

In the Senate there were 24 Republicans to 12 Federalists, 
in which body the President was supported by some of the 
first men of the age, among whom is to be recognized Bar- 
bour, of Virginia, Macon, of North Carolina, and Campbell, 
of Tennessee ; whilst of the 117 Democratic members in the 
House, were Taylor and Southard, Wright and Pinckney, 
Calhoun and Lowndes, Forsyth and Wilde^ and many others 
of equal talent and influence. In opposition to the Admin- 
istration, among the ablest may be considered Webster, John 
Randolph, Gaston, Cyrus King, Sargeant, and Grosvenor, of 
the House; with Dana and Harper, Mason and Gore, of the 
Senate. 

Vol. L— 27 



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410 C0H8TITUTI0VAL HI8T0BT 

We had just passed through a war with the most powerful 
nation on earth, and thoagh waged successfully and ended 
honorably, it had not only inyolyed the country in extrone 
suffering but had left the finances in considerable embarrass- 
ment and thrown confusion and discredit upon the currency; 
these were subjects of vast magnitude and vital interest. 
The war had wrought many new ideas, and, in some respects, 
a change in the policy of the Administration; the weapons 
of war were laid aside, and the arts of peace were revived. 
Manufactures which had necessarily sprung into existence 
during the war, were then in a condition requiring aid from 
the hands of Government, or they would sink, and with 
their fall ruin thousands of our energetic citizens. Com- 
merce was again to unfold its silvery wing to every breeze, 
and agriculture to supply the domestic market and fill the 
granaries of Europe. 

Our citizens were restricted in many respects to the plainest 
and often a scanty supply of clothmg, or subjected to the 
highest and most exorbitant prices ; for a time, now that war 
had ceased, we would have to look to the foreign market for 
our supplies, which, unfortunately, created rather too strong a 
feeling for their protection. But to increase the gloom that 
gathered over us, our banks had suspended specie payments, 
and almost every dollar had gone to Europe to buy the neces- 
saries of life at exorbitant rates, not one cent of which found 
its way back ; whilst exchanges upon Endand stood at twenty 
and twenty-five per cent, above par ; and if possible to heighten 
the distress of the mercantile community (which affects every 
relation of life and every person) the issue of the banks 
amounted to over one hundred millions of dollars, with an 
estimate of about fifteen millions of specie in the country. 
Such was the condition of the country over which Congress 
was now to legislate, and in its wisdom and discretion to pro- 
vide adequate means for paying off the national debt. In a 
clear and concise Message, the President communicated to 
Congress the condition of public affairs. The embarrass- 
ments arising from the want of a uniform currency had not 
been diminished since the adjournment of the last Congress, 
which induced the President to recommend the establishm^it 
of a national bank, though he had vetoed a bill for that 
purpose at a very recent period. Some modification had 
also taken place in his opinions upon the tariff, and he did 
not hesitate to call the attention of Congress, ^^in adjusting 



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OF THB UNITBD STATES. 411 

the duties on imports to the objects of reyenue," to the influ- 
ence of a tariff on the domestic manufactures. Madison 
was not a protectionist in the most objectionable aspect of 
the term; nor had the principle at this day reached the 
extent that it ultimately attained.- There were circum- 
stances which had given a powerful impulse to domestic 
manufactures, under which many of our citizens had embarked 
with the investment of large capitals; if these establishments 
were left to contend with the influx of foreign articles when 
Europe was free from the distractions of war, the sudden fall 
of the price and the ultimate suspension from business would 
be inevitable ruin. It does not appear, however, that Madi- 
son favored a step beyond the "objects of revenue" in laying 
duties which might incidentally give protection to such articles 
as were subject to casual failures, and for which we were de- 
pendent "on foreign supplies." 

The subject of internal improvements was also recom- 
mended to Congress; but upon this point the Message was 
exceedingly vague and uncertain, being applied only to roads 
and canals, without further distinction or explanation. 

The receipts of the Treasury for nine months 
ending the 80th of September last, were estimated 
at twelve millions and a half of dollars; the issue of Trea- 
sury notes during the same period amounted to fourteen mil- 
lions; and there was obtained upon loans nine millions; 
which, added to the million and a half in the Treasury on the 
1st of January, and thirty-three millions paid up to the 1st 
of October, left a balance in the Treasury, according to the 
estimate of the President, of three millions. The national 
debt was ascertained to be, on the 1st of October, one hun- 
dred and twenty millions of dollars.* 

Notwithstanding the occurrence of peace, which would 
doubtlessly curtail the expenses of the Government, there 
were great demands upon the Treasury, and peculiarly em- 
barrassing on account of any reliable currency with which 
to collect the public dues. The expenditures for 
the present year, according to the estimate of the 
Secretary of the Treasury, would not be less than fifty mil- 
lions of dollars, whilst the expenses of 1816 would reach 
beyond forty-three millions, which could not be met under 

* Madison's Message, Deo. 6, 1S16. 



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412 coHSTirmoirAL history 

the existing tarifl^ as the double duties would cease in Feb- 
marr of that year. 

