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HISTORY

FEDERAL GOVERNMENT,

FIFTY YEARS

MARCH 1789, TO MARCH, 1839.

By ALDEN BRADFORD, LL.4 D.
Editor of Massachusetts State Papers : Author of History of Massachusetts ; of Kemarke
on State Rights ; an early Member of the Mass. Historical Society f and Hon.
Member of Historical Society of New York, Fe\msylvania, and Georgia.

'%e

^he unity of government, which constitutes you one people, is now dear to you. It is
justly 30 : for it is a. main pillar in thg edifice of your real independence, the support of your
tranqoillity at home, of your peace abroad ; of your safety ; of your prosperity ; of that
very liberty which you so highly value." — Washington's Address.
" The State' governments are an essential part"of the federal system- Consolidation is an
eflfect which all good men would deprecate. Too much provision cannot be made against
consolidation. It would subvert the new Constitution. The State governments" are the
safeguards of the federal Cgpstitution : they will protract tl^e period of our liberties. They .
will afford a shelter against the abuse of power ; and will be the natural avengers of our
violated rightsi." — Ames.
^ " By enlarging the basis of our system, and increasing the number of States, the system^
itself has been strengthened. Consolidation and disunion have thenei,l)y been rendered,equally
impracticable. Each government, confiding in its own strength, has less to apprehend from
the other ; and, in consequence, each enjoying a greater freedom of action, is XQndexe^JiBos&
efficient for all the purposes for which it was instituted." — Monroe.

BOSTON :
SAMUEL G. SIMPKINS.
FIRST OF JULY,: '
1840,

7.Hb
Entered according to act of Congress, in the year 1840,
By ALDEN BRADFORD.
In the Clerk's office of the District Court of Massachusetts.

Cop. (

TOEEEY & BLAIR, Printers.

TO
WILLIAM HENRY HARRISON,
OF CINCINNATI, STATE OF OHIO :
Sm : — My limited personal intercourse with you would
not fully justify me, perhaps, in the liberty I assume, by
this public address to you ; and by thus seeking, at least by
implication, your patronage of a work intended for general
circulation in all parts of the United States. And yet it
has been my lot to witness your patriotic and honorable
exertions, in the highest branch of thenatipnal councils, in
favor as well of individuals, whose services, in &e struggle
for liberty and independence, so jastly entitled iJiem to the
resnuneration of the government, as of the welfare, honor,
aad prosperity of the nation. In the measure of a generous
allowance to those worthy veterans, you took a conspicuoius
part, which neither they, nor their childnen, nor the coiuntry,
can ever forget.
I perceive, in this act, your igratitude and sympathy
towards those truly patriotic citizens ; and, in your retire-
mait, afteir a brilliant career in public life, toithe duties and
labors of a private station, your approbation of their ex-
ett;plary conduct, "in la;ying down? in peace, aims taifcen up
in defence of the Tepublic and its liberties."
But my respect and admiration for your cbar-ac^er are

iv DEDICATION.
not confined to the consideration of any single act of your
long life ; devoted, as it has been, from the days of your
youth, to the public service, in various, responsible, trying,
and honorable stations. And although the whole people
are convinced of your bravery and heroism, on all occasions
where the calls of patriotism and humanity were addressed
to you, it is less from a regard for your military talent^ and
services, than for your habitually benevolent and morally
honorable conduct, that the wise and sober portion of your
fellow-citizens, at present, unite in a voluntary tribute of
gratitude and confidence in your political and civic virtues.
You were brave and resolute in war : But what is far
higher praise, in the estimation of every true republican
and every virtuous citizen, you have always manifested a
paramount regard for the Constitution and the laws; and
have preserved a reputation for probity, sustained in sit
uations where you had power to become rich, even without
justly incurring the charge of gross peculation. Nor is
there a solitary instance on record, of the exercise of mere
arbitrary power, in your public conduct, when you had
great discretionary authority, and were accountable only to
your conscience and your God.
Such rare patriotism, and such singular integrity demand
public respect and eulogy. It reminds one of the memorable
days of the Revolution, when Washington and his gallant
army long devoted themselves to the defence of civil liberty,
from purely patriotic motives, and without just and adequate
reward : and of the distinguished band of patriots in the
councils of the country, at that critical period, of whom, it
might be almost literally said, "that they declared for in
dependence, and consulted for its establishment, with halters

DEDICATION. v
about their necks." In later times, such proofs of political
integrity and zeal are rare indeed.
By a life chiefly devoted to the welfare of the republic,
you have given assurance of ability and judgment, and of
upright and disinterested views, fully adequate to the suc
cessful and honorable discharge of the duties of the highest
station, in which the people can place you. And most of
all, your reverence for the Constitution, as a guide for rulers
as well as for the people, is an auspicious guaranty of your
just and faithful exercise of power, to any extent which
may be given you, with a single desire to secure the bles
sings of liberty, and to promote the best interests of the
republic. The world has so often witnessed the abuse of power ih
the hands of rulers, that men of experience have just cause
for apprehension, from the arbitrary conduct of those who
are clothed with great authority over their fellow-citizens.
Julius Csesar, Oliver Cromwell, and Napoleon Buonaparte,
professed to be the friends of liberty and of the common
wealth : but in the moment of their elevation they became
tyrannical ; and, intoxicated with power, they forgot their
just responsibilities, and their duty to the people. So did
not the patriotic and illustrious Washington. And, without
intending to flatter you, I may say with truth, that there is
a general belief that your aim and ambition have always
been to merit the praise of being his disciple and follower
in political hfe. Few men, indeed, whether military com
manders, or civil magistrates, may be justly compared to
that wonderful man ; but it is hoped that some who yet
linger among us, are desirous of imitating his virtues, as
well as of sharing in his fame.

vi DEDICATION.
With a recollection of your various eminent services to
the republic, a persuasion of your sacred regard for the
Constitution, and a conviction of your sincere and ardent
patriotism, I need offer no apology for prefixing your name
to the present work. But I would not make you responsible
for the views I have given, and the sentiments I have ex
pressed, in all respects, as to the past measures of the federally*
government. Wishing to flatter no man, and in some
measure independent of any mere party in the Union, I
hope, that, in the honest expression of my opinions, I shall
share in your candor, if I do not meet your entire sanction
and approbation. With sentiments of great respect
and consideration,
I am. Sir, your
fellow-citizen,
ALDEN BRADFORD.

ADVERTISEMENT.

The object of the present volume is to state the nature
and to record the proceedings .pf the general government,
which was established in 1789^ Half a century has now
elapi^ed, since that great political event occurred, in the his
tory' of the United States : and the rising generation may
not be correctly and fully acquainted with its origin-) with
its design, or with the public measures, early adopted and
pursued; which give to it its legitimate and distinctive
character. In neither of these respects, however, does the
writer pretend to give any new views ; nor does he difier,
he believes, from those already presented by eminent states
men and civilians, who have written on the subject. But
these are to be found only by searching numerous volumes;
and as to a history of the federal government since it was
estabUshed, nothing in a connected form has yet been given
to the public. Such a narrative or view, is here attempted.
But the purpose has been to do this in as concise a form as
was consistent with a faithful and just statement. And it
is believed, that it contains an account of all the important
events which have occurred under the general government ;
so that the leading measures and conduct of each successive
administration may be fairly exhibited, and the nature and
the extent of the powers of that government may be fully
perceived. The work might have been greatly extended, by a more
minute reference to every act and measure of the govern
ment, and to the particular circumstances therewith con
nected. Much might have been added, by way of illustra
tion and comment; and various public documents might
have been incorporated with it. The latter have already
been published to a great extent, and may be found in most
public hbraries in every State. And they will remain as
rich materials to one who may in future undertake a more
elaborate history. All the prominent measures adopted,
however, it is believed, will be found here noticed ; and a
sincere desire has not been wanted to give a correct and
impartial statement.
Little indulgence has been allowed to a disposition for
political speculation ; for the writer did not feel it just to
enlarge in the expression of his own political opinions ; and
yet he trusts he has not purposely concealed them ; nor been

viii ADVERTISEMENT.
deterred, in any case, from praise or censure, as to individ
uals or measures, such as he believed warranted by the
evident consequences to the public.
It is fjelieved that the historian should confine himself, in
a great measure, to a faithful narrative of events, instead
of writing essays on diflerent political theories ; in which,
if there should be no highly improper coloring given, the
writer would at least substitute his own speculations for a
just and impartial relation. A history may be faithfully
written where there is little of the theory of the author :-—
but when it is prepared chiefly for the purpose of vindi
cating a party, it ceases to deserve the name, as it wants the
attribute of impartiality. Many writers, both in politics
and religion, have favored the world with publications,
called history ; and though they record many real facts and
occurrences, they have often been mere apologies for
the sect or party to which the writers belonged, rather than
true histories.
It is certainly ditficult to divest one's self of all biasses and
prejudices of this sort. And therefore there is a strong
reason against theorising at all; or in often intruding our
O'wn views on a party question. A statement of what has
really occurred, and -what specific measures have been
adopted by an individual ruler, or the majority, should be
fairly given. The candid will then judge correctly, from
the circumstances and the results.
The writer of this volume would dare hope, that he has
aimed to avoid these errors. And yet he could not speak
in the same high terms of praise of some of the rulers in
the republic, as of others. He could not confound political
integrity with mere professions of patriotism ; nor an hon
orable policy with successful intrigue. Trained up in the
, school of Washington and that of his sincere* friends and
co-patriots, he early learned to revere their characters, ^nd
to approve their political course ; and in so far as others
have repudiated their policy, or adopted wild theories and
experiments in government, he cannot commend them ; but
he trusts a spirit of candor and impartiality has guided him
in his researches for this volume, and that his statements
are made in conformity to the pubhc documents and records
which still exist. His strongest desire for the continuance
of the liberties of the peop^'and of the welfare of the re
public, reposes in a hope, ardently cherished, that our rulers
may be imbued with the spirit of Washington, and that a
sacred regard may be always manifested for the principles
of the Constitution.
Boston, July 1, 1840.

HISTORY

FEDERAL GOVERNMENT.

CHAPTER I.
Formation of Federal Government. Power of Old Congress, under the Con
federation. Design and Nature of the Federal Constitution. Extent of the
Powers granted to the General Government. The Powers not delegated
remain with the Separate States, which in most cases are still Sovereign.
Address of President 'Washington. Of Mr. Adams, Vice President. Acts
of First Session of Congress. Auspicious Effects of Federal Government.
Power of the President in Appointments to Office. Second Session. Report
of Secretary of Treasury on Finances and Revenue. ' Speech of President,
December, 1789, Proceedings of Congress on the Report of Secretary, and
on Subjects mentioned in Speech. Indian Tribes. Difference proposed be
tween Original and Present Holders of Public Securities. Funding System.
Military Peace Establishment. Slavery. Permanent Seat of Government.
Distinguished Members of First Congress.
The federal Constitution, prepared by a Convention of
delegates, from twelve of the thirteen independent States of
North America, in 1787,* -was adopted by the requisite
majority of those States in 1788 f; and in April, 1789, J the
federal government, provided by that compact, was organ-
* The State of Rhode Island did not send delegates to the Convention.
t Before August, 1788, ten States had adopted the new Constitution, being
one more than the number required by that instrument, to have the government
organized, viz : Delaware, Pennsylvania, New Jersey, in December, 1787 ;
Georgia, and Connecticut, in January, 1788'; Massachusetts, in February,
1788 ; Maryland, in April, 1788 ; South Carolina, in May ; New Hampshire,''
New York, and Virginia, in June ; North Carolina, in November, 1789 ;
Rhode Island, May, 1790 ; Vermont, in January, 1791. — Six States accepted
the Constitution without proposing any amendments, and seven States pro
posing amendments, most of which were aftervirai-ds adopted, and added to
the original Constitution.
4 A quorum was not formed till the flrst of April, though March had been
proposed by the old Congress, when it announced the adoption of tl>e Consti
tution by nine States. ,
2

10 FEDERAL GO'VERNx^fENT. [17S9
ized, and commenced the exercise of high political powers.
This convention was called, not by the people of the States
directly, but by their representatives, or the legislatures of
the States ; but the Constitution, prepared by the Conven
tion, was adopted by delegates chosen by the people in
each State ; and is justly to be considered the act and will
of the majority of the people (in the States respectively) as
declared in the preamble, "We, the people," &c. The
amendments to the federal Constitution, proposed by the
first Congress, in 1789, in conformity to recommendations of
most of the State Conventions which adopted it, were also
sanctioned by the State legislatures, and not by Conventions
specially called for the purpose. And this was agreeable
to the fifth section of the third article of the Constitution,
which points out the mode of amendments : so that it ap
pears Conventions of delegates of the people are not neces
sary in making additions to the original compact ; but it
may be by the legislatures of the States. The amendment,
respecting the election of President and Vice President,- af
terwards adopted, was made in this manner. But the dif
ference is not material between these two modes of adopt
ing amendments ; as in either case, it is the act of the people
by their representatives.
Up to the year 1789, from the time of the declaration of
Independence, in July, 1776, and indeed from the beginning
of 1775, the several States had . assumed and exercised
sovereign authority within their respective territories, al
though a continental Congress had been held from Septem
ber, 1774 : and united council and action had happily pre
vailed during the war of the Revolution. But that Con
gress, composed also of delegates from the several States,
and appointed by the legislatures thereof, did not possess
authority to carry into full effect the measures which they
considered proper and important, vi^ithout the consent of
the State legislatures. It could only devise and recom
mend ; and the decision of the several States -was essential
to consummate the plans and requisitions of the grand coun
cil of the confederacy. The imbecility and defects of such
a political body were often felt and acknowledged, during
the war for Independence, from 1775 to 1783 ; and when
the contest with England was over, the defect was in some
respects. even more apparent and more deplored. By for
eign governments, the thirteen States -were considered
as one nation ; and the welfare and prosperity of the
whole, in a domestic view, rendered it equally neces-
ary — also, that there' should be a supervising and gen- ^

1789]" -WASHINGTON. 11
eral government, as to national objects and purposes. The
debt incurred by the -war was of great amount: and the
credit and honor of the United States required its speedy
payment. And, while the resources of the country were
perceived to be fully adequate to its extinguishment, it was
also evident, that so long as the States should act separate
ly, there could be no just hope of accomplishing this most
important object. Uniformity in measures through all the
' States, relating to foreign commerce and foreign intercourse,
was found to be essential, as well for the reputation of the
country with other nations, as for the present peace and
future prosperity of the United States. Insurrection had al
ready occurred in some of the States ; and it was believed that
the laws and measures of a. single State had less authority
and respect than those which should be adopted by a gen
eral government. In a Avord, there appeared to be no
foundation for internal peace, for national prosperity, or for
political respectability in the estimation of the civilized
world, but in union. The most intelligent citizens, of un
doubted patriotism and political knowledge and experience,
in all the States, declared their conviction of the necessity
of vesting greater power in Congress, as the only effectual
remedy for existing evils, and for the prevention of future
extensive national calamities.
Governor Bowdoin, of Massachusetts, expressed this
opinion in two public addresses to the legislature, in 1785
and 1786 ; and near the close of the year last named, the
General Assembly of Virginia adopted a resolution in favor
of a continental Convention, for such a purpose.*
The great object proposed to be attained, when the Con
vention was called, was uniform and united action of all
the States, " for the general welfare, for common defence,
and for the security of the blessings of liberty ; " and for
delegating sufficient political authority to Congress, to di
rect, control and enforce all measures for the benefit of the
States collectively. And this object was kept in view by
the Convention which prepared the Constitution, and re
commended it to the several States for adoption. It was
provided, that the federal or general government, to be
formed under it,, should have authority to enact and exe
cute all laws of a general nature, and aflfecting the whole
* The first step was a meeting at Annapolis, in Maryland, September, 1786 ;
but only five States were represented in the Convention ; and nothing was
then done, but to recommend a Convention of delegates from all the States to
be held at Philadelphia in the Spring of 1787. — And the Virginia Assembly
soon after proposed the same measure.

12 FEDERAL GOVERNMENT. [1789
country ; but did not give it power to legislate for the States/
on common local subjects, relating to their internal police. J
The Convention was called "for the purpose of revising
the articles of the Confederation, and for reporting to the
several legislatures, such alterations and provisions therein,
as should, when agreed to in Congress and confirmed by
the States, render the federal compact adequate to the ex
igences of government and the preservation of the union."
There were different plans proposed in the Convention,
as a remedy for the evils which existed, or were then ap
prehended. One was to grant full power to Congress, to
regulate commerce, and to raise a revenue from imports to
discharge the public debt ; and to have Congress one body
as it had formerly been. But the majority of the members
early discovered a preference for a complete general gov
ernment. And the great question was, whether it should be
strictly national, or federal. The former system, it was
supposed, would nearly annihilate the State governments,
while the latter would be adequate to the objects in view,
would still reserve to the States a great portion of their;
separate authority, and would be most agreeable to a large
majority of the people. And the frame of Government, final
ly prepared and adopted, was of a federal rather than of a
national government : or, as Mr. Madison has said, " was
partly national and partly federal."
The Constitution of the United States, from which the
federal Government derives its powers, was framed by men
deputed by the legislature or authority of the several States ;
and, though it was submitted to the consideration of the
people of the United States, and adopted by them through
their delegates, its acceptance or ratification depended, not
on the majority of the whole people in the aggregate, but
on the majority of States. And it is evident there might
have been a majority (or two-thirds) of the States in favor
of the Constitution, without there being two-thirds of the
whole people in all the States. The government, therefore,
is a federal, rather than a national government, strictly
speaking. Still, it is a general government ; it iS the gov
ernment of the United States. Nine States constituted the
requisite majority : but if Virginia, Massachusetts, Penn
sylvania, and North Carolina had been opposed to it, by a
large majority in each, there would not have been two-
thirds of the people for it. It was not a majority of the
people, but of the States, then, which ratified the Constitu
tion ; and so the instrument itself provided and required.
The apportionment of the Senate is proof also, that the

1789] WASHINGTON. 13
general government is federal, and not strictly national.
Every State is equally represented in that body, without
regard to its population. But this is utterly irreconcila
ble with the doctrine of those, who say the general gov
ernment is a national one, in which the whole people are
equally represented. Neitlier numbers nor property are
represented in the Senate ; but States. The provision or
principle which operates in the choice of President, when
there has been no choice by the Electors, shows also the
federal character of the government. Each State has a
vote — instead of taking all the votes of the representatives
in the aggregate, as in all cases where the numerical major
ity govern. It may, however, be justly said with Mr.
Madison, that the government of the United States is partly
federal and partly national. And yet the federal features
prevail, and give the true character of the compact.*
The federal government was designed to be, and by a
proper and natural construction of the Constitution, is, one
of limited powers. Its jurisdiction or authority relate to cer
tain specific objects, which are expressly enumerated. They
are high and extensive powers ; and with every intelligent
man must be supposed to include the right to carry the
specified powers into full effect. Any other construction
would involve an absurdity. And yet the exercise of poww'
ers not expressly given, or clearly implied, would evidently/
be an unwarranted usurpation. In the exercise of powers!
fully given, Congress, or the federal government, is sovereign
and uncontrollable by the States ; much more so by a sin
gle State. But further and beyond such delegated power,
it has not legitimate authority. All else remain with the
States respectively, or with the people thereof The man-
* The Convention consisted of iifty members. Fifteen more were chosen, but
did not attend. And several who attended did not put their names to the
Constitution, as they disapproved of some parts of it : but after it was adopted,
they generally gave it their decided support. Some members, who attended
the Convention a great part of its session, and who approved of the Constitu
tion, were absent, when the -vote passed for its adoption. The members of
the Convention were not in proportionate numbers to the population of the
respective States : Delaware had five, Pennsylvania eight. New Jersey five,
Massachusetts only four, Virginia seven. New York three, Connecticut three,
Maryland five. South Carolina four. North Carolina four. New Hampshire two,
Georgia two. The difiiculty was at once perceived- of framing a general gov
ernment, so as to avoid collision with State authority, and to be free from the
charge of being imperium, in imperio. And it was designed to guard against
this difficulty and this imputation by stating to what subjects the power of the
federal government should extend. In these- cases, its authority is exclusive
and paramount ; and in all other cases, it is by implication, without just author
ity or jurisdiction.