There was at this time new and great wants and interests 
springing np at home, throwing the former topic of dispnte in 
the shade, and calling for the highest efforts of patriotism 
and statesmanship which the country possessed. Among 
those who stood boldly conspicuous for the brilliant 
and lasting service of their country, were Clay, 
Calhoun, Webster, Lowndes, and Cheves. It is a matter of 
interest to obserre the little difference that existed among 
those distinguished characters at this time. No broad or 
y general lines- of party difference is discernible immediately 

after the assembling of the Fourteenth Congress, at which 
time, however, the great measures brought forward, — ithe bank, 
the tariff, and internal improvements, — were the subjects on 
which the members divided, without reference to previous 
party organization, from sectional considerations or indi- 
vidual convictions. On the bank and internal improvement 
questions, no systematic difference was disclosed between the 
Northern and Southern sections of the Union. In reference 
to the tariff it was perceived that the issue was upon protec- 
tion to manufactures; a difference at once sprung up which 
has been continued with bitterness and angry discussion to a 
very recent period. 

, . John C. Calhoun reported a bill from the com- 

mittee on the national currency, to incorporate the 
subscribers to the bank of the United States; annexed to 
which was a letter from the Secretary of the Treasury, sub- 
mitting an outline for this powerful institution, with a capital 
of thirty-five millions of dollars. The Bank-bill passed the 
House by a majority of nine votes and the Senate by a ma- 
jority of ten, two members (Messrs. Bibb and Thompson) 
being absent on account of ill-health. On the 10th of April, 
the President signed the bill, though the bank did not com- 
mence operations until the next year. 

The sudden transition of the Kepublican party in the year 
1816 from being opposed to the bank to the position of being 
its very father, surpasses all comprehension. Clay, the dis- 
tinguished leader in the House, who formerly opposed with all 
his talent and energy the bill which Madisbn vetoed, because it 
was unconstitutional, now sustained with all his powers a simi- 
lar bill, which, in a very short period, Madison found to be 



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OV THB UNITED STATB6. • 418 

constitntional. Expediency is the practical code of most 
American statesmen ; the doctrine of strict construction and 
constitutionality is but too frequently estimated by the stand- 
ard of party predilection. The constitutional bearing of 
every question must be permanent, yet statesmen have but 
too often allowed the expediency doctrine to control aU other 

auestions. The bank gave no satisfaction to its friends in 
le first few years of its operation, and but little aid to the 
commercial community ; an occasional loan, with the annual 
tribute of a million and a half bonus to the Government as a 
tax upon its life, may have been a temporary relief to the 
Government; but its future history wiU present an engine of 
dreadful commercial destruction, which will long be borne 
upon the memory of the American people. The first bank, 
which was incorporated in 1791, and ushered into existence 
under the auspices of the Federalists, was opposed hj Jefier- 
son ; and the little Republican party, iust strugelmg into 
existence, opposed it not only as inexpedient and dangerous, 
but as unconstitutional. 

In 1811, when the efibrt was made to recharter the bank, 
the Republican party, then in the majority, wisely defeated 
it; Clay was in the Senate, and the "vagrant power," which 
he called it, to establish a bank "had wandered throughout 
the whole Constitution in quest of some congenial spot 
whereon to fasten." Madison, who had been a member of 
the Convention that formed the Constitution, and author of 
the resolutions of 1798 and 1799, was remarkable for an 
adhesion to a strict construction of the Constitution, had 
opposed all previous authority and despised aU precedent. 
Whilst the Republican party surrendered the Constitution 
upon the plea of necessity, Madison did it upon the ground 
ot precedent 

Some of the true and firm old Republicans opposed with 
great energy and bitterness not only the Bank-bill, but the 
lamentable giving way of James Madison on a point on which 
he had before shown the greatest firmness Among the most 
distinguished opponents of Madison at this time was John 
Randolph, who did not hesitate to charge this act of incon- 
sistency to the weakness of old age, as he applied to him the 
well-known quotation — 

*< From Marlboroagh'8 eyes the streams of dotage flow, 
And swift expires a driy'lor and a show." 



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414 00K8TITUTI0NAL HISTORY 

But this, the reader will understand, as bein? more the in- 
dulgence of a heated temper than the true ^ling of the 
country towards the sage of Montpelier, who died respected 
and aamired by every party. 

The most important feature in the Bank-bill, if not the 
only one that saved it from immediate destruction, was the 
adoption of the specie resolution, by which fi-om and after 
the 20th of February, 1817, all debts due to the Treasury 
were to be paid in gold or silver, in Treasury notes, the notes 
of the bank of the United States, or notes of banks which 
pay in gold or silver on demand. This clause worked well 
for a while, and was the means of a considerable saving to 
the Treasury. All the New England banks had at the time 
suspended specie payments, but such was the miserable con- 
dition of the currency, that their depreciated bills passed by 
a general consent from hand to hand, and the public money 
even had to be collected in this degraded medium. The 
country was indebted to Daniel Webster for this salutary 
measure, who, though opposed to the bill, introduced this 
clause somewhat against the consent of a portion of the Re- 
publican party; but by his commanding talent and profound 
Knowledge of the financial interest of the country, succeeded 
in making the bank a better institution than its very fathers 
did, when it was first proposed to the National Legislature. 

At the present session of the Fourteenth Congress was 
introduced a system of legislation which the statesman or 
historian must alike approach with the most mature consider- 
ation, which, in its immediate as well as subsequent opera- 
tion, was the most momentous ever ofiered to the consideration 
of Congress. Through the influence of that most unfortunate 
experiment, the restrictive system which sprung from unwise 
councils during the war, domestic manufactures had assumed 
an importance in some of the States, which now, the war 
being over and the restrictions removed, left those who had 
embarked in such enterprises from sheer necessity, suppli- 
ants for relief at the hands of the Government. The amount 
of capital involved in domestic manufactures had suddenly 
reached to a considerable extent. In the year 1800, only five 
hundred bales of cotton had been worked up in the United 
States; in 1805, one thousand; in 1815, the number had 
reached ninety thousand, employed ninety-four thousand 
operatives, and a capital of nearly forty-two millions of dol- 



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OF THB UNITBI) 8TATBS. 415 

lars."^ This is but a faint picture of that vast, gigantic, and 
incalculable interest that has since pervaded the country. 
Against the full and rapid development of the manufacturing 
interest of the United States, no man can say anything; yet 
it is the duty of impartial history to trace the origin of tnat 
system which brought them into such sudden and plethoric 
existence, and also to examine the policy of those measures 
which impelled the American people in a certain course of 
business, which, if left to the unfettered laws of trade, would 
certainly have been postponed for a'time. 

With the tariff of 1816, containing the minimum duty on 
coarse cotton fabrics, will be found the corner-stone of the 
protective system. In the Northern States some advance 
had been made in the manufactories, but no great interest 
had as yet sprung into existence, asking the protective hand 
of the Government. Navigation and foreign trade were the 
pursuits of the citizens of the North, and they feared these 
interests would suffer from the attempt to build up manufac- 
tures.f It is a striking fact that this principle, afterwards 
the means of building up the magnificence and wealth of the 
Northern States, which they at first opposed, was first recom- 
mended by a Southern President, ana ardently supported by 
Southern statesmen, with Calhoun at their head, wno, think- 
ing it of the highest interest to the growers of the great 
staples of Southern agriculture, advocated the protective 
tariff of 1816; and an equally well-known fact in its history 
is the sudden change which the South assumed when it was 
discovered, too late, that it warred upon Southern interest, 
but was the path to Northern wealth and power, which in a 
few years made it their favorite pursuit and placed the states- 
men of their section from being its bitterest opponents, in 
the front rank of its champions and defenders. Calhoun and 
Webster, the most distinguished statesmen and more iden- 
tified with this measure than any other great effort of Ame- 
rican legislation, not only changed places in reference to the 
principle of protection to American industry, but with them 
the North and the South alternately occupied the same 
ground, — the one of opposition, the other of advocacy of this 
very question. Nor is it a ground of just reproach to either ; 



* Report of the Committee t>n Manufactures in the House of Represen- 
tatives, 1816; Niles*s Register, yoI. ix. 
f Memoirs of Webster, by Everett, p. 48. 



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416 CONSTirunONAL histobt 

Webster saw that the people he represented had turned the 
course of legislation to their own advantage, and unforeseen 
events had made it the sure pathway to them of wealth as 
well as political power, that manufacturing was eminentlj 
suited to the genius of the great section of which he was the 
first representative man, in talent and influence, in the whole 
country. Calhoun soon saw, with the eye of a statesman and 
the wisdom of a philosopher, that the Republican party, with 
Madison at the head, had placed the South in an unfortunate 
position, as far as making it tributary to the North and ex- 
cluding to a great extent the markets of Europe, were con- 
cerned; and from necessity he, with many other Southern 
statesmen, were compelled to oppose the further continuanoe 
of a system that preyed with yultnre-like voracity upon their 
dearest rights in a pecuniary as well as a political sense. 

Lowndes, a very distinguished statesman, and 

eminent with a reputation for financial talent, was 

chairman of the Committee of Ways and Means to whom 

had been committed so much of the President's Message as 

related to the revenue. 

This committee reported in favor of the plan 
of revenue contained in the report of the Secre- 
tary of the Treasury, with veir slight and immaterial ex- 
ceptions. This report, bs well as that submitted by the 
Secretary of the Treasury, whilst recommending certain 
modifications of the tariff* for revenue, was silent on the sub- 
ject of protection, though in some instances enormous duties 
were recommended.* 

The Secretary of the Treasmy had been called upon by a 
resolution of the House to submit a plan for a tanSOT, which 
he accordingly did at great length, showing considerable 
labor and research on the part of the Hon. A. J. Dallas, but 
exhibiting very little skill and foresight as a financier. In 
framing the propositions which he submitted to Congress, he 
made the following divisions which would come under consi- 
deration in adjusting a general tariff*, — 

Ist. The object of raising, by duties on imports and ton- 
nage, the proportion of public revenue which must be drawn 
from that source. 

2d. The object of conciliating the various national interests 

* Niles's Register, yoI ix. pp. 261, 856. 



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01* THB X7NITBD 8TATBS. 417 

wMoh arise from the pnrsmts of agriculture, manufactures, 
trade, and navigation. 

8d. The object of rendering the collection of the duties 
oonvenient, equal, and certain. 

The mind of the Secretary was in advance of the ideas of 
those who lived in the same section of the Union with him- 
self; he was evidently strongly inclined to protection. In 
reference to the second point of consideration embraced in 
this report, he not only says there are few if any Govern- 
ments which do not regard the establishment of manufac- 
tures a chief object of public policy, but in the schedules 
submitted along with the report at the same time, his recom- 
mendation was to raise the duties eighty per cent, ad valorem 
upon the aggregate products of the existing duties. 

In the classification he proposed was the following scheme, 
with an enumeration under each head of the articles properly 
belonging thereto : — 

1st. Manufactures which are firmly and permanently 
established, and which wholly, or almost wholly, supply the 
demand for domestic use and consumption. 