14 FEDERAL GOVERl^MENT. [1789
ner in which, and the State governments by which the fed
eral Constitution was formed, clearly implies this : and in
the first section of the first article, it declares, that the pow
ers to be vested in and exercised by the general government
were granted by the several States.
Such was the design and such the only reasonable con
struction of the federal compact. The powers of the gen
eral government were conferred on it by the States. It is
the agent of the States for general purposes, and may justly
act only on subjects on which its constituents have author
ized it to act. For the original States were not creatures of
the federal government ; but the federal government is the
creature, the agent of the several sovereign States. In the
convention for forming the Constitution, Mr. King, a dele
gate from Massachusetts, (afterwards of New York,) is re
ported to have said — " it was of the nature of a commission,
given by the several States, for performing acts of a general
nature, which no one State was, separately, competent to
do." No one State may justly oppose the authority of Con
gress, unless it should make a law for such a State only,
and that manifestly an arbitrary, oppressive, and unjust
law : nor may Congress justly interfere with the laws of a
State, unless such laws are clearly repugnant to the au
thority of Congress, conferred on it by the Constitution ; or
unless a State assumes to exercise authority prohibited to
it by the federal compact.
To say, " that the federal government has as much right
to control the acts and measures of a State, as a State has
to control those of a town or county," is entirely incorrect
and unsound. A State creates or forms a county or dis
trict within its territory ; and such district or county is still
a part of the State, and to be governed by the majority of
the State in all cases whatever. But the federal govern
ment did not create or form the original States ; and has
no just authority over them, only in so far as is expressly
granted by the States. In forming new States, it may be
somewhat different ; as certain conditions may be justly
required by Congress on their admission into the Union •
yet not interfering with their powers, as independent gov
ernments after their admission, except in cases of a general
nature, as specified in the federal Constitution.
Thus the federal compact was designed for the consoli
dation of the Union, though not strictly speaking for the
consolidation of the States ; the federal government over
the whole for general or national purposes being sovereign

1789]

WASHINGTON.

in its defined sphere ; and thc several States sovereign in
their internal concerns, where "not expressly restrained by
the federal Constitution, which they have approved and
adopted. The former Congress, under the confederation, consisted
of one body, or assembly, for devising and recommending
measures of a general nature ; and the members were ap-
¦ pointed by the general assemblies, or representatives in the
several States, and not directly by the whole people. Un
der the new Constitution, Congress* is a separate and com
plete government, composed of a House of Representatives,
a Senate, and an executive officer, with the title of "Pres
ident of the United States."
It was not until the thirtieth of April,"^ that the federal
government was fully organized ; as on that day President
Washington was inducted into office as the chief magistrate
of the Union. ®n this very interesting occasion, he deliv
ered an address to the Senate and House of Representatives
of the United States, who had assembled some weeks pre
viously, and had been occupied in forming their respective
bodies, in the order, and with the rules necessary for the
proper discharge of their legislative duties. It is difficult
to do full justice to the merits of this speech, by any verbal
representation of it ; and an extract is here given, as charac
teristic of the mind of this very distinguished personage,
" Among the vicissitudes incident to life, no event could
have filled me with greater anxieties than that, of which
the notification was transmitted by your order, and re
ceived on the fourteenth of the present month (April). On
the one hand, I was summoned by my country, whose
voice I never hear but with veneration and love, from a
retreat which 1 had chosen, with the fondest predilection,
and, in my flattering hopes, with an immutable decision,
as the asylum of my declining years — a retreat rendered
<every day more necessary, as well as more dear to me, by
the addition of habit to inclination, and of frequent inter
ruptions in my health, to the gradual waste committed on
it by time. On the other hand, the magnitude and diffi
culty of the trust, to which the voice of my country has
called me, being sufficient to awaken, in the wisest and
most experienced of her citizens, a distrustful scrutiny into
his qualifications, could not but overwhelm with despond
ence one, who, inheriting inferior endowments from nature,
* In the language of the Constitution, the term Congress is frequently used
to signify'the federal Government in all its branches united.

16 FEDERAL GOVERNMENT. [1789
and unpractised in the duties of civil administration, ought
to be pecuharly conscious of his own deficiences. In this
conflict of emotions, all I dare aver is, that it has been my
faithful study to collect my duty from a just appreciation
of every circumstance by which it may be affected. All I
dare hope is, that, if in accepting, I have been too much
swayed by a grateful remembrance of former, or by an af
fectionate sensibility to this transceiidant proof of the con
fidence of my fellow-citizens; and have, thence, too little
consulted my incapacity, as well as disinclination, for the
weighty and untried cares before me, my error will be pal
liated by the motives which misled me ; and its conse
quences be judged by my country, with some share of the
partiality in which they originated.
"Such being the impressions, under which I have, in
obedience to the public summons, repaired to the present
station, it would be peculiarly improper to ftmit, in this first
official act, my fervent supplications to the Almighty Being,
who rules over the universe, who presides in the councils
of nations, and whose providential aid can supply every
human defect, that his benediction may consecrate to the
liberties and happiness of the people of the United States,
a government instituted by themselves, for these essential
purposes ; and may enable every instrument employed in
its administration, to execute, with success, the functions
alloted to his charge.
"In tendering this homage to the great Author of every
public and private good, I assure myself that it expresses
your sentiments not less than my own ; nor those of my
fellow-citizens at large less than either. No people can be
bound to acknowledge and adore the invisible hand which
conducts the affairs of men, more than the people of the
United States. Every step by which they have advanced
to the character of an independent nation, seems to have
been distinguished by some token of providential agency.*
And in the important revolution just accomplished in the
system of their united government, the tranquil delibera
tion and voluntary consent of so many distinct communi
ties, from which the event has resulted, cannot be compared
with the means by which most governments have been es
tablished, -without some return of pious gratitude, with an
humble anticipation of the future blessings which the past
seems to presage.
" These reflections, arising out of the present crisis, have
been forced too strongly on my mind to be suppressed.
You will join -with me, I trust, in thinking there are none.

17891 WASHINGTON. 17 n
under the influence of which the proceedings of a new go'<l'-f
ernment can more auspiciously commence.
" Having thus imparted to you my sentiments, as they,
have been awakened by the occasion which Ijrings us to
gether, I shall take my present leave, but not without
reverting, once more, to the benign Parent of the human
race, in humble supplication, that, since he has been
pleased to favor the American people with opportunities for
deliberating, in perfect tranquility, and dispositions for de
ciding, with unparalleled unanimity, on a form of govern
ment, for the security of their Union, and the advancement
of their happiness ; so his divine blessing may be equally
conspicuous in the enlarged views, the temperate consulta
tions, and the wise measures, on which the success of this
government must depend."
In public men of less sincerity and purity bf mind than
Washington, this repeated reference to an overruling Prov
idence, and the need of Divine direction for the happy issue
of human exertions, might appear ostentatious, or as in
tended to court the favor of the common people ; but in
him there can be no doubt, that these sentiments were
deeply impressed on his own heart. There are many in
stances recorded, illustrative of his deep and habitual sense
of dependence on the Supreme Being, notwithstanding the
absence of all parade and publicity in his religious charac
ter. And he seems to have been equally sincere in his be
lief, that Divine Providence extends to the affairs of nations
and societies — views and sentiments not often found in
military characters. But though a brave and accomplished
soldier, it is most evident, from his general character, that
he was averse to war, except in defence of justice and the
rights of man.
Hon. John Adams was inducted into the ofiice of Vice
President of the United States, and ex officio President of
the Senate, on the twenty-fourth of April : when he ad
dressed the Senate as follows :
"Gentlemen of ihe Senate, — Invited to this respectable
situation by the suffrages of our fellow-citizens, according
to the Constitution, I have thought it my duty cheerfully
and readily to accept it. Unaccustomed to refuse any
public service, however dangerous to my reputation, or
disproportionate to my talents, it would have been incon
sistent to have adopted another maxim of conduct, at this
time,- when the prosperity of the country and the liberties
of the people require, perhaps, as much as ever, the atten-
3

18 FEDERAL GOVERNMENT, [1789
'tion of those who possess any share of the public con
fidence. " I should be destitute of sensibility, if, upon my arrival
in this city, and presentation to this legislature, and
especially to the Senate, I could see, without emotion, so
many of those characters, of whose virtuous exertions I
have so often been a witness ; from whose countenance and
example I have derived encouragement and animation;
whose disinterested friendship has supported me, in many
intricate conjunctures of public affairs, at home and abroad
— those celebrated defenders of the liberties of our country ;
whom menaces could not intimidate, corruption seduce,
nor flattery allure ; those intrepid asserters of the rights of
mankind, whose philosophy and policy have enlightened
the world, in twenty years, more than it was ever before
enlightened in as many centuries, by ancient schools or
modern universities.
" I must have been inattentive to the course of events, if
I were either ignorant of the same, or insensible to the
merits of those other characters in the Senate, to whom it
has been my misfortune to have been hitherto personally
unknown. "It is with great satisfaction, that I congratulate the
people of America on the formation of a national Constitu
tion, and the fair prospect of a consistent administration of
laws ; on the acquisition of a House of Representatives
chosen by themselves ; of a Senate, also, composed by their
own legislatures ; and on the prospect of an executive au
thority, in the hands of one, whose portrait I shall not at
tempt to draw. Were I blessed with powers to do justice
to his character, it would be impossible to increase the con
fidence or affection of his country, or make the smallest
addition to his glory. This can only be effected, by a dis
charge of the present exalted trust, on the same principles,
with the same abilities and virtues, which have uniformly
appeared in all his former conduct, public or private.
May I, nevertheless, be indulged to inquire, if we look over
the catalogue of the first magistrates of nations ; whether
they have been denominated presidents, or consuls, kings
or princes ; where shall we find one, whose overruling good
fortune has so completely united all hearts and all voices
in his favor ; who enjoyed the esteem and admiration of
foreign nations and his feUow citizens with equal unanimity'?
Qualities so uncoffi,mon, are no common blessing to the
country that possesses them. By those great qualities and

1789] WASHINGTON. 19
their benign effects, has Providence marked out the head
of this nation, with a hand so distinctly visible, as to have
been seen by all men, and mistaken by none.
" It is not for me to interrupt your deliberations by any
general observations on the state of the nation, or by
recommending or proposing any particular measures. It
would be superfluous to gentlemen of your great experi
ence, to urge the necessity of order. It is only necessary
to make an apology for myself Not wholly without ex
perience in public assemblies, I have been more accustomed
to take a share in their debates, than to pteside in their de-
deliberations. A trust of the greatest magnitude is com
mitted to this legislature ; and the eyes of the world are
upon you. Your country expects, from the results of your
deliberations — in concurrence with the other branches of
government, consideration abroad, and contentment at
home — prosperity, order, justice, peace, and liberty. And
may the providence of Almighty God assist you to answer
their just expectations."
Mr. Adams was a member of the first Continental Con
gress, from Massachusetts, in 1774 ; and continued a mem
ber till the year 1778, when he was appointed to France.
He afterwards went to Holland, to obtain a loan for the
United States. And in 1783, when peace was made with
England, he received the appointment of Envoy Extraor
dinary to the British court. His character for talents,
learning, and patriotism, was as highly distinguished as
that of any citizen in the United States. And under the
auspices of Washington and Adams, the great majority of
the people had full confidence that their rights and liberties
were secure, and that the wisest measures would be adopt
ed for the welfare and prosperity of the country. The
members of the Senate and House of Representatives were
also men of great political experience, and of tried patriot
ism ; and many of them had taken an active part in favor
of freedom and independence, and in concerting measures
for the safety of the country, in the war of the Revolution.
The first Congress, under the federal Constitution, was
held in the city of New York, and continued in session six
months. The House of Representatives consisted of fifty-
nine members,* and the Senate of twenty-two.^- The sub-
* Rhode Island and North Carolina had not then adopted the Constitution,
and had no representatives in the first Congress. The members present were
«sually fifty-two or three.
t Eleven States were represented in the Senate at this timie. From New

20 FEDERAL GOVERNMENT. [1789
ject of Commerce and of Finance received their early and
prompt attention. To regulate these for the credit and ben
efit of the country, -was indeed the great object of their
meeting, and the leading design in the formation of the
general government. The acts for these purposes, and
some others, passed at the first session of Congress, gaye
an entirely new aspect to the financial and commercial
character of the United States. A system was adopted for
raising a revenue from duties on imported articles, for the
purpose of paying the public debt, gradually ; and the in
terest annuahy in future. The securities holden by the
creditors of the United States, rapidly rose in value ; and
confidence both in the ability and intention of Congress to
do justice, was fully restored. The public debt was, in
deed, very great; but it was also perceived, that, with
wisdom and decision in the grand council of the nation,
its resources were amply sufficient for the payment in a
few years, besides the necessary expenditures for the sup
port of government.
All the members of Congress were in favor of this meas
ure for raising a revenue ; but, as to the details of the bill
and the difference in the duties on different articles, there
were various opinions. The principles which governed in
the final adjustment of the duties on imported goods, were
to impose the highest per centum on articles not considered
necessary, and which were deemed to be luxuries ; and to
fix the amount less on goods qnd products of ordinary con
sumption among all classes of people :* a regard was also
had to such articles as were then or might be, manufac
tured in the United States ; and thus a higher duty was
ordered, with a view to encourage the enterprize and in
dustry of American citizens. This principle was early
recognized, and General Washington particularly recom-
Hampshire, Langdon and Wingate — Massachusetts, Strong and Dalton — Con
necticut, Ellsworth and Johnson — New York, Schuyler and King — New Jersey,
Elmer and. Patterson— Permsylvania, Morris and Maclay — Delaware, Read
and Bassett — Maryland, Carrol and M'Henry — Virginia, Grayson and Lee —
South Carolina, Izard and Butler — Georgia, Few and Gunn. At the
second Session, January, 1790, Williamson and Hawkins of North Carohna,
attended. * The duty first proposed on molasses was six cents per gallon ; but in the
bill as passed, it was only two and a half — On Bohea tea, the duty was six
cents, and ou Hyson, twenty ; on loaf sugar, three cents, and on brown su
gar, one cent. On wines : Maderia, eighteen cents — other kinds, ten cents.
On distilled spirits, Jamaica, proof, ten cents ; on other spirits, eight cents.
And when imported in foreign vessels — ^Hyson tea, twenty-six cents ; and
Bohea, eight cents.

1789] WASHINGTON. 21
mended it to Congress in his second public speech, — Jan
uary, 1790. But the discrimination was not so great, be
tween these goods or articles imported, and others which did
not conflict with the growth of our own manufactures, as •.
was adopted thirty-five years later, when this policy of en
couragement and protection was pushed so far as to meet
with warm opposition from some parts of the United States,
on account of its efl'ects — which were more favorable to
certain sections than to others — according to their respec
tive interests in manufactories ; and at one time even to ^
threaten the integrity of the Union.*
The continental debt, at the close of the war, was forty-
two million dollars ; but, in 1789, as the interest had been
accumulating for six years, and the demands of the several
States on Congress, the general government, were estimated
at twenty-five millions. The whole public debt, to be pro
vided for by the federal government, amounted to about
ninety-four millions. The receipts into the public treasury
arising from the duties on imported articles, and on tonnage,
accordmg to the system adopted at this first session of Con
gress, were estimated at one million and a half of dollars ;
but it was soon found that they would far exceed that
sum.f An estimate of expenditures for the year was also
made by the House of Representatives at this time, as the
secretary of the treasury had not then entered on the duties
of his ofiice ; and the sum for the civil list was $208,000 ;
and for the war department, $137,000. J
An act for collecting the duties on imported goods was
also passed at this session of Congress ; the act was of great
length, and employed much time in its preparation, and in
its discussion, before it was adopted. And the bill laying
a tonnage duty, occupied the attention of Congress during
several days; and a discrimination was made between
vessels built in the United States, and in foreign countries,
as well as those owned and navigated by Americans, and
citizens or subjects of foreign governments.
These acts of the federal government went into opera-
* At this early period, a difference of opinion was fully manifested in Con
gress, as to the measure of encouragement to manufactures, when the impost
bill was under discussion — while little or no favor was shown for agricultural
products. The latter was suggested and urged by members from the
Southern States, but the members from the Eastern States contended for the
former policy.
t Others estimated the income from imports at 2,500,000, and the expense*
for the whole civil list at 350,000.
i This included Indian supplies, &c.

22 FEDERAL GOVERNMENT. [1789
tion the first of August ; and in one month the impost du
ties in Philadelphia amounted to 65,000 dollars; and in
New York to 40,000. And, in these two ports, probably,
accrued nearly half the amount received in all parts of the
United States, at that period. The Customs in Boston,
Charleston, and Baltimore, yielded the next highest amount.*
The Slates of North Carolina and Rhode Island had not
then accepted the Constitution, and were therefore liable
to the increased duties required of foreign nations ; but, on
apphcation from those States, the discrimination was sus
pended, in the belief, probably, that they would soon adopt
the federal compact, and become members of the Union, on
an equal footing with the other States. f
The law of Congress, regulating the federal Judiciary,
was first proposed and discussed in the Senate, and was
not passed till after the most mature deliberation. The
great questions on this subject were, — of how many jus
tices the highest court should consist ; into how many dis
tricts the United States should be divided ; and what were
their proper duties and powers under the federal Consti
tution. That instrument had but briefly stated the powers
of the federal Judiciary, and in very general terms. And
it was a difficult and intricate subject to define and point
out the authority of that high tribunal, so as not to inter
fere with the jurisdiction of the State courts, on the one
hand, and not to decline or forbear judicial decisions, which
by implication of the Constitution belonged to it, for the
welfare of the Union, on the other.J The law provided
for a Supreme Court, to consist of a Chief Justice, and five
Associate Justices ; i^) and for a District Court, of inferior
jurisdiction, in each ; and one for Maine and Kentucky •
the former being then a part of Massachusetts, and the lat
ter of Virginia. The tenure of office, for the Judges of the
Supreme and other federal courts, was settled by the Con
stitution, and was during good behavior; and therefore
* Most of the Collectors of the Customs, first appointed, were those who
¦'had distinguished themselves in the war of the Revolution.
t North Carolina adopted the Constitution, November, 1789^ and Rliode
Island, in 1790.
t John Jay, of New York, was appointed Chief Justice ; and John Rut-
Jedge, of South Carolina, James Wilson, of Pennsylvania, William Cnshing
of Massachusetts, Robert H. Harrison, of Maryland, and John Blair of Vir-
jginia, Associate Justices.
§ Caleb Strong, of Massachusetts, was Chairman of the Committee of the
Senate on this subject ; and was extremely anxious to prepare a bill as perfect
;as possible. .A letter of his, relating to this bill, at the time, is before me.