2d. Manufactures which, being recently or partly esta- 
blished, do not at present supply the demand tor domestic 
use and consumption, but which with proper culture are capa- 
ble of being matured to the whole extent of the demand. 

8d. Manufactures which are so slightly cultivated as to 
leave the demand of the countrv wholly, or almost wh6lly, 
dependent upon foreign sources for a supply. 

The second class embraces those articles which he clearly 
saw were the great objects of governmental nursing and care, 
buf upon articles of the third class they had not sufficiently 
interested the capitalists of the country as to be worthy of 
much notice by the Government.* 

When the Tarifi'-bill was introduced into the House, a 
severe and most important struggle took place upon the 
duties on cotton and woollen manufactures. The mercantile 
representatives uniting with the great body of Federalists, 
who, unmindful of the striking similarity between the report 
of Dallas and that which had been submitted to the consider- 
ation of Congress by Alexander Hamilton, and now quite 
popular with the Republican or Democratic party, were the 

* RepoH of A. J. DaUaa, Secretary of the Treasury, Feb. 12, 1816 ; 
Niles's Register, vol. U. p. 487. 



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418 COKSTITUTIONAL HI8T0BT 

chief opponents of the bill, with an occasional help from a 
few old-school Southern Democrats, the first and formost of 
whom was John Randolph. 

The cotton-growing States, whose interest seemed to be 
most specially represented by John 0. Calhoon, did not come 
out as decidedly in favor of protection to that article as it 
was supposed they would have done, and by some unaccount- 
able change of sentiment, the Northern States, those sup- 
posed to be mostly interested in commerce and navigation, 
gave a larger vote in behalf of protection. 

It is strange, but nevertheless true, that whilst the leading 
representative from the South first unfurled the banner of 
protection, which was most violently assailed by some of the 
first statesmen of the North, that when the final vote was 
taken in the House, it was passed by a vote of 88 to 54, the 
largest number of yeas being from the North and the largest 
number of nays being from the South; in Virginia, only 
seven out of twenty-three voted for it; North Carolina unani- 
mously voted against it; in South Carolina, only four out of 
nine voted for the bill; in Georgia, three out of six; in Ten- 
nessee, three out of six ; and Thomas Robertson, then the only 
Representative from Louisiana, voted also against it. Among 
the Northern Representatives the vote was 59 yeas to 25 nays. 

A riiw ^^ Senate the bill passed by a vote of 25 to 

^ ' 7, a majority of Northern Senators voting for it, — 

Barbour, Mason, Turner, Goldsborough, and Harper, of the 

South, voting against it.* On the 17th of April this bill 

received the approval of James Madison. 

Henry Clay, the early and constant friend of protection to 
American industry, Lowndes, and Calhoun, all boasted that 
protection was the purpose of this bill; whether the rates 
fixed were insufficient, or whether the nation would suffer 
such legislation, as it was not yet ready to receive, is at this 
time immaterial; sufficient is it to know, that many of those 
establishments, designed to be fostered by the Government, 
languished and perisned under the competition of the heavy 
importations that were kept up after the close of the war. 

1818. """^^ diplomatic relations of the United States 

and Spain, which had been somewhat overlooked, 

and for a while suspended, were brought under discussion 

* Journal of the House, April 5, 1816; Journal of the Senate, April 19, 
1816; Niles's Register, yoI. ix. p. 280, toI. z. pp. 101, 160. 



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OF THB UNITBB 8TATBS. 419 

durmg the course of this year. West Florida was occnpied 
hy the United States troops, which elicited a remonstrance 
from Don Onis, the Spanish Minister, who insisted that this 
portion of the territory be surrendered to his Catholic Ma- 
jesty. The direct and official relations between the two 
Governments had been broken oflF since the year 1808, during 
which period the territory alluded to had been reduced into 
the possession of the United States. The communication of 
the Spanish Minister further presented, that expeditions were 
fitting out on the Mississippi against New Spain, and de- 
manded that no intercourse should be allowed between the 
United States and the revolted Colonies of the King of Spain. 
The communication of Don Onis was not only passionate 
and violent, but in extremely bad taste ; to all of which the 
Secretary of State replied with becoming dignity and force. 
After a brief and pointed allusion to the treaty which a few 
years back had been entered into between ^pain and the 
United States, providing indemnity for the unlawful seizure 
and condemnation of American vessels in the ports of Spain, 
he noticed the several points made in the communication of 
this restless and uncouth diplomatic functionary. 

In reference to the occupation of West Florida, there was 
but one answer to be given, — that the United States claimed 
by cession, at a fair equivalent, the Province of Louisiana, 
as it was held by France prior to the treaty of 1763, extend- 
ing from the Perdido, on the eastern side of the Mississippi, 
to the Bravo or Grande, on the western; to the territory 
within these limits the right of the United States was esta- 
blished by treaty. 

In reference to the second demand, — ^that the troops that 
were being raised to fight in behalf of the revolted Provinces 
of Mexico should be arrested and tried, — Monroe denied 
that the men engaged in the expeditions alluded to were 
American citizens ; that the expedition assembled by Toledo 
consisted of Spaniards and Frenchmen, living in the wilder- 
ness between the settlements of the United States and Spain, 
and not within the settled parts of Louisiana, and beyond the 
actual operation of our laws; and that this Government could 
not be called upon to surrender the inhabitants of Spain or 
of the Spanish Provinces, on the demand of Spain, such 
people not being punishable by the laws of the United States 
for acts committed beyond their jurisdiction, the case of 
pirates alone excepted. Yet the Secretary of State fully 



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420 CONSTITUTIOVAL HI8T0ST 

and manfdnj met the question as far as it was within the 
operation of our laws and the principles of national juris- 
prudence, by assuring the Spanish Minister that wheneyer 
American citizens were detected in such enterprises they 
would be brought to immediate trial. 