1789] WASHINGTON. 23
the legislature expressed np opinion, as to that point in
law, respecting the Judiciary. But in the law providing
for the appointment of officers* to be at the head of each
executive department of the government, under the Presi
dent,- a very grave question arose, relating to the tenure of
their ofiice. There was a long discussion on the subject,
which called forth the abilities of the most eminent states
men and speakers in the House of Representatives. It was
(iontended, by those who apprehended too much power in
the President, that these, and all other officers of the gov
ernment, in whose appointment the consent of the Senate
was necessary, should not be removed without the appro
bation of that body. The Constitution was silent on this
point ; and it was argued, that, as that instrument should
be construed rigidly, it would be improper to give the Pres
ident such a power, or to acquiesce in his exercise of it;.
And it was also urged, that it might be liable to great abuse,
and serve to render the Chief Magistrate arbitrary, and, in
some measure, absolute. On the other hand, it was ob
served and insisted, that this condition, of requiring the
consent of the Senate, in removals of executive officers im
mediately under him, and for whose conduct he was, in a
great measure, responsible, would be an improper restraint
on the Chief Magistrate, would be an encroachment on his
just and necessary authority, and would often operate to
the injury of the public. The nature of the case, it was
argued, required that the President should have power to
remove an unfaithful or incompetent or inefficient officer,
without consulting the Senate who would often be absent
from the Seat of Government for half the year, and who-
could not possibly be acquainted with the ability of the in
cumbent, or the circumstances of the case, to form an ac
curate and just opinion.
Very plausible and ingenious speeches were made in op
position to granting, or recognizing in. the Presidentj^ such
great authority ; but it was fully shown, at the same time,
that the President would be paralized in his desire to ex
ercise power for the public welfare, if rendered necessary to
remove unfaithful and negligent officers, who were appoint
ed merely to execute his will and his orders. And the bill
was finally passed by the House of Representatives, with
out denying the power of the President, by a vote of thirty-
three to twenty.
This decision had particular reference to the Secretary
of State, or for foreign affairs — the question arose, when
the bill for the appointment of suclian officer, to assist the

24 FEDERAL GOVERNMENT. [1789
President, was under consideration. The arguments which
prevailed in that case, however, would apply with equal
force, as some contended, to the heads of all the executive
departments, to collectors of the customs, and to marshals,
&c. But even in such cases, it would appear proper the;
President should have the power of removal without the^
assent of the Senate. That he should possess the power,
as to the high confidential ofiicers about him, and concern-f
ed in administering the government, there cannot be a rea-:
sonable doubt. And here, the reason is apparent in favor
of such a power, when only political subjects and measures
of moment are concerned ; for executive officers under the
chief magistrate are but his agents, and entirely under his
direction and control. But when this power is exercised,
in the removal of subordinate executive officers, merely for
party politics, it is extremely doubtful whether it be agree
able to the spirit of the Constitution, or for the welfare of
the people, or the preservation of liberty. And whenever
such power is displayed, in wantonness or caprice, or for
i party purposes, the chief magistrate and his advisers may
' expect to be visited with an expression of the honest indig
nation of a virtuous people.
At the first session of Congress, a proposition was offered,
for fixing on a place, as a permanent seat of the federal
government, and for the future meetings of the legislature
of the Union. Several places were proposed, as Trenton
in New Jersey, Philadelphia, Germantown, the east bank
of the Susquehanna river, also the west side in Maryland,
Wilmington in the State of Delaware, and the eastern bank
of the Potomac. The subject excited much interest, and
was discussed several days, though other business of far
greater immediate importance was. before Congress. The
plan included a territory of ten miles square, to be under
the jurisdiction of Congress, whenever it might be decided
to -er^ct buildings for the convenience of Congress and the
¦officers of the general government. But no decision was
had on the subject at the first session : the Senate voted
to postpone it.
Some time was also occupied in preparing and discussing
the bill for compensation to the President and Vice Presi
dent, members of the Senate and House of Representatives
the heads of departments, collectors, controllers, auditors
and other officers under the Secretary of the Treasury, <fcc.
The members, generally, from the eastern States, were op
posed to high salaries, or large compensation. In these
States public officers received moderate salaries, the people

1789] WASHINGTON. 25
were economical, and would probably coruplain if the com
pensation was much greater than had been allowed to their
State rulers and judges. The southern members were in
the habit of a more expensive mode of living ; and they
contended, that now, in time of peace, and patriotism not
requiring personal sacrifices, and the public service inter
fering almost wholly with other lucrative employment, it
was proper to aUow a decent support. The Senate also in
sisted that their pay should be more than that of the Rep
resentatives. But the proposed discrimination was not
adopted by the House. The salary of the President was
fixed at twenty-five thousand dollars per annum, and so re
mains to the present period. The Vice President's was five
thousand dollars per annum, and still continues the same.
The salaries of the Judges and of the heads of departments
have been increased since first voted, in 1789, about thirty-
three per cent. The compensation for Senators and Rep
resentatives was fixed at six dollars per diem ; and after
wards, in 1818, was raised to eight dollars ; and this sum
they still receive for their daily pay. ¦
The form of an oath was prescribed by law, early in this
session of Congress, to be taken by all the federal officers-,
and by members of the legislature of the Union, in which
they were to swear or affirm solemnly to support the Consti
tution of the United States : But no religious test was im
posed ; nor did the Constitution require it ; and one of the
amendments to that instrument expressly provided that /
Congress should make no law respecting an establishment
of religion, or prohibiting the free exercise thereof. This ¦
important subject belongs solely to the power and wilt of
the majority in the respective States, and they have wisely
declined, of late, to interfere in so delicate and difficult a
subject. In several States, however, there are laws against
blasphemy, and rendering those liable to punishment who
endeavor,' by public acts, to cast contempt on the Christian
religion, or by publications of a libellous character on the
common faith and worship of the people.*
* At this session of Congress, by request of the two Houses of the federal
Legislature, the President recommended a day for pubjic religious service and
thEmksgiving. The motion for this request was made by Elias Bowdoin, of
New Jersey. When John Adams was President he issued a proclamation for
a Fast throughout the Union. . And all religious persons approved it, and ob
served the day in a religious maimer. But many truly .pidus Christian people
were of opinion thati such days should be proposed only by the several States,
within their own jurisdiction. 4

26 FEDERAL GOVERNMENT. [1789
A proposition was made to Congress, at this time, and a
committee accordingly appointed, to consider the propriety
of establishing a permanent system of bankruptcy through
out the United States. The importance of such a system
was suggested and urged by several members, but the com
mittee made no report, and prepared no bill for the purpose,
during the first session of Congress.
A law was passed establishing a Post Office Department ;
and it was provided that the mail should be carried from
Portland, in Maine, to Savannah, in Georgia, a distance of
fifteen hundred miles. It was soon after extended one hun
dred and fifty miles farther eastward, in Maine ; and dif
ferent branches or routes were also provided for conveying
the mail in various parts of the country.
The territory in the west and north west part of the
United States was put under a Governor and other neces
sary officers, who were appointed by the President and
Senate , for the maintenance of peace and good order in
that section of the national domain, where the people from
the old States cease making extensive settlements. This
was the more necessary, as several tribes of the native
Indians were living on the territory. Provision was also
made, at this time, for having troops in that part of the
country, as had been already done by the old Congress,
for the protection of the frontier settlers. The territory
was very extensive, and included all that part of the United '
States which lies west of Pennsylvania and west and north
-west of Virginia. A land office was ordered to be estab
lished in the territory, for the survey and sale of the public
lands. The territory, though then under one government,
included.Ohio, Indiana, Illinois, Michigan, Wisconsin, and
Iowa. A subject of very great consideration, which engaged the
attention of the first Congress, was that of additional arti
cles, as amendments to the federal Constitution. A ma
jority of the States, which adopted the national compact
proposed certain articles to be added to it, as has been al
ready observed. These indeed were not made a condition
ot their assent to and support of the Constitution • but thev
were an expression of their opinion in favor of these or
similar articles. The most of these went to limit or rather
more clearly to define the powers granted to the federal or
general government. The powers delegated to Congress
were for general or national purposes; and were enumer
ated in the Constitution : But there was also a clause added
to this specification, granting authority to make all laws ne-

1789] WASHINGTON. 27
cessary and proper for carrying into execution the several
powers particularly mentioned, and all other powers vested
in the government of the U. States, by the Constitution. — •
This clause was proper and necessary ; but those who
were opposed to granting large powers to Congress, and
were jealous of State rights; and aware, probably, that
men in power, are inclined to extend their authority and to
claim more than was meant to be delegated. — All such
were desirous of limiting the powers of the federal govern
ment to the specific purposes expressed in the Constitution : '
And to reserve to the several States all the political author
ity not expressly granted. '';
In most 'of the State Constitutions, there was a bill of
rights, which was designed to limit, in some measure, the
power even of those governments or legislatures. To the
federal constitution, there was no such declaration of rights,
either of the people or of the State governments ; and, from'
the nature of the federal government, being designed by the
several States for specific purposes, many concluded that a
bill of rights was unnecessary, as whatever powers were
not clearly granted to Congress, remained with the respec
tive State.^overnments. But a majority of the people were
not satisfied with this reasoning; and additional articles:
were therefore proposed by Conventions in most of the
States, when they adopted the Constitution.
The subject was justly deemed of great importance by
Congress, and early received their close attention and con
sideration. Mr. Madison, of Virginia, first called the atten
tion of Congress to the subject : and proposed various
amendments, all tending to limit or define the powers of the
federal government. In the course of discussion on these
articles, various alterations were proposed, and many days
were occupied in the consideration of them, both by the
House of Representatives and the Senate. Sixteen articles
were finally approved by the requisite majority of Con
gress,* and recommended to the several States to be adopted,
either by the legislatures thereof, or by Conventions called
expressly for the purpose, and chosen immediately by the
people, as were the Conventions for adopting the original
Constitution, in 1787 and 1788.
In most of the States, the proposed amendments were
considered and adopted by the legislatures ; but in a few
cases. Conventions were called for the purpose. Ten of
the articles proposed and recommended by Congress— Sep-
? The Constitution required two thirds of both Houses.

28 FEDERAL GOVERNMENT. [1789
tember, 1789— were approved by two-thirds of the States ;
and thus became parts of the federal Constitution, of equal
authority and validity as the original instrument, i wo
other articles were added at a later period, being approved
by two-thirds of the States in the Union. The great ob
ject of these amendments of the Constitution was to secure
the rights of individuals, on charge or suspicion of crimes
committed against the United States, by treasonable acts,
or violations of the laws of Congress ; and to preserve to >
the respective State governments all the authority and ^
power not clearly vested in the general government by the •
federal compact.*
These additional articles of the Constitution were highly
important ; as they served to define the powers of the fed
eral government, and to prevent its encroachment on the
rights of the States. Besides, the Constitution, adopted by
the people of the several States, is the rule for the federal
legislature, the source of their political power, and to the
provisions of which they are obliged to conform. It is the
supreme law of the land, and therefore paramount even
to the power of the national legislature itself If it were
not so, our republican government Avould have no more
stability than those which have existed, for short periods, ,
in other countries. But for the check thus provided, the k
general government might have usurped powers, not in- j»
tended to be granted, and injurious to the proper authority
of the several States, by claiming a paramount or super-;
vising authority over them in alj cases. And thus have
formed a national or consolidated government, which,
neither the framers of the Constitution, nor the States which
assented to it, intended ; though they did intend a consoli
dation of the Union.
After an adjournment of three months, the Congress
again met, on the first of January, 1790 ; and early in this
session, a report was made by the Secretary of the Treas
ury, in conformity to an order of the House of Representa
tives before the adjournment. This report related to the
financial concerns of the United States, its resources, and
the means for supporting the public credit, and gradually
paying the public debt ; to the probable receipts and ex
penditures of the year then commenced, and also for future
* Amendments proposed by some States, but deemed of minor importance,
were not recommended by Congress ; for they were numerous, and probably
would have been rejected by most of the legislatures. The New York Con
vention had proposed to limit the term of the presidential service to four
years. A proposition often since made, in and out of Congress.

1790] WASHINGTON. 29
years ; and to the policy of fostering domestic manufac
tures. In the public opinion, it discovered uncommon
ability and research, extensive knowledge of the financial
policy and la-ws of European nations, and of the future
prosperity of the United States, which might jusdy be an
ticipated, under a wise and provident adininistration.
In this report from the Secretary of the Treasury, the
public debt was stated to be but seventy millions of dollars ;
a less sum than was supposed by a committee of Congress
at the first session : and the proceeds from imposts and
tonnage, $2,170,000. It was proposed to raise a revenue
also from an inlaild excise, which it was estimated would
yield more than a million and a half A plan was pre
sented for a new tariff of duties on imported goods, to be
fixed at a higher rate ; and it intimated that the foreign
debt would admit of a less interest than had been pre
viously allowed. A loan of twelve millions was also re
commended, to meet the immediate demands on the United
States, as necessary to sustain the public credk. It was
further proposed in the report, that the public debt should
be funded, and the debts of the several States, incurred for
the general defence, in the time of the Revolution, should
be assumed by the United States.
In the speech of the President to Congress, at the begin
ning of the second session, he referred to several subjects of
a public nature, which he deemed worthy of particular
consideration at that time, as the Constitution had made it
his duty. After noticing the state of general prosperity,
and the approbation expressed by the people, of the meas
ures adopted at the former session of the federal legislature,.
for the relief and benefit of the country, it was necessary,
he said, to provide for the common" defence. " To be, pre
pared for war, was one of the most effectual means to pre
vent it." He recommended, that provision be made by
law for arming and disciplining the militia, as the Consti
tution authorized ; and that particular attention be given
to manufactures ; especially such as would render us inde-/
pendent, for military and other essential supplies, of foreigUj
nations. He observed that pacific measures would be
adopted towards the native Indians,* within the limits of
* Under th? administration of Washington, the policy of the federal gov
ernment was just and proper. He knew their peculiar character ; and while
he sought to cultivate peace with them, and to treat them according to the
prmciples of equity and justice, he considered it necessary to provide agamst.
their depredations by a military force on the western frontier. He therefore
early endeavored to secure their friendship by treaties. But when the Indians

30 FEDERAL GOVERNMENT. [1790
the United States ; but that it Avould be necessary imme
diately to provide means of protection to the inhabitants in
their vicinity; and that provision should be made for
maintaining a diplomatic intercourse with foreign nations,
for the honor and peace of the United States. He also
suggested the importance of a uniform rule of naturaliza
tion ; and of uniformity in the currency, and of weights and
measures, through the United States. The facility of inter
course between distant parts of the country, by means
of Post Offices, and Post Roads, and the encouragement
of useful inventions and of science, were likewise urged
upon the attention of Congress.* The answer to the speech
of the President, both of the Senate, and of the House of
Representatives, expressed sentiments of entire approbation
of his official acts, and of the plans and objects of a po
litical nature, which he recommended. And the subjects
suggested in the address, received the immediate attention
of the national legislature, and were referred to committees
for consideration. The report of the Secretary was also
referred to committees, and a strong desire manifested to
consider his suggestions for modifying the revenue law,
which was passed at the first session ; and for rendering
it more productive and more equable in its operation.
A report was early made respecting the Indian tribes in
the United States ; and on this occasion the House of Rep
resentatives sat with closed doors ; which was the occasion
of some complaint ; as if Congress proposed and were ma
turing some improper measures. But it soon died away,
from the confident belief that the members were so -wise
and patriotic, as to guaranty the propriety and rectitude of
their plans. It was thought proper to prepare an armed
force for the safety of the inhabitants then settled and set
tling on the Ohio river, in such manner as to give as little
alarm as possible to the Indian tribes. Major-general
appeared in a threatening and hostile attitude, he promptly prepared to check
their inroads into our territory, by arms. At this period, there was reason to
believe, that several tribes were instigated to commit depredations on people
within the United States, by the British in Canada ; who then still held pos
session of some forts in the west, ceded to the United States by the treaty of
peace, m 1783. It canuot, perhaps, be justly denied, that in some cases, the
savages had reason to complain of encroachments and unjust treatment, on
the part of the citizens of the United States ; and were provoked to acts of
cruelty or retaliation from a natural spirit of revenge.
* The President proceeded to the Senate chamber on the second day of
the session, when the members of the House, by his request, attended, and
made the speech m person, as he did also when he first met Congress,' after
his induction into ofiice. On this occasion his dress was of American manu
facture.

1790] WASHINGTON. 31
St. Clair was then commanding in that section of the coun
try ; and it was deemed important to strengthen him by
additional troops. Humanity weeps at the recollection of
the degraded, and sometimes injured savages of the wil
derness ; but the earth was made to be cultivated ; and the
peaceable tenants of the soil should be protected in their
labors. Agreeably to the suggestions of the President, provision
was made for maintaining diplomatic intercourse with sev
eral nations of Europe ; and a law was also enacted for a
uniform system of naturalization throughout the United
States. Ministers were early sent to the court of Great
Britain, France, Spain, and Portugal, and afterwards to
Holland, to Russia, and to Prussia. Under the old Con
gress, ministers from the United States had resided at most
of those courts.
The report of the Secretary of the Treasury, relating to
the fiscal concerns of the country, presented important
plans and measures for the consideration of Congress.
And though the report was finally approved, as to its prin
ciples and outlines, much time was consumed in the exam
ination of its details.* The proposition to make a differ
ence between domestic and foreign creditors, as well as be
tween the original and the (then) present holders of evi
dence of debt against the government, though urged with
much zeal and some plausibility, did not receive the sanc
tion of the majority in Congress ; for it was believed, that
the honor of the government, and the principles of good
faith, which should govern in pecuniary affairs, required
that the holders of public securities should be paid without
exception or distinction.!
As proposed by the Secretary of the Treasury, in his re
port to Congress, 1790, the payment of four-fifths of the
debts of each State, incurred in the war of the Revolution,
for the general defence, was assumed by the federal gov
ernment. Justice and good policy alike demanded this
measure ; for Congress had the entire control of the reve
nue arising from commerce and navigation ; and this pow-
* There were different modes or principles of discrimination among the
public creditors suggested. That advocated by Mr. Madison was the least
exceptionable, but it did not prevail. Mr. Ames opposed it in a very able and
convincing manner.
t The Secretary of the Treasury, in his report, estimated the public debt at
little less than a Committee of the Hou se had, at the first session, and the
annual expenses of govemmeut and interest of the debt at three and a half
millions.