In reply to the third demand made by the Spanish Minis- 
ter, — the exclusion of the flag of the reyolted Provinces from 
our ports, — ^the Secretary of State justly and correctly con- 
tended that, in consequence of the unsettled state of many 
countries and repeated changes of the ruling authority in 
each, there being at the same time several competitors, and 
each party bearing its appropriate flag, the President thought 
it proper to ^ive orders to the collectors not to make the fletg 
of any vessel the criterion of its admission into the ports of 
the ifnited States. This Government took no part in the 
convulsions which shook and agitated and destroyed other 
powers, and it was consistent not only with our interest, but 
with the received and just principles of public law, to admit 
into our ports vessels of all countries under whatever flag 
they sailed, piratical ones alone excepted. Whether the able 
and dignified State paper of Secretary Monroe satisfied or 
convinced the querulous Embassador or not is unknown; 
the Spanish difficulties were not agitated again for several 
years, when Monroe had been transferred from the cabinet 
to the Executive Chair. It is a fundamental policy of this 
Government, recognized and practiced from its earliest days, 
to maintain the strictest neutrality in reference to the quar- 
rels of foreign nations, and of this the Spanish Government 
was assured in reference to her revolted Provinces in South 
America; yet there was no impropriety and no injustice in 
trading with them, be their political allegiance boiind to a 
Spanish King or in tranntu from despotism to freedom.* 

1816 *^® second session of the Fourteenth Con- 

gress, which assembled on the 2d of December, the 
Chief Magistrate of the United States addressed his eighth 
and last Annual Message. 

In directing the legislative attention to the state of the 
national finances, it was a subject of gratification to find that 
within the short period which had elapsed since the return of 
peace the revenue had largely exceeded the current demands 
upon the Treasury. It was estimated that durmg the year 

* Krsdford, p. 240 ; American State Papers, toI. xL p. 64. 



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OF THB UNITBD STATES. 421 

1816 the receipts of the revenue at the Treasury, including 
the balance at the end of the year and excluding the pro- 
ceeds of loans and Treasury notes, would reach the sum of 
forly-seven millions of dollars. The amount, however, re- 
ceived was about thirty-eight millions, which left at the end 
of the year a surplus of about nine millions in the Treasury. 

The operations of the Treasury continued to be obstructed 
by difficulties arising from the condition of the national cur- 
rency ; the bank had as vet done but little good, which could 
be but temporary, though the President thought it had been 
organized under "auspices the most favorable." 

The floating debt of the Treasury notes and temporary 
loans, was soon to be discharged. The aggregate of the 
funded debt did not exceed one hundred andten imllions of 
dollars. The annual expenses of the Government,— -civil, 
military, and naval, — were estimated at less than twenty mil- 
lions; the permanent revenue from all sources was estimated 
to exceed twenty-five millions. 

It was upon this general view that the President thought 
there was only wanting to the fiscal prosperity of the (govern- 
ment, the restoration of a uniform medium of exchange. 

The political views which the President at this time enter- 
tained were generally, though not always, approved by the 
Democratic party. The policy he recommended differed in 
some respects most materially from the views hitherto ex- 
pressed. Protection to domestic manufactures was urged 
as deserving the especial guardianship of the Government. 
The bank was a favorite scheme; and, indeed, it did appear 
that many of the repudiated doctrines of the Federal school 
had no small occupancy in the mind of the Executive. 
/ In view of f^n approaching retirement from the chief magis- 
tracy of the nation, Madison, — a beautiful and effective writer, 
always forcible, brilliant, and clear, — drew a striking and phi- 
losophic picture of the great duty and destiny of the country 
he had faithfully served and ardently loved; in which he ex- 
hibited the character of the American people in their devotion 
to true liberty and to the Constitution, which is its palladium. 
Sure presages that the destined career of the country will 
exhibit a Government pursuing the public good as its sole ob- 
ject, and regulating its means by the great principles conse- 
crated by its charter, and by those moral prmciples to which 
they are so well allied ; a Government which watches over 
the purity of elections, the freedom of speech and of the 



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422 COKSTITUnOHAL HI8T0SY 

press, the trial by jury, and the equal interdict against the 
encroachments and compacts between religion and State; 
which maintains inviolable the maxims of public faith, the 
security of persons and property, and encourages, in eyery 
authorized mode, that general diffusion of knowledge which 
guaranties to public liberty its permanency, and to those who 
possess the blessing the true enjoyment of it; a Goyemm^it 
which avoids intrusion on the internal repose of other nations, 
and repels them from its own; which does justice to all na- 
tions with a readiness equal to the firmness with which it 
requires justice from them ; and which, while it refines its do- 
mestic code from every ingredient not congenial with the pre- 
cepts of our enlightened age, and the sentiments of a virtuous 
people, seeks by appeals to reason and by its liberal examples, 
to infuse into the law which governs the civilized world a spirit 
which may diminish the frequency or circumscribe the calami- 
ties of war, and meliorate the social and beneficent relations 
of peace; a Government, in a word, whose conduct, within 
and without, may bespeak the most noble of all ambitions, — 
that of promoting peace on earth and ffood-will to men. 
Such were the lessons of truth which Maoison addressed to 
the last Congress which assembled under his administration; 
and long may they be remembered and appreciated by a free 
and virtuous people ! 