32 FEDERAL GOVERNMENT. [1790
er was granted by the Constitution for the express purpose
of paying off the public debt. Some States had advanced
more than their just proportion in the expenses of the war.
On inquiry, it was ascertained, that several had claims on
the general government, for a balance due, or an excess
over their proportion ; and that others had not expended
their full and just share. The amount thus assumed by
Congress, was twenty-one milhons and a half; which was
nearly half as much as the general government, or old con
tinental Congress had directly contracted. South Carolina
and Massachusetts were the largest claimants on the fed
eral government for balances in their favor.* The assump
tion of the debts contracted by the several States during
the war, for the welfare of all, was not agreed to, however,
without warm opposition. And, in one stage of the bill for
the purpose, the majority voted against it. But the justice
of the measure was so fully shown, that it finally prevailed,
and an act of Congress was passed for that object, in Au
gust, 1790.
The military establishment of the United States was, at
the second session of first Congress, fixed at twelve hun
dred men, and to be enlisted for three years ; to consist of
three battalions of infantry, and one of artillery ; and by
the same law, the President of the United States was au
thorized to call into service, such part of the militia of any
State, as he should judge necessary, to aid the regular
troops in protecting the people on the frontiers.
In the month of July, of this session, an act was passed,
providing for the permanent seat of the government of the
United States, on the banks of the Potomac, including a
tract of land of ten miles square ; a part of which was
with in the State of Maryland, and a part in Virginia. And
in the act of acceptance of the territory, it was also pro
vided, "that-the operation of the laws of the State within
such district or territory, should not be affected by the ces
sion, till ihe time fixed for ihe removal of the governm,ent
thereto, and until Congress should otherwise provide bu
law.'' ^
During the second session of this Congress, several pe
titions were presented on the subject of slavery ; which
were subscribed chiefiy by the people called Quakers and
citizens of Pennsylvania. Dr. Franklin's name was at the
* During the whole war, Massachusetts supplied one-fifth of the contmental
nrmy, and some part of it nearly one-fourth ; and generaUy had State troops
i)ut to guard her coasts of 500 miles.

1790] WASHINGTON. 33
head of one of these memorials. There was some opposi
tion to have them considered at all, as the subject did not
belong to Congress, and was solely within the jurisdiction *
of th6 several State governments. The subject, ho-wever, "
was digcussed at various times, and a report was finally
made and adopted, though by a small rriajority, in sub
stance as foUows: That the general government is re
strained from prohibiting the importation of slaves before
the year 1808 ; that, by fair construction. Congress is also
restrained from interfering in the emancipation of slaves^
who already are, or may, within that period, be imported;
into, or born within any of the States ; that Congress have '
authority to interdict or regulate the African trade, so far
as relates to citizens of the United States supplying for
eigners; and to make provision by law for the humane
treatment of slaves : and that the federal government has
power also to prohibit foreigners from fitting out vesselis,
in any ports of the Union, for that traffic.
Some of the members from the South said they should
consider their States undone, if any interference took place,
as to the subject, and warmly t)ppo3ed any action of the
federal government ; but other members contended that
humanity, justice, and good policy required something to
be devised to alleviate the condition of the unfortunate
Africans. Still, many individuals, as humane aS they
were enlightened, thought that any great interference with
slavery would endanger^ the Union, and that the Constitu
tion did not authorize it.
An act was passed by the first Congress, in April, 1790,
to promote the progress of the useful arts, which secured
to the inventors of any machine, engine, art, or manufac
ture, the sole right to the use, and sale of a right to use,
such invention. This was considered an important law ;
and it operated as a stimulus to various inventions, highly
beneficial to society. In June, of the same year, a law of
Congress was passed, securing to authors and publishers
of books, the exclusive right to print and sell such works
for a number of years. The law was similar to those in
force in England, -and other countries in Europe.
In July, 1790, during the second session of the first
Congress, provision was made by law for the debt of the.
United States ; in a great measure conformably to the
recommendation of the Secretary of the Treasury ; which
was, in fact, for ''payment of the national debts, by a fund
ing system, (usually so called,) and by loans. The law
authorized new loans, and the creditors of the United States
5

34 FEDERAL GOVERNMENT. [1790
were invited to subscribe, and to pay for the sum sub
scribed in their securities or notes of a former date, in
terest was allowed on the new stock thus created by tne
loan subscribed to ; and a part of the principal to be paia
at certain periods in future. Some of the stock bore an
interest of six per cent., and some only three. Ihe i resi
dent was authorized to borrow twelve millions ot dollars,
on the credit of the United States, to meet demands or part
of demands already due, and the interest due to the public
OTPni t'Oi'S
During this Congress, provision was made for a gradual
reduction of the public debt, by paying it in annual instal
ments, at an early period ; so anxious were the members
of laying a foundation, or preparing a plan, for this im
portant purpose. But both on the question of funding the
public debt, and of assuming the debts of the several
States, a warm discussion took place, which continued
many days, and called forth the abilities of the distin
guished members of Congress. It was not wholly of a
sectional character; and political parties were not then
formed : but different views were expressed ; and the mem
bers from those States, Avhich had advanced the least in
the war of the Revolution, were the most opposed to these
propositions. The majority of the House was, at one
time, against adopting ; but the Senate was in favor of the
measure, and the House finally yielded, by a small major
ity. Had not these measures been adopted, the conse
quences might have been most unhappy for the welfare of
the Union. For the funding system was necessary to re
vive and support the credit of the country ; and the
assumption of the State debts was equally necessary to do
justice to those States, which expended most largely and
suffered most severely, in the contest for liberty and inde
pendence. Sedgwick, Gerry, and Ames, of Massachusetts^
were very eloquent on this occasion, and declared that the
federal government would fail essentially in providing a
remedy for existing evils, and in securing justice to the
States, which was the express design of its establishment,
unless the debts of the States were assumed, and piompt
measures adopted for payment of the public debt.
Several members of the first Congress had been delegates
in the Convention which formed the federal Constitution,
as Strong, Gerry, Sherman, Langdon, Oilman, Carroll,
King, Clymer, Fitzsimons, Morris, Bassett, Reed, McHen-
ry, Butler, Few, and Baldwin. Among the most distin
guished and active members of the House of Representa-

1790] WASHINGTON. 35
tives, as appears from the debates and proceedings which
have been preserved, were -Livermore • ; Ames, Goodhue,
GetTy, Sedgwick'; Sherman, Trumbull, Wadsworth';
Benson, Lawrence''; Boudiilot'; Muhlenburg, Hartley,
Fitzsimons-''; Vining «¦ ; Contee, Smith, Stone * ; Madison,
Page, Lee, Bland, Moore, Parker • ; Burke, Huger, Smith,
Sumpter*; Baldwin, Jackson.'
The federal government may be justly considered a new
political era in the United States. A great change was
effected by its influence, through the whole country ; which
proved highly auspicious to the interests and welf£|,re of all
classes of people. The advantages of Independence were
now fully perceived; and the blessings of civil liberty,
happily realized. And it is difficult to imagine even, the
divisions, disorders, and misery which would have ensued,
if the federal Constitution had not been adopted, and the
general government formed at that period. The common
external dangers which had united the several States, and
pressed them together in concert and action, had ceased, —
and the imsettled condition of the American people gave
indications of as great evils, as had been endured in the
war of the Revolution. The federal government was estab
lished by the wisdom and patriotism of that critical period ;
and thus a remedy, and the means of safety and prosperity
were happily provided.
There was a third Session of the first Congress, which
was held in the city of Philadelphia, on the first Monday
of December, 1790 ; when much remained to be done, to
perfect the operations of the federal government, or to ac
complish all the purposes it was designed to effect At the
two former meetings. Congress had been diligent and faith
ful in setting the great political machine in motion ; but
time could not fail to discover some defects, or some omis
sions, which it was necessary to remedy and to supply.
Several laws, passed at the former session^, as that of estab
lishing Judicial Courts, and those for raising and collecting
the revenue, were altered at this. The first new State
formed by the federal government was that part of Vir
ginia, called the. District of Kentucky ; and Congress gave
its consent to the application for that purpose, (an Act of
Virginia having also passed in favor of the measure,)
in February, 1791. And Kentucky then became one of ther
ffl New Hampshu-e. b Massachusetts, c Connecticut, d New York.
« New Jersey. / Pennsylvania, g Delaware, ft Maryland, t Virginia.
k South Carolina. I Georgia.

36 FEDERAL GOVERNMENT. [1791
States in the Union, with all the powers and rights of the
original members. A few days later. Congress passed an
Act for the admission of the State of Vermont into the
Union. The latter, however, was to be considered as one
of the States in March, then next following ; but Kentucky
not until June, 1792. Parts of Vermont had been settled
long before that period, and had sent commissioners, the
year before, to Congress, to make application for that pur
pose. The Constitution provides for the admission of new
States into the Union by Congress ; requiring, however, the
consent of the Legislature of a State, within whose juris
diction, the additional State is to be formed, or created.
Kentucky being within a part of the State of Virginia, her
consent was necessary to the admission of that State ; but
Vermont was not strictly within the jurisdiction of any
other State, although New Hampshire had claimed to have
a right to a part of the territory : and therefore the con
sent of any other individual State was not necessary to her
admission into the Union. In February, 1791, an Act was
passed by Congress " to give effect to the laws of the federal
government within the State of Vermont."
One of the most important Acts of Congress at this session,
which was necessarily terminated the third of March, 1791,
was that for establishing a Bank of the U. States : This was
important, in a practical view, to give efficiency to the fiscal
concerns both of the federal government and to individual
enterprise, especially in commercial pursuits ; and also as
to a great constitutional question, — the right of the general
government to form and incorporate such an institution.
The reasons given for the incorporation of the Bank were,
" that it would be conducive to the successful conducting of
the national finances, tend to afford facilities to the obtain
ing of loans, for the benefit of government, in sudden emer
gencies, and be productive of great advantages to the trade
and industry of the country." The preamble further
states, " that the bank should be on a foundation suffi
ciently extensive to answer the purposes, intended by it ;
and, at the same time, on principles which might afford
adequate security for an upright and prudent administration
thereof." Notwithstanding the great objections then, and
since, at various times, made to a Bank of the United
States, it would seem to be highly expedient ; alike useful to
the government and to individual enterprise, as asserted
and as generally believed ; still it is most important, that its
administration and management should be in all prudence
and uprightness; and not for the benefit of a few nor

1791] WASHINGTON. 37
more than all, for electioneering, and party purposes. It
is in the abuse and perversion of such an institution, that
it can be an evil, either to government or to the people.
This act of incorporation for a Bank of the United
States, was for the period of twenty years ; and the capital
was to be ten millions of dollars. There were to be twen
ty-five ^ares, of four hundred dollars a share. Three-
fourths of the amount of shares subscribed for, were paya
ble in evidences of the public debt, which had been loaned
agreeably to a previous Act of Congress. The President
of the United States was authorized to subscribe two mil
lions of the capital stock on behalf of the general govern
ment. The Bank was to be located in Philadelphia ; but
branch banks were provided for in other parts of the United
States, as the directors should think proper, for the purpose
of discounting and deposites.
As the chief executive officer of the general govern
ment, Washington was most faithfully attentive to every
subject relating to the welfare and the rights of the United
States. At an early period of his presidency, he remon
strated against the British in holding some forts within the
national territory, which they had occupied during the
war, but which the treaty of peace of 1783, stipulated
should be given up, and abandoned by the British troops.
In February, 1791, he sent a message to Congress, in
which he says, " that soon after I was called to administer
the government, I found it important to come to an under
standing with the Court of London, on several points inter
esting to the United States ; and particularly to know, if
they were disposed to enter into arrangements by mutual
consent, which should fix the commerce of the two nations
on principles of reciprocal advantage.^ For this purpose, I
have authprized informal conferences with their ministers ;
but do not discover any disposition, on their part, to enter
into any arrangements merely commercial. This informa
tion I have thought proper to communicate, as it may have
some influence on your deliberations." It was publicly
rumored and believed, that, after the system of duties
on, goods and articles imported ,jrom Great Britain or her
colonies was established by Congress, the British ministry
made propositions to bind the federal government not to
raise these duties; but offering no proper commercial ben
efits, as reciprocal, these were not accepted by the Amer
ican administration. Soon after the Message of the Presi
dent, an Act of Congress was passed prohibiting the im
portation of goods and products, except in vessels belonging

38 FEDERAL GOVERNMENT. [1791
to the United States, or in such as belonged to the country,
of which such goods, or products, were the growth or
manufacture ; or in ships of such countries as permitted
the vessels of the United States to carry goods and products
not the manufacture or growth of the United States ; and
additional duties were also imposed, in cases where shipped
at places from which the vessels of the United States were
excluded to make exports.
In March, 1791, Congress resolved to establish a mint for
the purpose of a national coinage ; and the following year,
it was ordered, " that the establishment should be at the seat
of the federal government, for the time being." The di
rector, assayer and chief coiner, were to be subject to such
regulations as Congress might order and require. The
coins to be struck and issued were, — of gold, eagles, of the
value of ten dollars — half-eagles, quarter-eagles ; of silver,
dollars of the same value as Spanish-milled dollars— then
current in the United States, — half-dollars, quarter-dollars ;
dimes, of the value of one tenth of a dollar, half-dimes ; and
cents of the value of one hundredths of a dollar, and half-
xents. It required no ordinary abilities and wisdom, to put the
-new government in successful operation. The nature of
the government was in some respects peculiar. Its powers
were to be exercised strictly, or fairly, according to the
'Constitution ; and it was difficult to discriminate, in all
.cases, between the power of the general and of the State
governments. The States were jealous, and justly so, per
haps, of the federal government, fearing it would assume
authority not given it by the compact; and might there
fore sometimes complain without just cause.
President Washington would not designedly assume
power not delegated ; nor would he fear to exercise the
authority granted, and necessary for the general good, by
the clamors of the ignorant or discontented. As in organ
izing and commanding the army of the United States, in
1775—1783, he had almost to create, and manifested
equal decision and moderation; so, in using the power
given to the chief magistrate of the Union, he was alike
firm and prudent ; and, with the aid of the first Secretary
of the Treasury, raised the prostrate credit of the country
and gave an impulse to the government, which was long
felt, and which produced a state of unexpected national
prosperity and respectability.*

* During this session, by recommendation of the President Conm-es'
dered another regiment of men to be raised, for the public service to rei
the troops then ia the field ; which amounted to only 1200. '

3 or-
recruit

1791] WASHINGTON. 3^,

CHAPTER II.
Second Congress, October, 1791. Closed Doors. Of Senate. Indian Hostil
ities. Public Finances. Additional Duties. Excise. Militia System, Power
of the Federal Government over the Militia. Cessions of Land to the United
States by individual States. United States troops under General St; Clair De
feated. Treaties with Indians, aud Efforts to have Peace with them. British^
hold Forts in the Northwest. Message of President, October, 1791. Com
plaints of British Aggressions. Petitions against Slavery, 1792. Fisheries.
Number and Apportionment of Federal Representatives ; Opinion of Wash
ington on the subject. Negotiation with Great Britain. Her Restrictions on
American Conmierce. .
The Second Congress met at Philadelphia, on the 24th of
October, 1791. The time designated by the Constitution
for the assembling of every new Congress, was December,
unless some other time should be appointed by a law of the
federal Legislature. There was much urgent business be
fore the first Congress, at its last session, which terminated
on the third of March, by an express provision in the Con
stitution ; and therefore October was fixed for the meeting
of the next Congress. A great proportion of the Represen
tatives were the same as composed the House in the first
Congress. And the whole number was now sixty-five ;
usually fifty-eight or sixty present, at the same time ; Ver
mont and Kentucky had each two Representatives now in
the House.
During the first and second, sessions of Congress, the
Senate chamber was not ppen to strangers and spectators ;
but there was al-ways free admission into the galleries of"
tjie House of Representatives, so that the speeches of the
members were heard, and generally fully reported. On
several occasions, however, the galleries were cleared, and
the House sat with closed doors. This was matter of com
plaint with a few persons, of suspicious and jealous dispo
sitions. It was afterwards known, that subjects were Un
der discussion, which fully justified secrecy at the time.
They related to an increase of the military force, on the-
western frontiers. And the people very generally admitted.
the prudence of the measure. In subsequent periods, the
House has often ordered its doors closed, and all spectators
excluded, when the business before them was deemed of

40 FEDERAL GOVERNMENT. [1791
such a nature as to require secrecy for a short time. When
engaged in executive business, the Senate still holds its
meetings with closed doors. But at that Congress, and
afterwards, the Senate chamber was also open to those
who wished to hear the discussions of that branch of the
legislature on other subjects.
In 1791, the troops of the United States on or near the
Ohio river, were attacked by the hostile tribes of Indians
in that part of the country, and many Americans were
slain. This defeat led to an increase of regular troops in
that quarter ; which was the occasion of some complaint,
as if the military operations of the United States were of
fensive and unjust. But the western frontiers of Virginia
and Pennsylvania, were then fast settling, and it became
necessary for the general government to afford protection
to the inhabitants. And it was only on the territory which
belonged to the United States by treaty and fair purchase,
that the Americans were settled. During the same year,
the Creek tribe of Indians appeared in a hostile attitude,
committed some depredations, and threatened farther inju
ries. The Society of Friends in Pennsylvania, remon
strated to Congress against the war with the Indian tribes,
and expressed an opinion that it was unnecessary and un
just. But it appears not to have had any effect. Wash
ington would not approve or maintain hostilities against
them, had he not deemed it just and prdper for the govern
ment to give protection to the people of the United States,
who were exposed.
In January, 1792, the Secretary of the Treasury of the
United States, was required by the House of Representa
tives, to lay before them a statement of the public finances,
that they might more correctly judge of the sufficiency of
the revenue to meet all the demands on the government ;
and whether any additional duties were necessary to main-^
tain the credit of the nation. The Secretary made a report
in the same month ; in which he stated, that the sums re
quired by the appropriations voted in 1791, amounted to
$7,082,190 ; that the net product of all the public revenue
during the year 1791, was $7,029,750; that the total
annual expenditures of the United States, amounted to
$3,688,043, and that the product for the year 1792 was
estimated at $3,700,000. '
An Act of Congress was passed in 1792, altering the
duties, previously required to be paid on spirits distilled
withm the United States ; whether from molasses sugar

1792] WASHINGTON. 41
and other foreign materials, or from materials of the growth
or produce of the United States. The first enactment of
the general government, imposing duties on spirits distilled
within the United States, was August, 1790 ; and the law,
now adopted, was not materially different from the first.
It was called the " Excise Act," to distinguish it from that
of laying duties on goods and products, imported from for
eign countries ; and the officers appointed to collect and
receive these duties, were distinct from the collectors of the
customs on imported articles, and were called Supervisors.
The law for raising a revenue by an excise, was consid
ered unreasonable, by a large portion of the citizens ; and
it was contended that as Congress had the whole revenue
arising from duties on imported goods and products, an ex
cise, if necessafy, should be under the contrpl and for the
benefit of the several States. For each State had a large
debt to pay, notwithstanding the greater portion had been
assumed by the federal government. The Act laying an
excise, however, was evidently within the power of Con
gress, as granted by the federal Constitution. The legisla
ture of the United States was desirous of paying the inter
est on the public debt, promptly ; and also for its reduction
as soon as possible. And though the revenue was as great
as most had anticipated, it was not sufficient, as first es
tablished, to meet the expenses of government, and to
discharge, as good policy dictated, the heavy debt of the
nation,- so rapidly as was generally desired.
The Constitution gives Congress power to provide by
law, for calling out the militia of the United States, to ex
ecute the laws of the Union, to suppress insurrections, and
to repel invasions ; for organizing, arming and disciplining
the militia ; and for governing those called into the public
service. But the right was justly reserved to the States of
appointing the officers of the militia ; and the laws relating
to the militia it was intended, no doubt, should be. uniform
throughout the United States. In 1792, Congress passed
a la-w on this subject, with an ultimate view of providing
for .the national defence, and to prevent the necessity of
constantly maintaining a large army of regular troops.
The law provided for an uniform militia system in all the
States of the Union ; in which, the ages of men liable to do
duty in the militia, were stated, and directions given for
arming them, and for the mode of disciphne. But this did
* not prevent the State authorities from making laws more
' in detail, requiring how often the'militia should be obliged
to assemble for training and for military discipline in each
6

42 FEDERAL GOVERNMENT. [1792
year. And these have frequently since been altered and
modified in most of the States. The authority given to
the President and Congress of the United States, to call the
militia into the public service, and to direct and command
them, has proved a subject of much difterence of opinion,
and of dispute, as to the extent of the ppwer intended to
be vested in the federal government ; and particularly,
what must be the exigency to justify such a call, or to re
quire such service. It has been contended, that it is alto
gether a discretionary power, and that it may be exercised
whenever Congress or the President may judge proper,
even to the extent of calling forth the militia when there
is no invasion, but merely apprehended ; and of keeping
them in service so long as may be supposed or pretended
to be proper by the federal Executive. Others insist, that
in this case, and in all others indeed, granting authority to
the general government, the Constitution should be rigidly
construed ; and that the power delegated should not be
exceeded ; and therefore, insist, that the militia are only
to be called out when an invasion takes place, or when it
imminently and immediately threatens to take place ; and
that they should be promptly discharged when the danger
no longer exists or impends ; and by no means used as a
standing army, or as regular troops.
Several of the old, or original States, claimed large tracts
of wild lands in the west and northwest parts of the coun
try, before the war of the Revolution, on the supposition
that their respective territories extended to the farthest
lakes, and to the Mississippi, if not to the Pacific ocean ;
for their patents were limited only by the Western ocean.
Soon after the peace of 1783, these States made cessions
of certain parts of their claims, in the " far west," to the
United States, but expressly for the benefit of all. The
former Congress, under the Confederation, called upon the
States, which advanced such claims, to cede the lands to
the United States, and declared, " that they should be for
the common benefit of the Union." The States which ad
vanced these claims, made the cession on this express con
dition : and these were Virginia, North Carolina,* Penn
sylvania, New York, Connecticut and Massachusetts.
When Louisiana, at a later period, was admitted into the
Union, a condition was imposed, that it should cede to the
* North Carolina did not cede the territory which that State claimed till
1791, after the federal government was established.

1792] WASHINGTON. 43
United States all the waste and unappropriated lands lying
in that newly acquired territory, purchased by the federal
government ; and that the same should be, and remain at
the sole disposal of the United States.' And yet the legis
latures in some of the new States, have been so unreason
able as to claim a right to all the public lands within their
respective territories ; and would exclude the original
States, who struggled and sacrificed so much for national
freedom and independence, from all right or benefit in
them. This great question is still (1839) undetermined.
Congress has repeatedly made liberal grants of land to the
new States, for the purpose of public roads and schools :
but this seems not to satisfy the craving demands of the
people in the States more recently formed in the territory,
ceded for the benefit of the whole Union. It was good
policy to make grants for the above objects in new States,
as inducements to settle the waste lands, and for the im
provement of the character of the population. This is for
the benefit of the whole United States. But the old States
have also a just right to a portion of the benefit of the pub
lic lands, in their separate and individual character. In
this early period of the federal government, however, this
subject was less warmly discussed, than it has since been.
Most of the States, formed out of these lands, have been
established at later periods: and seem now disposed to
demand as a right, what was formerly requested of Con
gress as a favor.
After the defeat of the federal troops under General St:.
Clair, by the Indians, near the Ohio river, in November,
1791, new complaints were made against the war on the
savage tribes, as impolitic and unjust. President Washing
ton ordered a statement of the causes aud reasons for em
ploying troops to defend the frontier settlements, to be
made by General Knox, then Secretary of War, which was
published. The paper states, that treaties or conventions
were formed with several tribes in the west and northwest,
as early as 1775 and 1776,: but that they had not been
duly regarded by the Indiansj during the war, nor after
wards : but from some cause, they had violated those trea
ties ; (with the exception of the Oneidas- and Tuscaroras,
within the State of New York ;) and that numerous -women
and children had been slain by those tribes, at different
times, without any sufficient pretence of aggressions on the
part of the people of the United States : that when peace
took place between Great Britain and the United Staples,
instead of indulging resentments against the Indians, efforts

44 FEDERAL GOVERNMENT. [1792
were made to establish aud maintain peace with them on
liberal terms. For this purpose, treaties were made in
1784, '85, '86, and '87 ; and the principles of justice and hu
manity governed in all these cases. In 1788, large sums
were voted by Congress to defray the expenses of treaties,
and for extinguishing the Indian claims, as far as they
would consent ; and for paying what had been previously
promised for lands, which the Indians had ceded to Con
gress. In 1789, a treaty with several tribes on aud near
the Ohio river, and lake Erie was concluded ; when for
mer treaties were confirmed, and former boundaries estab
lished by mutual consent. Thus careful it appears was
the government of the United States to satisfy the Indians,
and to remove all causes of complaint. Owing, however,
to some extraneous influence, or ignorance of the policy of
Congress, a part of the Indians complained ; and some of
the Americans charged the government with being unjust. ¦
The statement of the Secretary of War, further asserted,
that no conflicting claim had been advanced by other
tribes, under the pretence that the lands ceded to and pur
chased by the United States, belonged to a different tribe,
or that they had any just control over them. Other Con
ventions were proposed in 1788 and 1789, but the Indians
did not attend ; and it was generally believed that there
was an untoward influence from abroad, or a few -white
adventurers among, them, whose sole object was their own
individual interest and power, which prevented their meet
ing the agents of the United States. In the meantime the
frontier settlements were attacked, and many outrages and
murders committed : and the people in that region called
repeated and loudly on the general government for protec
tion. Still the President made a new attempt to negotiate.
In 1790, he sent an agent to assure the tribes on the Wa
bash, and at Miami, that the United States desired peace,
and wished to maintain friendly relations with them. But
all these efforts failed, though some of the tribes wished
for peace and friendship with the United States : And de
predations were soon after made on the settlements equally
attrocious and revolting as before. When the people of
Kentucky, and other settlements in that vicinity, meditated
an attack on the Indians, without waiting for orders or the
consent of the President, or his knowledge of their pro
posed enterprise, he restrained them. The depredations of
the Indians, at that time were often committed on inhabi
tants who were settled south of the Ohio, and withm the
long acknowledged bounds of Virginia. It was estimated

1792] WASHINGTON. 45
that, before the United States commenced hostile operations
against the Indians, they had killed, wounded, or taken,
one thousand and five hundred men, women and children,
and had carried off two thousand horses, and other property
to a large amount. The troops of the United States sta
tioned in that region merely to occupy some forts, and for
pacific purposes, were also attacked, and many of them
killed by the hostile tribes, during this period. Col. Picker
ing held a treaty with them in 1791, when he made known
the humane intentions of the federal government ; and
General St. Clair, gave similar assurances to the Dela-
wares and others, when he first advanced into that terri
tory to protect the inhabitants. At this period, the Gov
ernor of Pennsylvania, also requested a military force, of
the President of the United States, for the purpose of giving
protection to the inhabitants of that State, who lived in the
northwest parts, and who were in great and continual
danger from the hostile tribes of Indians. There seems to
have been an imperious call for the energetic measures
then adopted by Congress, and recommended and approved
by Washington, in employing troops, at that time, on the
frontier settlements.
At the opening of this session of Congress, (which was in
October, 1792,) the President, in his public message to the
Senate and Representatives, referred to various subjects of
a public nature, which he deemed important for the con
sideration of the national legislature — among which were,
— the public debt, and the necessity of further provision for
supporting the credit of the United States — the exposed
situation of the western frontiers ; and the omission, on
the part of Great Britian, to withdraw their troops from
the forts within the national boundaries, formerly belong
ing to that power, but stipulated, by the treaty of 1783, to
be given to the United States. For so long as the fortresses
on lake Erie, at Detroit, or any of the branches of the
Ohio river, were in the hands of the British, the western
settlements were exposed to depredations from the savage
tribes. It could hardly be supposed, that the British gov
ernment, authorized their military officers in those forts to
encourage the Indian assaults and murders ; but it was
evident, that while they held those posts the tribes were
embolden, if not instigated by individuals, to commit de
predations on the citizens of the United States. This con
duct of the British ministry was considered highly im
proper, though they apologized for it, by pretending to a
right to hold the forts,till the United States had made express

46 FEDERAL GOVERNMENT. [1792
and ample provision for paying certain claims, made by the
refugees from America, at the beginning of the Revolu
tionary war. Some of the States made such provision
promptly, as to that class of the refugees embraced in the
treaty of 1783 ; but other States had declined making any
provision for that purpose. It was this conduct of the
British government, which was in plain violation of the
treaty, that threatened a war with England in 1793; but
which the firmness and prudence of Washington happily
averted. In November, 1792, Mr. Ames, of Massachusetts, pre
sented a memorial of W. Mifflin and others, on the sub
ject of Negro Slavery, which was read and laid on the
table. Two days after, Mr. Ames called up the memorial,
when a warm dispute arose. The members from the
Southern States, deprecated the consequences of such me
morials. One of them moved, that it be returned to the
memorialists, and the entry of it on the journal erased.
The motion for returning the memorial was unanimously
adopted ; but the motion to erase the entry on the journal
was withdrawn. This agitating subject had been previ
ously introduced in Congress on presentation of a petition
from some citizens of Pennsylvania. It has often since
been brought forward, and served always to produce a
warm and sometimes an angry discussion. The Constitu--"
tion must be altered to justify Congress in legislating
on the subject. And the interference of the non-slave-'
holding States, is not only useless, but altogether unjustifi
able, from pohtical, if not from moral considerations.
By an Act of Congress, in 1792, encouragement was
given to the Codfisheries, followed chiefly in the eastern
States ; and in lieu of a drawback of the duty on salt
and a bounty on fish exported, previously allowed a
bounty was now granted on the vessels employed in this
business, according to their tonnage. Fish was a ereat
article exported from the New England States, and it was
also deemed important to give encouragement and support
to this branch of busmess, as a means of having good sea
men for a navy, when it should become necessary for na
tional defence. The tonnage of vessels employed m the
-.ail^'.l''^ coasting trade, in 1792, was 152,000 tons-
m 1813, 490,300_in 1828, 930,200-in 1832, 753,400.*
* The whole tonnage of vessels m the United States, reeistered Pr„n11»,1
and licensed, was, m 1789, 201,560-1800, 972,500-1^ if^n i 424 780 '
on 1820, 1.2.80,170-in 1830, l,2ig,250,-apd in 1S32, J.^.^si '^¦''*'"

1792] WASHINGTON. 47
The Constitution declares that there should not be more
than one Representative in Congress for every thirty thou
sand inhabitants of each State : and that there should be
an enumeration at an early day, under the federal govern
ment. A census was ordered to be made in 1790 ; and
after' the result was officially made known to Congress, a
question arose what the ratio should be thereafter. Some
proposed forty thousand, and some thirty three thousand.
But others, again, were in favor of a plan altogether dif
ferent, and such as many believed not authorized by the
Constitution ; which was to take the whole number of in
habitants, which the census gave, throughout the United
States, and to have the number of Representatives equal to
every thirty thousand. And as some States would have
a large fraction beyond one for every thirty thousand, to
add one Representative to eight of the largest States. This
plan was proposed by the Senate; and was concurred by
a majority of the House of Representatives, though several
members of this branch of the legislature were opposed to
it. The objection was, that the Constitution could not be
fairly construed as giving support to such a procedure ; and
that it tended to, and would soon destroy the federal gov
ernment, and produce a consphda,tion of the States, and)
all distinct lines of separate State governments. It was in
sisted, that the Representatives must be chosen by the peo
ple of each State separately considered, and not by frac
tions of two or three States united to elect one. And in
fact, that no State could have more than one Representa
tive for every thirty thousand inhabitants, contained in it,
but must lose any excess of that number, however large
the fraction might be. The discussion on this subject was
continued many days in the House of Representatives, be
fore the bill was passed. And when it was submitted to
the President for his approbation, he declined giving it his I
signature. His objections were stated as follows : — " The
Constitution has prescribed, that Representatives shall be
apportioned among the several States according to their
respective numbers, and there is one proportion, or divisor,
which, applied to the respective numbers of the States, ,will
yield the number and allotment of Representatives pro
posed by the Bill. — The Constitution has also provided
that the number of Representatives shall not exceed one for
every thirty thousand; which restriction is, by the context,
and by fair and obvious construction, to be applied to the
separate and respective members of the States ; and the
bill allots to eight of the States, more than one for thirty

48 FEDERAL GOVERNMENT. [1792
thousand." The act which was soon after passed on this
subject, provided for one Representative for every thirty-
three thousand, and restricted each State accordingly. The
view taken by the President, and his construction of the
Constitution relating to this point, were very generally ap
proved, especially by those who wished to keep the several
States as distinct as could be consistently with the federal
compact, and to prevent their consolidation. His opinion
is worthy of great regard, both with the friends of the
Union, and of State rights. No one was more in favor of
the former, or of consolidating or preserving it in all proper
ways, and in all reasonable measures, than Washington :
yet he was equally careful to guard against encroachments',
on State rights, and to avoid destroying their distinctive \
character. In 1791, President Washington, gave notice to Congress,
of his having directed the minister, at the Court of London,
from the United States, to learn, informally, what was the
disposition of the British, on the subject of a commercial
intercourse between the two countries : In April, 1792, he
communicated the correspondence between the British
minister near the federal government, and the American
Secretary of State, on that subject. The British minister
had transmitted to the Department of State, a part of a
Statute of Parhament, and gave notice also, that the British
would carry the order into execution ; which, being of equiv
ocal signification, the President thought proper to lay before
Congress. In its restricted sense, which was avowed by the
British minister, and from recent indications of a friendly
disposition in the British government, towards the United
States, he said, it could give no cause of alarm. The in
terdicting clause, instead of prohibiting commercial inter
course with all British ports, as appeared at first to be in
tended, related only to our exclusion from the islands of
Jersey and Guernsey.— Such was the construction of the
British Envoy, then in the United States. And his express
opinion to that effect, gave satisfaction to the President at
that time ; disposed as he was to believe, that the declara
tion rnade by the British, of a friendly spirit towards the
United States, were sincere. This Act of Parhament for
bid the importation into any British ports of goods and pro
ducts of Africa, Asia, and America, except in vessels owned
and manned by British subjects ; and had a principal de
sign to prevent the importation of tobacco, which was said
to be landed in large quantities in the islands of Guernsey
and Jersey, and thence conveyed to ports in England.

1792] WASHINGTON. 49
The conduct of the British government at this time, gave
indications of a jealous, not to say, unfriendly spirit, to
wards the United States. The detention of the forts within
the federal territory, contrary to an express article in the
treaty of 1783, could not be justified ; and all propositions
for commercial intercourse, on terms of a real reciprocity,
had been rejected or evaded. And the effect was, an opin
ion, very generally formed, that the British ministry was
arbitrary and monopolizing in its views, and ready to take
all the advantage, in the intercourse between the two coun
tries, which their power would support. Thus it became
necessary, and the federal Executive had sufficient national
spirit, to insist on the fulfilment of the treaty, and to require
that consideration due to an independent nation.