Under that extensive power of the free principles of the 
American Constitution, another State was added to the bright 
galaxy of the Union, — Indiana, which had formed a part of 
the Northwestern Territory till January, 1801, when it was, 
by act of Congress, erected into a Territorial government, 
with the usual power and privileges. Under ^is form of 
government it remained till 1816, when the population being 
sufficient. Congress passed a law authorizing the people to 

1816. establish a State government. A constitution was 
adopted on the 29th of June, 1816, and on the 6th 
of December was admitted into the Union as the nineteenth 
State. 

It is a lesson of striking import, which should be referred 
to with pride and satisfaction, to observe the easy and undis- 
turbed manner in which the State of Indiana was brought 
into the fellowship of union with the other States. Free 
from party feeling and sectional strife. Morrow, the Senator 
from Ohio, from the select committee to whom was referred 
the resolution for admitting the State of Indiana into the 



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OF THB UKITBD STATB8. 428 

Union, reported the simple preamble and resolution that, — 
'* Whereas, in pursuance of an act of the Congress of the 
United States, passed on the 19th day of April, 1816, en- 
titled 'An act to enable the people of the Indiana Territory 
to form a State government, and for the admission of that 
State into the Union, the people of the said Territory did, on 
the 29th day of June in the present year, by a convention 
called for that purpose, form for themselves a constitution 
and State government; which constitution and State govern- 
ment, so formed, is republicatiy and in conformity to the prin- 
ciples of the Articles of Compact between the original States 
and the people, and the States in the territory northwest 
of the River Ohio, passed on the 23d day of July, 1787;* 
therefore be it 

^^Resolvedy hy the Senate and Hou%e of Representatives 
of the United States of America in Congress assembledj 
That the State of Indiana shall be one, and is hereby de- 
clared to be one of the United States of America, and ad- 
mitted into the Union on an equal footing with the original 
States in all respects whatsoever." 

This was all the legislation the constitution required. The 
only condition to be exacted was a republican form of govern- 
ment, which being complied with. Congress had no legitimate 
right to hesitate for a moment about its admission as a State, 
upon an equal footing with the other members of the Con- 
federacy.* 

The allusion in the preamble to the ordinance of 1787, was 
rendered essential for the obvious reason, that the law of 
Congress passed at that day prohibited slavery in what was 
known as the Northwest Territory.f 

At this session the western portion of the Territory of 
Mississippi was erected into the new Territory of Alabama, 
over which Bibb, of Georgia, was appointed the first Governor, 
and authority given to the eastern portion to establish a con- 
stitution for the State of Mississippi.:^ 

The rapid development of the resources of the southwestern 
portion of the Confederacy, and the great profits likely to 
accrue from the cultivation of cotton, had revived the African 



♦ Nile8*8 Register, voL xi. p. 256. 
t Journal of Congress, 1787. 

X Hild. Hist, of U. 8., second series, toI. ilL p. 618; Niles*s Register, 
ToL JUL p. 898. 



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424 00H8TITUTI0NAL HXaTORT 

8lay6-trade to such an extent as to reoeiye special attrition 
in the Annual Message of the President, with the hope that 
some steps woold be taken by Congress to render the law as 
efficient as would be necessary. The legislation of Congress 
was directed to no further action than the enactment of more 
severe laws for the purpose of restraining the African slave- 
trade, which, nevertheless, was indulged in to some extent for 
years afterwards. 

The Africah slave-trade was doubtlessly conducted with 
many scenes, alike abhorent to Christian feelings and the 
dictates of humanity; but with all the objections which the 
civilized world very justly made to a further indulgence in this 
traffic, it is equally clear that a most important social, political, 
and commercial mterest has been engrafted upon the poUcy 
of the United States, which has not only become permanent 
with us and produced the great development of the resources 
of the agricultural States, but tended in a large degree to 
meliorate the condition of the Old World, by making this 
country the great reservoir for supplying with wholsome and 
necessary food its starving population. The great and crown- 
ing glory of this much -abused system has not yet been written, 
though commenced, in the grand drama of the world's history, 
and when done it will prove that it will have been the means, 
and the only means known to man, of Christianizing the 
African continent. The planting in Liberia a colony of free 
blacks, with seeds of liberty and Christianity, nurtured and 
sustained by that enlightened principle under which it flour- 
ishes, is alone due to the American Colonization Society. 

Experience has sufficiently demonstrated that it was, in a 
great measure, the mission of the black man to carry back 
to the home of his fathers those true principles of Christianity 
which, derived from the Bible, are the only means of giving 
a true and exalted position to the human family. The climate 
ever will present an impassable barrier to the white man, but 
to the black no such obstacle exists. 