50 FEDERAL GOVERNMENT. [1792

CHAPTER III.
Congress of November, 1792 — March, 1793. Political Parties. Federal and
Anti-Federal. Opposition to the Excise on Home-Distilled Spirits. Indians
Hostile. Charges Against Secretary of the Treasury. Different Views of
Jefferson and Hamilton. Insurrection in Pennsylvania — Washington Chosen
President for a Second Term of four years. The Party Opposed to his Po
licy, Censorious and Abusive. His understanding with England and
France, 1793. French Minister and his Improper Conduct. Neutral Posi
tion taken by Washington. Censures on this Policy. Genet Recalled.
His Successor, Chargeable with little less Improper Conduct. British Ag
gressions. Special Embassy of Mr. Jay. Federal Judiciary. Suability of
States. The Second Congress adjourned in May, 1792, and met
again at Philadelphia, in November following, agreeable to
a resolution passed at their first session. At this early
period, two great political parties, appear to have been
forming in the United States. Most of the individuals of
each party were no doubt honest and patriotic, and de
sirous of maintaining the liberties of the country. One party
was denominated " federal ;" the other, " anti-federal." One
was in favor of supporting the power of the Executive, to
its full constitutional extent; the other, for controling the
executive arm, so far as almost to paralyze it. The former
were probably influenced, in some measure, by their perfect
confidence in the wisdom and uprightness of the illustrious
man who then occupied the chair of Chief Magistrate of
the Union. These parties were also further distinguished,
the federalists, as being most friendly to Great Britain ; or
rather as most deshous of keeping peace and maintairiing
commercial intercourse with that nation: and the anti-fed
eralists as being unduly attached to the French nation, or
most fearful of mcurring its displeasure,— and for a per'iod
of twenty years, from that time, this unhappy spirit of
party, distracted the councils, if it did not dishonor the
character of the United States.
The President evidently desired to continue on amica
ble terms with each of those powerful nations; and con-
V^^}u T- 'i^ i^eniarkable impartiality in this trying period.
But he did not entirely escape the animadversions of those
who were under the infiuence of improper prejudices and
partialities. In his public speech to Congress, at the open-

1792] WASHINGTON. 51
ing of this session ; the President expressed his regret, that
the war by the Indian tribes on the western frontiers con
tinued, and that many of the settlers within the territory
of the United States had been recently slain. He stated
that measures both for peace and defence, had been adopted,
in such a manner as he had hoped would have been effect
ual; but, that his repeated attempts to preserve peace,
though on favorable terms to the tribes, had been unavail
ing; and the military force, employed in that part of the
country, had not been able to prevent further depredations,
as he had hoped. Some other tribes in the Southwest, it
was stated, had also discovered a hostile disposition towards
the United States ; and yet that he had not been able to
learn of any complaints, that the treaty formerly made
with them had been -violated, on the part of the United
States. While he recommended that sufficient means
be provided for the protection of the people on the interior
frontiers, the President also urged Congress to adopt
measures for preventing the people in the frontier settle
ments from intruding or making any aggressions upon the
Indians. "Let us not be the aggressors," he said, "nor
give any just occasion for complaints against us." The
President, also, at this time, informed Congress, that in
some parts of the Union great complaints and opposition
were manifested to the system for raising a revenue from
spurits distilled within the United States ; and, as there had
been unlawful meetings to oppose the execution of the
laws, and threats of violence uttered, that he had issued
a proclamation, warning the citizens of the evil and danger
of such opposition to a law duly enacted by the national
legislature. This opposition was chiefly manifested in the
States where whisky was manufactured from grain ; and
the complaints were the loudest and the most extensive in
Pennsylvania. The President referred also to the finances
of the United States, and recommended additional measures,
if necessary, to place the public credit on a sure and solid
foundation. An exhibit from the treasury department, at
this time, showed that the expenditures of the federal gov
ernment, for 1789, 1790, and 1791, amounted to 3,797,500
dollars ; the amount collected and received, 4,771,350 dol
lars; leaving a balance in the treasury, at the close of
1791, of 973,905 dollars,
The Senate and House of Representatives each returned
answers to the President's speech, in which they declared
their approbation of the measures he had adopted, and
their determination to provide proper means of protection

52 FEDERAL GOVERNMENT. [1792
to the settlements on the frontiers ; and of support of the
laws of the Union, against any opposition which might be
made to the due execution of them.
The answer of the House of Representatives to the
speech of the President was clothed in the language of re
spectful approbation ; and the majority fully acquiesced in
the propriety of the policy and the course of the executive ;
but several members were opposed to some of the measures
which had been adopted; particularly as to the Indian
war in the West ; and to some of the proceedings in the
treasury department, which were under the direction and
control of the President, and for which he was in a
measure responsible, though only the conduct of the Sec
retary of the Treasury was expressly censured. President
Washington was as averse to hostilities against the Indian
tribes, if it could be avoided with safety to the settlers in
that part of the Union, as any one could be ; but he justly
considered it the duty of government to afford means of
protection to the citizens ; and was of opinion that a large
force which would, appear formidable to the savages, and
operate on their fears, would be more effectual to induce
them to refrain from future aggressions, and to make peace,
than a few troops, whom they would not hesitate to attack,
nor much fear in the prosecution of their hostile designs on
the frontier settlements.
As to the funding of the public debt, and the assumption
of the debts of the States, which had been incurred for the
common and general defence of the country, during the
war of the Revolution, of which some complained, he be
lieved justice demanded that the plans of the Secretary of
the Treasury should be adopted. And the charge of an
improper application, by the Secretary, of monies before
appropriated by Congress, for the payment of interest, and
a part of the principal of both the foreign and domestic
debt, the President considered unjust, or unreasonable.
The charge was, that he applied part pf'the loans, effected in
Europe, to some other purpose than paying or diminishing
the foreign debt, as had been indicated by Congress. But
it was shown that convenience and good policy justified
the conduct of the Secret9,ry, in this respebt ; that pay
ments had been made strictly according to the laws, though
a part of an appropriation for one specific object, had been
applied to a different purpose ; and more also had been ad
vanced on account of expenses of the Indian war than had
been anticipated by Congress, when a law was made re
lating to " the enterprise. The Secretary of the Treasury

1792] WASHINGTON. 53
was also accused of extravagance in the expenditures of
the public monies; and it was even intimated, that a strict
incfuiry into his official conduct, would detect some defal
cations. An inquiry was soon after instituted into his
conduct, and the accounts of the treasury department ;
when it was found, that no improper appropriations of the
public funds had been made, (other than a deviation as
already noticed, of some specific appropriations to other
objects than directed, and that with good judgment and
perfect integrity,) and that the proceedings of the Secretary
were wholly free from all evidence of embezzlement, of
corruption, or of any dishonorable oflicial act. Washington
had full confidence in his incorruptible integrity, as well as
his abilities. And the people generally imbibed the same
opinion of Secretary Hamilton ; while many considered
his political views not so fully republican as they would
prefer in a high public officer of the federal government.
He was no doubt in favor of what some called a strong
government ; in favor of exercising the full powers granted
by the Constitution ; because he believed this was necessary
to maintain the public credit, and to give respectability to
the administration of the United States, both at home and
abroad. But he duly appreciated that sacred chartei: of
our national rights, and gave it his firm support; and'
there is no evidence that he was not sincerely attached to
a republican government.
At this period, 1792, which was soon after any indica
tions of the two political parties in the United States, which
long unhappily continued, the different views and opinions
of the highest officers in the executive department of the
government, and with whom the President often found it
necessary to consult, in deciding on public measures to adopt
or propose, gave occasion for great regret among the patriotic
citizens ; and it was also a source of concern to the Presi
dent himself He addressed letters to them on the subject ;
and, with the Secretary of State, Mr. Jefferson, particularly,
he expostulated on the evils of disunion among his confi
dential advisers. But this effort, so honorable on the part
of Washington, was without avail. The political disa
greement between the Secretary of State, and of the Treas
ury, continued and increased, and soon became personal
and inveterate.
Mr. Jefferson coincided in opinion, with those who were
originally opposed to the federal Constitution, as having
too much power, and with that class of politicians who
disapproved of the funding system, the assumption of the

54 FEDERAL GOVERNMENT. [1792
State debts, and of the Excise Act ; and who were disposed
to restrain the authority of the executive within very nar
row limits. It was also well known that he retained strong
prejudices against the British government, founded in its
former arbitrary conduct towards the colonies; while all
his sympathies were enlisted in behalf of regenerated
France.* And it was apprehended that this would produce
an evil political influence ; especially as disputes had even
then arisen between the United States and each of those
great foreign nations ; when harmony among the members
of the administration was most important.
The Secretary of the Treasury, Mr. Hamilton, differed
in opinion, on many political measures, almost entirely
from the Secretary of State. He was, indeed, the projector
of the leading measures designed to establish public credit
on a firm foundation, and to provide effectually for the
payment of the public debt, and to call forth the resources
of the country for these important objects. He had also
proposed an augmentation of duties on imported articles,
when it was found that those before laid were inadequate.
And he recommended the system of excise, or a tax on
distilled spirits within the United States ; which was par
ticularly unpopular in the States where they were manu
factured. On the other subject, which was the occasion of
discordant opinions among politicians of that period, Mr.
Hamilton entertained different views from Mr. Jefferson.
He considered it important to the commercial, and, there
fore, to, the general prosperity of the United States, to
maintain friendly relations with Great Britain; and he
was unwilling to sacrifice either the peace or the interests
of the nation, to his sympathies in favor of the patriots of
France. Few, perhaps, doubted the patriotism of either of these
distinguished political characters. They had each rendered
important service to the country, in the contest for liberty
and independence; and, it was believed, that each was
anxious to secure the welfare, and to promote the pros
perity of the United States. The just and principal dis-
Unction to be made between them, probably, was, that the
feecretary ot State appeared more ready to consult and to
«r* ^ ^'^POrt on foreign commerce, made in 1791, by request of President
Washmgton.M.. Jefferson, then Secretary of State, advised to a more ex
te^ve teade with France, and to an increase of imposts on aU British eoods
and producte. And this report, no doubt, led to the regulations of Mr Madt
son, ml794, proposing such restrictions on the trade with England, as aiLounted
flhnost to a prohibition of commercial intercourse with that nation ^"^°"°*"'*

1792] " WASHINGTON. 55
take advantage of popular opinion and feeling, and to court
the people, by the declaration of sentiments of regard for
their rights and liberty ; while the Secretary of the Treas
ury manifested a disposition to adopt such measures as he
believed for the true honor, and the permanent welfare of
the nation. And, in this feature of his public character, he
strongly resembled the illustrious patriot, then at the head
of the nation.
A strong opposition to the plan of raising a revenue from
spirits distilled in the United States was manifested, soon
after the law was first passed. During the year 1792 the
opposition appeared to gather strength and to be more deter
mined. Several meetings were held in the interior counties
of Pennsylvania, at which resolutions were adopted, and
sentiments expressed, alike dishonorable to the character of
good citizens, and alarming to the government. The officers
appointed to collect the duties were threatened, and deterred
through fear of personal injury from discharging their pub
lic duties. And a large portion of the citizens, in the west
ern parts of that State, appeared resolute in opposing the ex
ecution of the law, at every hazard. Their passions were
highly excited by the clamours of individuals, who repre
sented the law as arbitrary and oppressive, and even uncon-
. stitutional, and therefore not to be endUred by a free people.
Some of the members of Congress had predicted such com
plaints and such opposition, which seemed, however unde
signedly, to excite or to increase them. But the support of
public credit required a large revenue — and while every
article imported, which could justly be considered a luxury,
was highly taxed, it was found necessary also to resort to
a tax, or excise, on spirits distilled in the country. And on
none could the duty be more justly imposed, than on dis
tilled liquors, altogether unnecessary for the support and
comfort of the people. Had it been laid on bread or on
grain, there might have been some reason for complaint and
opposition. Even a direct tax on lands or houses, would
probably have been reprobated, except in some extraordi
nary exigency. In the present case, the excise law had this
justification, that the revenue from imposts was not ade
quate to the public expenditures for the support of govern
ment, and the payment of instalments and interest on the
public debt as ordered by Congress ; particularly for that
year, as the war in defence of the frontier settlements had
added greatly to the national expenses. It is the more re
markable, that such complaints were made against the
measures of the federal government, by the citizens of Penn-

56 FEDERAL GOVERNMENT. [1792
sylvania, as the troops were employed to protect the inhabi
tants in the north western parts of that State, as well as
those settled in the territory beyond.
Desirous of using all proper means for checking this spirit
of insubordination, and of preventing, if possible, its break
ing forth into forcible opposition to the laws of the land, the
President issued a proclamation exhorting the people to de
sist from all illegal acts and meetings, and calling on the
good citizens to discountenance all violence and disorder :
but his wise counsel and warning did not produce the effect
intended, and which had been expected. The President
had previously (May, 1792) been authorized by Congress
to caU out the militia to assist in executing the excise laws,
if he should consider it proper — and the Governor of Penn
sylvania had requested a similar measure. But the Presi
dent had hopes that wise counsels would prevail over excited
passions, and he was reluctant in employing the military
to support the laws, till no other alternative remained.
During the year 1792, General Washington intimated tc
some of his most confidential friends, that he was desirous
of retiring to private life, and proposed to decline a re-elec
tion as chief magistrate of the Union. His advanced age,
and increasing infirmities had added strength to his incli
nation to seek repose from allpublic business. But he was
persuaded to relinquish his personal wishes in this respect,
and was a second time chosen President of the United
States, by the unanimous vote of all the electors.* Some
strictures had been made on his political opinions and mea
sures ; as the Indian war on the western frontiers, the
funding system and the excise law ; and yet he had only
approved these measures previously adopted or sanctioned
by Congress. But the confidence of the great body of the
people, in his patriotism and wisdom, was not at aii shaken
by any act of his administration. Those engaged in the
business of distilled spirits complained of the laws laying
duties on them, and of the President for attempts to support
these laws. But it was well understood by most of the cit
izens that these complaints were uttered only by those in
terested in that traffic. The Secretary of the Treasury who
had proposed the law, was severely censured, as if he were
disposed rather to tax and oppress the people, than to guard
* John Adams was alse re-elected Vice President by a plurality of votes.
But Gov. Clinton of New York received several votes, which were ?
given by those who were originaUy opposed to the Constitution, and who dis
approved of some of the leading measures of the federal government.

1 793] WASHINGTON. 57
their rights, or to lay light burdens on them ; but the char
acter of the President was too pure and lofty to be assailed
by prejudice or party spirit. And yet strange to relate,
soon after this period, such was the malignity, or the envy,
or the ambition of a very few men, that Washington was
insidiously censured, as wanting in republican sentiments,
or in firmness sufficient to oppose the plans of the Secretary
of finance.
When General Washington appeared in the Senate cham
ber to take the oath of office,* required by the Constitution,
on the fourth of March, 1793, he observed, " I am again
called upon, by the voice of my country, to execute the
functions of its chief magistrate. When the occasion proper
for it shall arrive, I shall endeavor to express the high sense
I entertain of this distinguished honor, and of the confidence
which has been reposed in me by the people of the United
States. Previous to the execution of any official act of the
President, the Constitution requires an oath of office. This
oath I am now about to take, and in your presence, that if
it shall be found, during my administration of the govern
ment, I have in any instance violated, willingly or know
ingly, the injunctions thereof, I may, besides incurring con
stitutional punishment, be subject to the upbraidings of all
who are now witnesses of the present solemn ceremony."
The office of the President for the first four years, im
posed many arduous duties, and no little care and anxiety,
in giving a proper direction to the measures and policy of
the new government ; but the satisfaction of having per--,
formed this patriotic service was a sufficient reward for
such a man as George Washington. The period, however,
had arrived, or was approaching, when the misrepresenta
tions of party was such, as induced many in the country,
more or less publicly, to censure the official conduct of that
illustrious patriot ; and thus to give great disquiet to one
who deserved nothing but gratitude and confidence, and
who had as keen sensibility of personal honor and reputa
tion, as of moral rectitude, in his public duties. And what
greatly imbittered the cup, now given him to drink, was a
belief that one of the principal officers in his political family,
was not displeased with, but probably encouraged, those
unjust and cruel aspersions. Thus, with party disputes,
* The oath was administered by William Cushing, of Massachusetts,, an as
sociate Justice of the Supreme Court of the United States, who was then in
Philadelphia, Chief Justice Jay not being present. John Langdon of New
Hampshire, was then President fro tern, of the Senate, and many members of
Congress, which closed on the third of March, 1793, were also present.
8

58 FEDERAL GOVERNMENT. [1793
among citizens of the United States, and hostile aggressions
or threats from two great foreign nations, occasions occurred
for the exercise of all his firmness and decision, in a wise
and patriotic administration of the government.
Hostilities with the Indian tribes on and northwest of
the Ohio river, were, indeed, happily suspended in 1793;
those tribes nearest to the settlements by the citizens of the
United States having entered into friendly and amicable
treaties with the national rulers. But the spirit of insubor-
ordination, and of opposition to the excise laws continued
in the interior of Pennsylvania, with unabated indiscretion,
and some acts of violence, which required both prudence
and energy in the chief magistrate ; and the conduct both
of Great Britain and France, towards the United States,
was in several instances such as to demand the utmost
caution and wisdom, as well as a correct knowledge of
European politics, at that most interesting period.
The government of England was watching to take ad
vantage of any error in our commercial system, for the
benefit of that nation, and was disposed to assert all those
principles of monopoly and exclusion, which it had long pre
viously maintained in Europe. And in France a political
revolution, commencing in 1789-90, with some favorable
auspices, as if liberty was the sole object, and thus securing
the sympathies of the republican citizens of the United
States, was now raging with great violence, attended by
various acts of oppression, injustice, and personal cruelty,
so as to unsettle the foundation of society and good gov
ernment ; and this dangerous spirit of misrule, this rage for
innovation, had an influence with the leaders of that nation,
in their conduct towards all other governments. They in
sisted on the favor and aid of the United States, in the con
test in which they were engaged with other European na
tions. They pleaded their own assistance, formerly grant
ed to America, in the war for liberty and independence
against England ; and declared that the American citizens
were bound to make common cause with France, then en
gaged in war with the despots oi Europe, as they said all the
™°^archs in that quarter of the world ought to be consid-
^^t f u ^^"^^ ^^'^ ^^^ °^^ "^^^^^ ^^ ^^^ United States,
both ot the people and of their legislators, and that voice in
harmony with the chief magistrate of the Union, dictated
alike by patriotism, intelligence, and sound discretion, far
less would have been apprehended, and far less the real
Uanger to the liberties and peace of the country
France and England had long been rival kingdoms, and

1793] WASHINGTON. 59
so frequent the wars between them for several centuries,
that they were considered as natural enemies to each other.
In the third and fourth years of the French revolution,
which began in 1789, the factions which rapidly suc
ceeded one another, the outrages and cruelties commit
ted, under the sacred name of liberty, and the threats of
that nation to spread their wild political opinions in other
kingdoms of Europe, not only alarmed Great Britain, but
led her to arm, for the purpose of checking the revolution,
and of restoring, if possible, a monarchical government to
that distracted country. In their hostihty towards each
other, the French and British rulers disregarded and violated
neutral rights; and while the former insisted on the United
States making common cause with them against monarchy,
and especially against the British nation, the latter, sup
posing an undue partiality for France, in the Americans, com
mitted depredations on their commerce, either to deter the
United States from showing any favor to the French people,
or to injure that nation, by preventing their receiving sup
plies from America.
A new minister was sent to the United States in 1793,
to remind the people of iheir obligations to the French
nation, and to demand gratitude and assistance on account
of benefits received from that country in the war of the
Revolution ; and he treated the President with great disre
spect, if not with insolence, by presuming to dictate what
measures he should adopt to favor the views of France.
And when he learnt the true character of Washington, who
was resolved to discharge his duty to the country, rather
than compromit the peace of the nation, he had the pre
sumption to appeal to the people at large, and to demand
their aid. There was but one step more to be taken to de
grade and dishonor the national character ; an,d that was
taken by a certain portion or class of the people, in justify
ing the insolent interference of this foreign agent.
War had now taken place between France and England ;
and while many in the United States were disposed to take
part with France, from motives of partiality to that nation,
or considerations of policy, or a love of republican liberty,
the greater portion of the best informed and niost prudent
were desirous of avoiding a close alhance with either of
those nations, and for maintaining a neutral position. This
was the decided opinion of President Washington ; and,
after consulting with the members of his Cabinet, and some
other confidential friends, he issued a proclamation, pro
hibiting all interference by the citizens of the United States,

60 FEDERAL GOVERNMENT. [1793
especially that of arming by sea or land, in aid of either
nation against the other. The immediate cause of the
proclamation was the arming of vessels, in some of the
southern ports, belonging to the United States, with com
missions from the French government and its agents, to
commit depredations on the commerce of Great Britain.
M. Genet, then recently arrived as Envoy from the
French government, to reside in the United States, author
ized and encouraged these proceedings, so inconsistent with
the character and policy of the federal administration,
which had resolved to maintain neutral ground at that
time. M. Ternan, the immediatepredecessor of Genet, had
conducted with great prudence and discretion, in his official
acts and communications towards the American govern
ment. The present minister manifested a very different
spirit. He brought with him from France, all the enthu
siasm for liberty and revolutions, which then prevailed in
that nation, and which would allow no intercourse with
monarchical governments, but denounced them all as oppres
sive and tyrannical. Like the extravagant revolutionists in
that nation, he demanded that all the friends of civil liberty
should unite in war, on the side of France, and that the
people of the United States, especially were bound to assist
his nation. He could not brook opposition to this dan
gerous opinion, nor wait for the proper consent and sanction
of the federal rulers; but assumed the right to dictate
measures such as he wished ; and when his plans were dis
approved and declared improper by the President, he at
tempted, though in vain, to excite the people against the
government. Happily, for the peace and honor of the
United States, with all their love of liberty, the people had a
just regard for civil order and legitimate authority ; and they
gave their approving voice to the course pursued by the
executive, in frowning upon this presumptuous foreign
agent. ^ r &
On this difficult occasion, the President, with his charac
teristic prudence, sought the opinion of his Cabinet, to whom
i!ei.^^i *^ following inquiries, in April, 1793,—
fehall a proclamation be issued for the purpose of pre
venting the interference of citizens of the United States in
the war between France and Great Britain 1 Shall it con
tain a declaration of neutrality? What shall it contain ¦?
vi" 11 ^,"?i^i^ter from France be received? and, if received,
ehah It be absolutely, or with qualification? And with
what quahficatlons, if any ? Are the United States obliged
m good faith to consider the treaties before made with