The most remarkable event about this time was the for- 
mation of the American Colonization Society at the City of 
Washington, under the auspices and assistance o£ such men 
as Henry Clay, John Randolph, Wright, of Maryland, Bush- 
rod Washington, its president, and other slaveholders. The 
president and managers of this society memorialized 

mi}^ Congress, in an ad£ess signed by Judge Washing- 
ton, setting forth the objects in view and asking 



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OF THB TTKITEB STATBS. 425 

assistance. All connection with emancipation was disclaimed, 
except providing a place for the free blacks, in which the 
South was deeply interested. M^^J evils were likely to re- 
sult from the anomalous position of this class of our popu- 
lation, the members of which were free men, but exposed to 
many evils in consequence of their degraded position, and 
the social and civil disabilities under which they must forever 
rest. The necessity of some such society was becoming still 
more pressing, because the laws of most of the States forbade 
the recently emancipated slaves to remain in the State; which 
was followed up by counter-legislation on the part of other 
States, forbidding the migration of free people of color into 
Aeir borders. This memorial was referred to a committee, 
who suggested that a settlement might very properly be 
effected at Sierra Leone; and a resolution was reported au- 
thorizing the President to enter into negotiations with Great 
Britain for that purpose; but not meeting with that success 
from the Southern members which it merited, the resolution 
failed, and the society was left to its own efforts.* 

A bill to set apart and pledge as a permanent 
fund for internal improvements the bonus of the ^^jj* 
National Bank, and the United States share of its 
dividends, passed, at this session, both Houses of Congress. 

The constitutionality and expediency of internal improve- 
ments by the General Government was fully and ably dis- 
cussed. The bill was reported to the House by a special 
committee, to whom the subject had been referred at an early 
part of the session, and was passed by a vote of 86 to 84. 
Calhoun was its most prominent advocate. He argued with 

treat force and clearness not only its constitutionality, but 
emonstrated the policy and necessity of the adoption of a 
system of internal improvements by the General Government. 
'^Abounding in pecuniary means,' he inquires, "to what can 
we direct our resources and attention more important than 
internal improvements ? What can add more to the wealth, 
the strength, and the political prosperity of our country?*' 
He contended that the first power given to Congress is com- 
prised in these words, — "To lay and collect taxes, duties, 
imposts, and excises ; to pay the debts, and provide for the 
common defence and general welfare of the United States; 
but all duties, imposts, and excises shall be uniform through- 

* Niles'B Begister, voL zL p. 866. 
Vol. L— 28 



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426 CONSTITUTIONAL HI6T0BT 

out the United States." The Constitution gires the power 
to establish post-offices and post-roads. "I know," said Cal- 
hoon, ^Uhe interpretation given to these words confines our 
powers to that of designating only post-roads; bat it seems 
to me that the word ^establish' comprehends something more. 
Bat suppose the Constitution to be silent, why should we be 
confined in the application of moneys to the enumerated 

S>wers7" He demonstrated that the uniform practice of our 
ovemment had been to appropriate money without refer- 
ence to the enumerated powers, and cited examples in proof 
thereof.* 

Pickering stated he remembered that the supposition that 
Congress might, under the clause establishing post-roads, 
exercise the power of making roads in any State and where 
they pleased, was offered as a serious objection to the adop* 
tion of the Constitution, in the Convention of Pennsylvania, 
of which he was a member; and he answered the objection,^ 
observing, that the power to establish post-offices and post- 
roads cotdd intend no more than the power to direct where 
post-offices should be kept, and on what roads the mails should 
be carried.t 

Henry Clay, who had not a doubt upon his mind as to the 
constitutionality of the act, explained at some length the na- 
ture of the bill, which was merely to designate the fund to be 
set aside for internal improvements, and from time to time, as 
the proceeds of it came in. Congress could at some future day 
examine and decide upon the constitutionality of the question 
as it would arise.| 

The bill, as it passed both Houses of Congress, setting 

aside this fund for internal improvements, which was to be 

invested by the Secretary of the Treasury in United 

JJg^^ States Stock, until called for, was sent to the Pre- 
sident, and by him returned with his objections. 

Madison, who in his seventh and eighth Annual Messages 
had urgently recommended internal improvements to the at- 
tention of Congress, and who was extremely solicitous that 
there should be established in the District of Columbia a 
National University, vetoed the Bonus Bill because ^Hhe 
legislative powers vested in Congress are specified and enu- 
merated in the 8th section of the First Article of the Con- 



♦ Works of Calhoun, toI. ii. p. 186. 

t Emott'8 Debatee, toL W. p. 487. % ^^ 



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OF THB UKITSD 8TATB8. 427 

stitation, — and it does not appear that the power proposed 
to be exercised by the bill is among the enumerated powers, 
or that it falls, by any just interpretation, within the power 
to make laws necessary and proper for carrying into execn- 
tiom those or other powers vested by the Constitution in the 
Government of the United States."* 

On the same day that the bill received the veto of Madison, 
the effort was made to pass it, '^notwithstanding the objec- 
tions of the President." It failed not only to obtain the consti- 
tutional vote of two-thirds, necessary under the circumstances 
to pass it, but fell below a majority of the House by four 
votes.f 

The administration of James Madison had now reached 
its termination. After a long and eventful public career, he 
passed from the highest office in the country to the shades of 
private life, with a reputation for patriotism and every moral 
virtue surpassed by no public man of his day. 

The condition of the country presented a bright picture of 
increasing prosperitv. Our finances were in a most properous 
condition. We had during the year appropriated nineteen 
millions of dollars to reduce the debt incurred to obtain our 
independence ; and advanced four millions more for the same 
purpose, in anticipation of the regular appropriation for 1818. 
The law for levying a direct tax was si^ered to expire by its 
own limitation, with the prospect of a repeal of all internal 
duties at an early period. 

The gallant army that lately snatched victory from the 
brave battalions of England, though reduced in numbers, was 
yet sufficient for every purpose. The illustrious and unri- 
valed navy had reached a degree of power and efficiency to 
sustain the star spangled banner over whatever waters it 
floated or wheresoever it waved. 

Our manufactures were raising their heads and starting 
upon a career of success that would soon invite competition 
with the world. Our commerce had spread its sails to every 
breeze, with an export trade of more than eighty-five millions 
of dollars annually, with a yearly tonnage of one million 
three hundred and sixty-ei^ht thousand. 

The administration of Madison was the most trying to our 
constitutional form of Government that had occurreid since 
its organization; more difficulties beset its pathway than 

* ElUoU'i Debfttes, 70L It. p. 488. f Nile6*i Register, yoL ziL p. 26. 



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428 CONSTITUTIOirAL HISTOBY 

when the Ship of State was first launched on the troubled 
waters. The war which was ultimately so snocessfolly waged 
and so honorably closed, at times threatened the integrity of 
our Union and the safety of our Constitution ; n(^ from the 
force of foreign aggression, for we were inyineible from with- 
out, but from internal broils and domestic feuds ; and if this 
Government is ever destroyed, it will be by the hands of its 
own people; all others combined can never move it from its 
firm foundation* 

The American people will cherish and admire for many 
years the skill, the fortitude, and the eminent judgment dis- 
played by Madison in the management of our Government 
during the war; the calm and considerate policy which re- 
strained the passions of those citizens who opposed the war, 
and the bold and energetic manner in which the enemy were 
met, until victory proudly rested upon our banner. That 
the plan of the different campaigns were always the most 
judicious, is not asserted; for there should have been no 
invasion of Canada; that our army was always placed in the 
most judicious position for defence, is not maintained ; if it 
had been, Washington would not have been the scene (rf 
British barbarity. But none can deny that the war was 
sustained and conducted with great foresight, prudence, and 
wisdom. It was vehemently contended by many able and 
distinguished statesmen, that our Constitution rendered the 
Government unfit for war, and that it would be destroyed if 
a conflict with a foreign nation ensued. Experience soon 
demonstrated that if the people of the United States were 
true and loyal, that the Constitution could accompany and 
defend them through the severest trials of war, unharmed 
and unpolluted. 

The long political career of Madison demonstrated that 
he was a wise, skillful, and judicious statesman; yet his pre- 
sidential career was not free from error. He temporized too 
long with Britain, and retarded for a while the development 
of our country by adhering to the embargo, instead of meet- 
ing the difficulty on the very threshold. It would have been 
better for the country had war ensued during the administra- 
tion of Jefierson ; and the only excuse for Madison is, that 
he too fondly hoped the difficulties could be settled without 
An appeal to arms. 

The charge of inconsistency, which lies at the door of 
nearly every eminent statesman, is likewise visitable upon 



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OF THE UNITED STATES. 429 

Madison; but it can never be said, with truth, that he ever 
deviated from the path of moral rectitude or forsook the 
standard of the loftiest and most exemplary virtue. 

In 1791 he expressly denied the power of Congress to 
establish banks; in 1815 he concedes the constitutionality of 
the bank-bill, though he vetoes it; in 1816 it receives his 
unqualified approval. It appears somewhat inconsistent in 
Madison, in all the erratic cUscussions of the powers of Con- 
fess, that he advocated the strictest construction of ^the 
Constitution ; but when calle4 to act practically, he obeyed 
the most latitudinous doctrines, especially in reference to the 
national bank, a protective tariff, and to some extent, the 
policy of internal improvements by the General Government. 

It is, however, a pleasing duty to be able to say of James 
Madison, as a Congressman, as a cabinet officer, as President 
of the United States, he faithfully sought the interest and 
did much to promote the welfare of his country, and whether 
in the position of honor and trust, or the quiet pursuits of a 
private citizen, honor and virtue were alike the auxiliary of 
a character preserved through life with a purity beyond the 
reach of slander or suspicion, the memory of which is not 
only, loved and cherished by the sons of Virginia, but pre- 
served in the deepest regard by the people of the United 
States. 

Madison wai well educated, and more studious through life 
than a majority of American politicians* and statesmen; his 

folitical, historical, and philosophical reading were extensive, 
n his sixty-seventh year, when he retired from the Presi- 
dency to his country-seat in the County of Orange, he spent 
nearly the remnant of his days in great privacy and retire- 
ment. Wearied by habitual vigilance, and the weighty cares 
of the responsible position he had occupied, the lineaments of 
his face wore a cast of reflection and severity which gave him 
the appearance of more advanced age. The only public sta- 
tion he afterwards occupied, with the exception of being a 
visitor and rector at the University of Virginia, was a mem- 
ber of the convention of 1829, to revise tne constitution of 
Virginia. 

In the intercourse of private life, his warm and generous 
feelings, liberal and elevated sentiments, secured the affec- 
tions of all who knew him. Laborious and indefatigable, 
simple in his manners, in his taste, and in his dress, he may 



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480 CONSTITUTIONAL HISTORY. 

be said to have resembled, in these and other particnlars, the 
sages of antiquity. Full of years and full of honors, he died 
in his eighty-seventh year, on the 28th day of June, 1836. 
Congress adopted resolutions of respect for his memory, and 
many addresses were delivered commemorative of his cnarac- 
ter and public services. 



END OP VOL. I. 



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