1793] WASHINGTON. gl
France, as applying to the present situation of the parties ?
May they renounce them, or hold them suspended, till the
government of France is established .^ If they have the
right, is it expedient to do either ; and which ? If they
have an option, would it be a breach of neutrality to con
sider the treaties in operation ? If the treaties are now to
be considered as in operation, is the guarantee irf the treaty
of alliance applicable to a defensive war only, or to war
either defensive or offensive? Does the war in which
France is now engaged appear to be offensive, or defensive,
on her part ? or of a mixed and equivocal character ? If,
of a mixed and equivocal character, does the guarantee,
in any event, apply to such a war ? What is the effect of
a guarantee, such as that in the treaty of alliance (1778)
between the United States and France ? Should a future
regent of France send aminister to the United States, ought
he to be received ? Is it advisable to call Congress together,
with a view to the present posture of European affairs ? "
These questions fully manifest the attention and anxiety
of the provident mind of Washington, at this very critical
period. He was sensible of the delicacy of his situation, as
chief magistrate ; and while he must have been aware that
he was to give the tone to public measures, he was desirous
of obtaining further light from others, than that which he
found in his own refiections. The difference of opinion in
his Cabinet Was particularly unfortunate, in a situation so
full of difficulty and doubt. Still he had the firmness to
pursue such a course as he deemed just and proper, and at
the same time such as promised to be most favorable to the
interest and welfare of the country. He well knew, that
clamors would be made, and censures heaped on his official
character, for adopting a neutral policy ; as indications had
already been given in various parts of the country, in favor
of uniting the destinies of the United States with those of
the French nation, and of rushing into war with England,
at every hazatd.*
*The following toast was given at a festival iu Philadelphia, in July, 1793,
which was attended by respectable citizens, and the Governor of Pennsylvania
was a guest. " May the sister republics of France and America be as incor
porate, as light and heat ; and the man who endeavors to disunite them, be
viewed as tlie Arnold of his country. May honor and probity be the princi
ples, by which the connections of free- nations shall be determined ; and no
Machiavelian commentaries explain the text of treaties. The treaty of alliance
with France, may they who would violate or evade it, be deemed traitors, and
consigned to infamy. May remorse attend that man who would think of op
posing the French, while they war for the rights of man. A dagger to the
bosom of that man who makes patriotism a coyer to his ambition."

62 FEDERAL GO"VERNMENT. [1793
The neutral position taken by the administration, as to the
war now began between France and Great Britain, made
it proper to forbid all naval armaments in the ports of the
United States, and by citizens thereof, against either of the
belligerent powers, and this was accordingly distinctly and
expressly done, in the summer of 1793, by the President, in
addition to his proclamation previously issued. The oppo
sition party of that period censured the measure, as pusil
lanimous, as well as ungrateful to the French people, in
whose friendship America had before largely shared. One
or two public journals, under the control of his invidious
political enemies, were incessant and shameless in their
criminations. Washington did not condescend to notice
these virulent attacks, in a public manner ; but his private
letters to some personal friends showed that he was not in
sensible to the cruel charges brought against his official
character. He was not one of those politicians, who, if
sustained by the majority, disregarded the complaints of
other portions of the people ; but being a sincere patriot and
truly desirous of the prosperity, the welfare, and the liberty
of the United States, he acted from honorable and pure
motives, in public as well as private concerns, and to be rep
resented as an enemy to civil freedom, or as regardless of
his country's true glory, was therefore more than even he
could bear without deep sensibiUty, conscious as he was of
patriotic and upright intentions.
The public conduct of M. Genet, at first wore some sem
blance of moderation and propriety, for he declared France
did not expect the United States to join that nation in the
war with England. But his conduct soon after discovered
a desire to excite the war fever ; and if the measures he
recommended to be pursued had not been checked by the
President, war with England must have followed in a short
time. He gave commissions to armed vessels in the ports
of the United States to attack British vessels, and he as
sumed or claimed a right to appoint commissioners to de
cide on the validity of captured vessels brought into Amer
ican ports. This was assuming a power belonging only to
the supreme executive of the United States, and a juris
diction in which none had due authority but the federal
courts and judges.
When this presumptuous attempt to exercise authority
within the United States, by a foreign agent, was justly re
buked by the President, the French Envoy became still
more insolent ; and more than intimated that Washington
was a secret enemy to republican freedom, had exceeded

1793] WASHINGTON. 63
his constitutional power, and was justly obnoxious to the
indignation of the people who had clothed him with civil
authority. Genet also addressed an insolent letter to the
Secretary of State, at this time, denying the right of the
President to revoke his recognition and permission to M.
Duplaine to act as French Consul in Massachusetts, which
had been done on account of his improper conduct.
Genet impugned the authority of the President ; and pre
tended that the state authority of Massachusetts, or the
people, had the sole right to dismiss the consul. This min
ister of France was chargeable with several other similar
acts of gross impropriety.
The President, therefore, requested the rulers of France
to recall M. Genet. And soon after, his commission was
withdrawn, and a successor appointed in his place.* But
if more prudent than Genet, he possessed much of his
spirit ; and like him urged upon the government of the
United States the supposed obligations of America to
make common cause with France, which it was alleged,
was engaged in support of civil liberty and the rights of
man. The conduct of the British government, at this period,
added to the difficulties with which the federal administra
tion was surrounded. The forts on Lake Erie and vicinity,
which should have been given up to the United States, ac
cording to the treaty of 1783, were still occupied by British
forces, though the President had frequently complained of
the high impropriety of their retention. Most of the States
had also agreed to pay the debts claimed by a class of
refugees, as the treaty provided. And as the States were
sovereign and independent, when the treaty was made, the
federal government had not an entirely undisputed right to
enforce payment. It did recommend a compliance with
this article of the treaty, and the States very generally ad
mitted the justice of the measure, and made provision to pay
the debts claimed. Still the western parts within the United
States were occupied by the British, and it now becarne
proper for the President to speak with more emphasis and
decision, on the subject, to the Court of England. Another
act of the British ministry added to the public reasons for
calling on that nation to justify its conduct towards the
United States, and a more express demand for justice and
good faith. The British government had often advanced
• M. Genet remained in the United States ; and afterwards married a
daughter of Mr. Clinton, Governor of the State of New York.

64 FEDERAL GOVERNMENT. [1793
a doctrine relating to blockades, which the other nations of
Europe denied, or admitted with reluctance, under peculiar
circumstances. With a view to annoy and distress France,
and perhaps, to restrict the commerce of the United States,
the ministry of England issued orders, prohibiting the im
portation of grain and bread stuffs, as well as warlike stores,
into the French ports, and authorizing the seizure of ves
sels carrying such articles ; and thus subjecting a great
portion of American vessels and their cargoes to detention
and confiscation. The President of the United States ex
pressly impugned this doctrine ; and firmly remonstrated
against it, as highly injurious to the commercial interests
of the country. In May, 1793, the national convention
of France adopted an order similar to that of the British
above mentioned, in which it was declared, " that French
ships of war and privateers may stop and bring into the
ports of the republic such neutral vessels as are loaded
either with provisions belonging to neutrals and destined to
an enemy's ports, or with merchandise belonging to an
enemy." "But so far was this order from affecting the
the sentiments of America towards France, that it was
scarcely noticed."*
Another practice, allowed by the British government,
and much resorted to at this period, which produced a
great excitement in the United States, was the impress
ment of seamen, belonging to merchant vessels of other
nations ; though generally with the pretence that they were
British-born subjects. And it was often extremely difficult
to distinguish between those born in England and bona fide
Americans. The citizens of the United States were thus,
in many instances, pressed into the naval service of Great
Britain. The rulers of England did, indeed, disclaim the
right of impressing those who could prove that they were
Americans ; but this was of little avail in practice, such
being the difficulty of producing immediate proof; and
most of the British naval commanders, when in need of re
cruits, would not go into the inquiry, but conducted in a
very arbitrary manner in this respect.
President Washington was sensible, that a crisis was ap
proaching which would involve the United States in a war
with England, unless another effort should be made to
avert the calamity by negotiation. The British orders in
council were highly injurious to the commerce of the United
States, and the impressment of American seamen was stiU
» Judge Marshall,

1794] WASHINGTON. 65
more irritating. It was no just excuse, that the French
government captured American merchant vessels under
similar pretexts, and treated the sailors with great severity
and cruelty. The Envoy from the United States, at the
court of London, had remonstrated, by order of the Presi
dent, against the conduct of the British, but without effect.
And the voice of the whole people was in favor of decisive
measures with England for these aggressions.
In 1794, therefore, the President concluded to send a
special Envoy to the court of London, to make known the
great sensibility of the American government and people
on this subject, and in a firm and manly spirit to seek re
dress ; at the same time, to give assurances of a sincere
desire, on the part of the administration, to maintain peace
with the British nation. By this measure. General Wash
ington displayed those great traits of character for which
he had always been distinguished ; which united, in a
happy degree, firmness with caution, and warm patriotic
feelings with just sentiments of national respectability and
honor. At the time the President nominated Mr. Jay as a special
Envoy to England, which he stated to the Senate was a
pacific measure, and which he had the hope would prevent
war with that nation, there was a large party in Congress
which proposed to coerce Great Britain to treat the United
States with more liberality and justice, by suspending all
commercial intercourse between the two countries. Reso
lutions for that purpose had been introduced into the House
of Representatives by Mr. Madison, a very distinguished
member from Virginia ; and a leader of the party then op
posed to the general policy and measures of the adminis
tration. These resolutions were in accordance with a re
port made by the Secretary of State, some time before ; and
were supported by those in favor of commercial restrictions
and non-intercourse with England, rather than of further
negotiation. It was contended, that the refusal to trade with England,
would greatly distress her commercial and manufacturing
interests ; and would soon induce her rulers to seek the
friendship and secure the trade of the United States. The
proposition, therefore, though made by the President to the
Senate, as was constitutionally proper, for a special em
bassy to England, was opposed, in that body, by those not
desirous of conciliating that haughty nation, as it was
called. The propriety of the measure was also discussed
in the House of Representatives, and warmly combated,
9

66

FEDERAL GOVERNMENT. [1794

as inefficient and pusillanimous. And it was pretended
that the adoption and execution of the resolutions lor non-
intercourse, would produce a better effect than an extra

mission.

By the friends of the administration, it was contended,
that the resolutions would irritate, rather than coerce
Great Britain : that though it might produce some incon
venience to that nation, its resources and its naval power
were such as to sustain her, though all trade were at an
end with the United States : that the commerce of this
country would suffer severely, and the effect be to prevent
the prosperity of America, and greatly to reduce the reve
nue, so necessary to pay the public debt ; and that a new
attempt to negotiate would probably succeed, and thus the
evils of war be averted.*
A great constitutional question arose in 1793, relating to
the powers of the federal courts, and whether a State was
amenable to their jurisdiction. The question came up, on
the occasion of the State of Georgia having been sued be
fore a court of the United States, by a citizen of South Car
olina; and Massachusetts, by an alien, and a subject of the
King of Great Britain. The case in which the State of
Georgia was defendant was brought before the court, and
the majority of the Justices of the Supreme gave an opinion
for sustaining the suit, as constitutional; which was
founded in the second section of the third article of the fed
eral compact ; which gives the Judiciary of the United
States authority to decide in " controversies between two
or more States ; between a State and citizens of another
State; between citizens of different States ; and between a
State and the citizens thereof, and foreign States, citizens or
subjects." One of the Judges, however, expressed doubts
whether the Constitution intended to give such authority
to the federal courts; as it would be a denial of the sove
reignty of the States.
The suit commenced against the State of Massachusetts
was not brought to trial; for the legislature, at a special
session in September, 1793, called by the Governor, to con
sider the subject, soon after he had been served with a legal
process, or notice, from the federal court, as a principal
officer or agent of the State, to appear, and make answer
* The members of the House of Representatives who opposed these reso
lutions, were Smith, of South Carolina ; Smith, of Maryland ; Ames, Good
hue, and Dexter, of Massachusetts ; Hartley, and Fitzsimmons, of Pennsyl
vania ; Tracy, and Hillhouse, of Connecticut ; and others.

1794] . WASHINGTON. ;67
before the court, declined to answer. Similar notice was
given to the Attorney General of the ^tate, and served ,b,y
the marshal of the United States. The Governor declined
obeying the summons, or employing counsel ; but issued a
proclamation for an extra meeting of the legislature.
In his speech to the legislature, the Governor says,- — ^"I
cannot conceive that the people of this Commonwealth,
when by their representatives in Convention, they adopted
the federal compact, expected a State should ;be held liable
to answer on compulsory civil process, to an individual qf
another State, or of a foreign kingdom. Three judges of
the United States having given it as their opinion that the
several States are thus liable, the question becomes highly
important to the people." After stating the consequence^,
which he apprehended would result from this doctrine, he
suggested the propriety of preparing a prpposition, bythe
legislature, for an additional article to the federal Consti
tution, in which the sovereignty of a State should be so far
secured, as :not to be liable to a civil suit in the Courts of
the United States, at the instance of an individual, .whether
a citizen of the United States, or of a foreign country. ;He
considered this the most proper course, and most for the
peace and harmony of the Union ; at the same time he ex
pressed an opinion in favor of State rights, and of the sove
reignty of the States, in all cases not expressly or plaifily
prohibited by the federal Constitution.
In this speech, the Governor also observed, " The great ob
ject presented to us by our political situation, is the support
of the general government, and affording force and efficacy
to its functions, without destroying the powers which the
people have vested in and reserved to the. State govern
ments. A consolidation of all the States into one govern
ment would at once endanger the nation as a republic, and
eventually divide the States now united, or eradicate the
principles for which we have contended. It is much less
hazardous to prevent the establishment of a dangerous or
erroneous precedent, than to attempt to contravene it, after
it has obtained a place in a civil constitution."*
The legislature sustained the views of the Governor, by
a large majority, though several members of talents and
learning contended that a State was liable to an action in
a civil suit ; that it ought to do justice according to the de
cision of an impartial tribunal ; that there was none other,
* Governor Hancock died the first of October, at the age of 56, and only
ten days after this meetmg of this legislature ; greatly lamented as an ardent
patriot aud a sincere republican.

68 FEDERAL GOVERNMENT. [1794
for such purpose than the Courts of the United States, and
that the opinion of the Judges of that Court was correct.
The resolution passed by the legislature of Massachusetts,
on the occasion, was as follows — " That a power claimed,
or which may be claimed, of compelling a State to become
a defendant in a Court of the United States, at the suit of
an individual, or individuals, is (in the opinion of this
legislature) unnecessary and inexpedient ; and, in its ex
ercise, dangerous to the peace, safety, and independence of
the several States, and repugnant to the first principles of
a federal government." A resolution was also adopted
by the legislature, to instruct the Senators and to request
the Representatives in Congress from Massachusetts, to use
their efforts for obtaining an amendment to the federal
Constitution, which should prevent a State from being
amenable, in a civil suit, to the Courts of the United States.
In 1794, Congress proposed such an article to be added to
the Constitution ; and in 1798, it was officially announced
by the President of the Unfted States, that the requisite
majority of State legislatures had approved and adopted it.
It is the eleventh article of those added to the Constitution ;
and it is as follows — " The judicial power of the United
States shall not be construed 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."

1794] WASHINGTON. 69

CHAPTER IV.
Third Congress, December 1793. Fears of War with England or France.
President's Speech. Debts of the Separate States. Cofuparison of them.
Mr. Jefferson resigns his Office as Secretai-y of State. Judge Jay's Special
Envoy to England. Jealousy of that Nation. Portugal. Algerine Depre
dations. Embargo. Regular Troops of the United States Increased. Dif
ficulty with Spain. Discontents and Opposition in Pennsylvania. Firm and
Mild Measures of Federal Executive. Second Session of Third Congress.
Power over Militia. Discipline of them. Reduction of Public Debt Urged.
Opposition to the Administration.
When the third Congress met, December, 1793, (consist
ing of about 110 members,) the publiC' mind was highly
anxious respecting the destiny of the country; through
fear of a war with France or England, against both which
there was just, causes of complaint, and by the excitement
of national pride and honor, at the highly improper inter
ference of the French minister with the measures of the
federal government. The speech of the President to the
national legislature, on this occasion, " was moderate, firm,
dignified and interesting."* He first referred to his re-elec
tion, to which, he said, he had consented by the pressing
request of many of his most judicious friends, contrary to
his own inclination ; and he expressed the hope, that his
services might be useful and acceptable to his fellow-citizens.
He then referred to his proclamation of neutrality in the
present crisis, as he deemed it an imperious duty to ad
monish the citizens of the consequences of a contraband
trade, as well as of all hostile acts towards either of the
belligerent nations in Europe. He recommended that the
country be put in a state for efficient defence against any
foreign invading foe ; and he also referred to the very im
proper and offensive conduct of the French minister near
the United States.
The answer of both Houses of Congress were expressive
of their entire confidence in the upright views of the Presi
dent, and of the correctness of the measures which, he had
adopted. And while strong feehngs of indignation were
displayed by the ^majority respecting the extraordinary
conduct of the French minister, as disclosed by the Pres-
* Marshall.

70 FEDERAL GOVERNMENT. [1794
ident, no one appeared so lost to sentiments of national
honor, or a regard to the welfare of the country, as publicly
to offer any apology for him. Anonymous writers in some
newspapers, however, vainly attempted to justify or to ex
cuse his conduct.
During this session, the Commissioners appointed to ex
amine and adjust the accounts of the several States, for
expenses and advances in the war of the Revolution, made
a report to Congress ; in which was stated the balances
due to each. The creditor States were seven ; Massachu
setts and South Carolina had the greatest claims, amount
ing to 1,200,000 dollars each ; the other creditor States were
Connecticut, New Hampshire, Rhode Island, New Jersey,
and Georgia ; all the other were debtor States.
When the act for an excise, or duty, on carriages was
discussed, it was objected that it would operate unequally ;
that it was of the nature of a direct tax ; and should,
therefore, be imposed on all ; and that no tax but of this
•character could be constitutionally collected. Mr. Sedg
wick, of Massachusetts, maintained that the Constitution,
not only allowed Congress to lay duties and imposts, but
taxes and excises ; that direct taxes were to be laid accord
ing to the ratio of population ; but that an excise was
rather of the nature of imposts, as it was raised, not on ar
ticles of necessity, but of superfluity and luxury, and was
therefore voluntary ; and that an excise on pleasure car
riages was as proper as a duty on wine or tea, and would
fall only on the rich. The real objection, with many, to this
mode of raising a revenue, was, that it had been proposed
by the Secretary of the Treasury, Mr. Hamilton, in his
report, all whose plans were opposed by certain members
of Congress. It was also popular to clamor against an ex
cise ; the name even being odious to the people in most
parts of the country.
Towards the close of the year 1 794, Mr. Jefferson, the first
Secretary of State, resigned his office, and retired from the
administration of the federal government. He had enter
tained different views from the President and the majority of
the Cabinet, on some of the most important measures pro
posed and adopted by Washington. It was also supposed
that he was induced to this act by finding that Mr. Hamilton,
the Secretary of the Treasury, had more influence with the
President than himself By the request of General Wash
ington, Mr. Jefferson remained in office several months
after he tendered his resignation. Washington was under
an undue influence from no man ; but he considered the

1794] WASHINGTON. 71
plans and views of the Secretary of the Treasury, and of
War, more correct for vindicating the honor and welfare of
the United States, than those of Mr. Jefferson and Mr.
Madison. General Knox, the Secretary of War, had no
unpleasant collisions with, nor personal jealousies of the
Secretary of State, but he had perfect confidence in the pat
riotism and wisdom of the President.
In April, 1794, the President nominated to the Senate,
John Jay, then Chief Justice of the Supreme Court of the
United States, as Envoy Extraordinary to the Court of
London ; and he expressed his opinion to that body, that
the crisis dtemanded such a measure — that he had no want
of confidence in the minister from the United States then
near the British Courts, (Mr. Pinckney of South Carolina,)
but that a special Envoy might have an additional influ
ence with the government of England ; and that if he were
unsuccessful in his efforts to preserve peace, and to induce
that nation to do justice to the United States, the duty of a
resort to force, in defence of our rights, would be manifest
to the world; and that but one opinion would prevail
among the American people on the subject.
In addition to the reasons for such a mission, to which
reference has already been made, a peace had taken place,
by the advice and influence of the British ministry, between
Portugal and the Dey of Algiers — and the vessels of the
latter were thus at leisure to depredate on the commerce pf
the United States. They took several vessels belonging to
American citizens, confiscated the cargoes, and imprisoned the
crews, or obliged them to -work in their gallies. So jealous
were many persons in the United States, at that period of the
inimical disposition of England towards this country, that
they attributed the peace between Algiers and Portugal to
a design in the British Cabinet to harass and distress the
navigation and trade of America. This, however, was dis
avowed by the British ministry, and probably was not a
premeditated plan. But no one who was impartial in his
feehngs, could hesitate to acknowledge, that the Court of
London was disposed to find a plea for imposing restraints
on the commerce of the United States, whether it were in
friendship to other nations, or from hatred to France, with
which it was at war.
In the dispute with Spain at this period, the interests of
the United States, especially of the western parts, on the
Mississippi, were deeply involved; and the citizens of the
newly formed State of Kentucky, complained that their
rights were not duly regarded by the government. They

72 FEDERAL GOVERNMENT. [1794
meditated an attack on the Spanish settlements on that
river ; to which they were instigated or encouraged by M.
Genet, the French minister. They were even more un
reasonable in their complaints, and more precipitate in their
movements than the people of Maine, at a very recent
period. They resolved on the enterprise, and made prepar
ations to conduct it, without consulting the federal execu
tive; thus hazarding the peace of the United States for
their own peculiar interest. Efforts had long been previ
ously but unsuccessfully made to form a treaty with Spain,
respecting the bounds between her territory on the Missis
sippi and the United States. In 1794, Mr. Pinckney, then
resident minister at the British Court, was sent to Madrid,
and in a few months agreed on a treaty with the Spanish
government, which was accepted and exchanged in 1795,
by which the controversy was happily adjusted, and the
free navigation of the Mississippi was secured to the citi
zens of the United States.
The dangers, which then threatened the United States,
both from England and France, neither of which discov
ered a friendly, or conciliating spirit towards this country,
had induced the President to recommend measures for de
fence, should the exigency unfortunately occur to make
such preparation proper. During the first session of the
third Congress, and in April, May, and June, 1794, several
acts were passed for this purpose. The depredations on
commerce were so great, that an embargo was laid in April,
for the term of thirty days ; and at the expiration of that
period, for thirty days more. 'And before Congress ad
journed, which was in June, a law was passed authorizing
the President to impose and revoke embargoes, during the
recess of the federal legislature, and to extend only fifteen
days after the beginning of the next session. An Act of
Congress was passed at this session, for raising seven hun
dred and sixty officers and privates, for artillery and engi
neer corps, should the executive please to adopt such a
measure. And the President was also authorized to call
on the Governors of the several States for the militia, if
circumstances should render it necessary for the defence of
the country, to the number of eighty thousand in the
whole. But it was provided, that each State executive or
authority should appoint the officers of the militia. Au
thority was likewise given the President to repair and erect
fortifications at various points on the Atlantic seaboard,
from Portland to Savannah, and sixteen places were named
for that purpose. He was further empowered to build or

1794] WASHINGTON. 73
purchase ten vessels of war for defence. An augmentation
of duties on some imported goods was laid at this session ;
and an excise on pleasure carriages ; on the retail of wine
and foreign distilled spirits ; and on sales at auction. By
this Congress also, an act was passed in June, declaring it
to be a crime against the United States, with heavy penal
ties annexed, for any citizen to accept and exercise a com
mission to serve a foreign Prince or State, in war, by land
or sea ; dr for any person, within the territory or jurisdic
tion of the United States, to enlist or enter himself, or to
hire or retain another person to enlist and enter himself in
the service of any foreign Prince or State ; or to convey
him beyond the limits of the United States, so to enlist and
enter on board any vessel of war, privateer, &c. The fit
ting out of vessels in the ports and harbors of the United
States, or giving commissions to persons to command them,
which were intended to commit depredations, on other na
tions or subjects thereof, were also constituted crimes or
high misdemeanors. While the bill , for this purpose was
before Congress, it met with warm and powerful opposition
from those who were friendly to the French nation, and
wished to unite the destiny of the United States and France
in the great cause of liberty, and who had disapproved of
the neutral policy of the President. In severai stages of
the passage of the bill, the number in the Senate against
was the same as that for it, and was decided by the vote of
the Vice President, who is allowed to give a vote only when
the Senate is divided on any question. The bill was at
last passed by his casting vote ; and, but for a singular
circumstance, the vote would have been against it by a
majority of one. *
Before M. Genet, the French minister, was recalled, be
sides other highly improper acts, as interfering with the
measures of the President, directing the arming of vessels
in the ports of thp United States, and giving commissions
to persons to command them, to capture British vessels ; he
projected an attack on the Spanish territory and settlements
on the Mississippi, and instigated a number of the citizens
of the Union to engage in the enterprise -without any au
thority from the federal government, and at the direct hazard
of a war with Spain. He sent agents to the new State of
"' Mr. Gallatin was then a Senator from Pennsylvania. But his seat wa,a
declared vacant a very short time before the vote on the bill ; it having ,been
objected and proved that he had not been a citizen of that State for the number
of years required by the Constitution.
10

74 FEDERAL GOVERNMENT. [1794
Kentucky, with directions to raise men to go against New
Orleans, and other places in possession of Spain, whose
title to the river and country adjacent was then undis
turbed. The people of Kentucky readily promised to engage
in this unlawful expedition ; and the Governor of the State,
with most of the public men, encouraged the hostile project.
They presented a petition to the President, and requested
aid from the regular army ; and when this was declined,
they complained of him as unfriendly to the liberties of the
people, and insisted that the federal government ought to
dispossess the Spanish by force, and demand the free nav
igation of the Mississippi by the citizens of the United
States. They had caught the disorderly spirit of the
French minister, from his agents, sent among them ; and
seemed resolved to involve the country in war with Spain,
by invading her rightful territories. The cares and anxiety
of the President were much increased by this strange con
duct ; but his united firmness and prudence put a stop to
the projected enterprise, and averted a war with the Span
ish nation.
The opposition to the act of Congress, for an excise or
duty on distilleries and on spirits distilled in the United
States, had now been manifested in the northwestern coun
ties of Pennsylvania, for two years ; and notwithstanding
the proclamation of the President, and other measures,
short of military force, which had been adopted, to warn
the people against all further attempts or threats to prevent
the execution of the law, the conduct of the discontented
became more and more violent, accompanied by resolutions
publicly made, that the excise should not be collected,
and that they would oppose all efforts on the part of the
federal government, to carry the law into operation. The
President issued a second proclamation, to prevent, if pos
sible, the further disorderly acts of the discontented, and to
leave no suitable measure untried on his part, to preserve
the peace of the community. But in his firm resolution to
sustain the law and to support the authority of the govern
ment, he did not waver or hesitate. As authorized by an
act of Congress, agreeable to a clause in the Constitution
to call out the militia to execute the laws of the Union, he
made requisition for twelve thousand men, and soon after for
fifteen thousand, on the Governors of Virginia, Maryland,
Pennsylvania, and New Jersey, to be in readiness for
marching at his command, to quell any insurrectionary
force which might appear to oppose the due operation of

1794] WASHINGTON. 75
the laws.* Still, a preliminary measure of a pacific char
acter was adopted, which was the appointment of com
missioners, to be joined by such others -as should be se
lected by the Governor 6f Pennsylvania; who should
proceed to the discontented counties, offer pardon for past
disorders, and confer with a committee from the disaffected
citizens, for the purpose of terminating the opposition,
which had disgraced the character of the nation, and
threatened to destroy entirely the authority of the general
government. The second session of the third Congress was began an($
holden at Philadelphia in November, 1794, the time fixed
by law before the adjournment in June of that year. The
speech of the President to Congress on this occasion, referred
particularly to the insurrection in Pennsylvania, and to ex
ecutive measures for suppressing it. The constitution makes
the President of the United States Commander in Chief of
the militia when called into the service of the Union ; and
in this capacity, he had visited the places of general ren^-
dezvous, to obtain full and correct information, that his fu
ture movements with the militia might be the most proper
and efficient. While he found among some of the people a
spirit inimical to all law and order, he was gratified, he
said, to observe the alacrity and promptitude with which
the citizens generally came forward to assert the dignity of
the laws ; thereby furnishing an additional proof that they
understood the true principles of government and liberty,
and were convinced of their inseparable union. But let the
people, he added, " persevere in their patriotic vigilance
over that precious depository of American happiness, the
Constitution of the United States. And when, in the calm
moments of reflection, they shall have retraced the origin
and progress of the insurrection, let them determine whether
it has not been fomented by combinations of men, who,
careless of consequences, and disregarding the unerring
truth, that those who arouse cannot always stay a civil
convulsion ; have disseminated, from an ignorance or per-
¦* This act of Congress for calling out the militia to execute the laws of the
Union, &c. provided that the President might employ the militia of other
States, if the militia of the State wherein the combination and opposition ex-
bted, should refuse, or be found iusufficient. It also provided as a preUm-
inary to a call for the militia iu such cases, that an associate justice, or a judge
of the district court, should certify, that there was an opposition to the due exe
cution of law, which could not be suppressed without employing the militia. The
President was duly certified, that such was then the fact ; and it was also rep
resented to him that the aid of militia from neighbormg States would be neces
sary. The expense of suppressing this insurrection was $ 1,100,000.

76 FEDERAL GOVERNMENT. [1794
version of facts, suspicions and jealousies, and unfounded
accusations of the whole government."
This systematic and determined opposition to law, in
a large portion of the citizens, was a matter of deep regret
to the friends of a republican government. It was evidence
of very crude and erroneous notions of civil liberty, which,
if not corrected, would soon produce a state of complete
anarchy. Surely it needed but little reflection, to have
convinced even the common class of people, that the public
debt, necessarily incurred in the war of the Revolution,
must be paid, and the expenses of government promptly
provided for. The defensive war, on the western, frontiers,
against the Indian tribes, who were destroying the peace
able citizens in that section of the country, was also justi
fied by considerations of humanity, as well as from a re
gard to future national prosperity; and the measure required
a large increase of taxes or revenue. But the people were
persuaded into the belief, that the excise originated in
views, similar to taxes imposed on thenl by the British
parliament, in 1775 : that it was an oppressive and needless
burthen, which, as freemen, they ought not to bear. So
liable are the people to err; especially under new burthens,
and when party politicians are busy in the work of misrep
resenting the views of rulers, and in exciting the passions
of the uninformed.
The conduct of the President, on this occasion, as well
as that still more embarrassing one, presented by the treat
ment received from England and France, was a model for
all rulers and statesmen, who are chiefly desirous of the
welfare of their country. His energy and firmness of char
acter were sufficient for the crisis, in both cases ; while his
prudent and conciliating course satisfied the impartial
and reasonable, among both foreign and domestic aggres
sors. In his hands, the honor and respectability of the
nation were perfectly safe ; nor was its welfare less secure,
guarded by his wisdom and moderation. He was resolved
to support the dignity of government, and to maintain the
constitutional liberties of the people. Clamours and cen
sures, from temporary excitement, or from mistaken views
of his upright and patriotic purposes, did not move him ;
he sought chiefiy the true and permanent prosperity of the
Union, and yet he was not indifl'erent to the approbation of
the intelligent and virtuous portion of the community.*
* The sound views of the President, on this occasion, are concisely expressed
in a letter to one of his particular friends. " The real people, suddenly as-

1794] WASHINGTON. 77
The President embraced this occasion for recommending
a permanent system, by Act of Congress, for regulating the
mihtia; for arming, organizing and disciplining them ; and
thus, "to provide for calling them forth, to execute the
laws of the Union, to suppress insurrections, and to repel
invasions." He, as well as most other citizens in the re
public, even those who had assumed the military character
in defence of civil liberty,* were averse from a standing
army, and deemed a well regulated militia, consisting of
citizen-soldiers, the only safe and proper substitute, under
a free republican government.
In his speech, the President also referred to the relations
of the United States with foreign powers, and to the meas
ures he had adopted in this respect, during the recess of
Congress. Nor did he omit to invite the attention of the
legislature to the important subject of the national finances.
He recommended the adoption of some system for the grad
ual reduction of the public debt, and depicted the evils
both to government and the people, from an accumulation
thereof, which he apprehended, unless rigid economy were
observed in the public appropriations, and means were pre
pared for diminishing the national debt, even on the condi
tion of an additional impost in some cases.
The Senate expressed their approbation of the measures
which had been pursued by the Executive, and of the
vieWs which were suggested in the speech : but there were
several dissentients in that branch of the legislature, as to
the force employed in quelling the insurrection in Pennsyl
vania; and the policy pursued towards the Frencli and
British governments. In the House of Representatives
there was a small majority opposed to the views and
measures of the President; and the answer of that body to
his speech, was far from expressing a full approbation of
the sentiments advanced or the measures recommended.
Indeed, no direct reference was made to the insurrection
and its suppression, though its fortunate termination was
sembled to express their opinions on political subjects, ought never to be con
founded with self-created societies, assuming the right to control the constituted
authorities, and to dictate to public opinion. While the former are ever en
titled to respect, the latter is incompatible with all government; and must
either fall into general disesteem, or finally overturn tlie established order of
things." * It is believed that very few, if any, native citizens of the Unhed States,
were in favor of a standing army. When the Society of Cincinnati was formed,
in May, 1783, at the close of the Revolutionary war, one consideration, one
fundamental principle was, " to inculcate to the latest ages, the duty of laying
down, in peace, the arms assumed for the national liberty and welfare."

78 FEDERAL GOVERNMENT. [1794
just cause of gratitude with all good citizens, and the con
duct of the Executive deserved high commendation. The
majority also declined to express any censure on self-created
societies, referred to in the speech, as the causes, or occa
sions of dangerous opposition to government. These soci
eties were then in great favor Avith the ardent friends of
the French Revolution ; and it was not till the fall of Rob
espierre, the chief of a violent and sanguinary faction, in
that country, that the Jacobin Clubs fell into discredit both
in France and in the United States. Here, as there, their
influence had well nigh overturned the government, and
opened the flood-gates of misrule, of cruelties, and outrages,
which would disgrace the most barbarous nations. In re
jecting, by a small majority, an amendment proposed to the
reported answer to the speech of the President, the House
also refused to give its sanction to his conduct towards
England and France, and especially as to the embassy to
the former,, under Mr. Jay.
While several important measures of the President were
unnoticed, or referred to with implied disapprobation, by
the House of Representatives, they professed a readiness to
favor any practicable plan for the reduction of the national
debt. But the difficulty was perceived, by both parties, of an
efficient system, without an increase of imposts or a direct
tax, both of which would probably excite new complaints
and opposition. Direct taxes are always unpopular, while
those collected imperceptibly by way of duty on imported
goods, are voluntary, and generally paid with little discon
tent. The plan of a direct tax, was not approved, and it
was deemed impolitic to increase the excise. Nothing
therefore presented for an augmentation of the revenue, but
an addition to the duties on foreign manufactures and pro
ducts. And these were already very high, having been
augmented after the first Act for that purpose, passed in
1789. The bill, introduced into the House, for the purpose
above mentioned, though warmly, and for a long time op
posed, was passed, with some modification: which pro
vided however, for a duty on sugars refined, and tobacco
manufactured, in the United States.
The opposition to the policy and measures of the adminis
tration, which had been gathering strength for some time,
now became so powerful, as on several occasions, to decide
the vote, in the House of Representatives, against the plans
recommended by the President. Neither his patriotism,
nor his love of civil liberty, could indeed be doubted ; but
the wisdom and expediency of his public conduct, relating

1794] WASHINGTON. 79
to some highly important subjects, were called in question.
But it was very evident, that party feelings and prejudices
had too much infiuence with those who condemned the
measures of the Executive. After the excitement of the
day, when men were governed more by their feelings than
their reason, the wisdom of the President's conduct was
more fully approved and admired. The suppression of the
insurrection, growing out of an opposition to the excise
laws, by the militia, after great forbearance and repeated
attempts to dissuade the people from such dangerous com
binations, was seen to have been indispensable to the wel
fare of the Union. And the measures pursued by the ad
ministration, for maintaining a neutral position, as to the
two belligerent nations of Europe, and for averting war with
either, were allowed to have been the most proper and
effectual, both for the honor and the commercial prosperity
of the United States. The firmness of the President pre
vented hostilities with the great maritime power of Eng
land, and saved the country from an alliance offejisive and
defensive with revolutionary France, which, at that period
of anarchy and misrule, would have been fatal to the peace
and prosperity of the country. In reply to the speech of
the President, at this time, (Nov. 1794,) and in the debates
on subjects suggested to their consideration, the language
of members was almost invariably respectful towards him ;
but his measures were attacked, by severe and often bitter
censures on the Secretary of the Treasury, who it was pre
tended originated them, and was supposed to have undue
influence over the mind of the Chief Magistrate. The
talents and public services of the Secretary were so em
inent, that the discernment of the President could but
highly appreciate them ; but he had too much self-respect,
as well as practical wisdom, to be under an undue influ
ence from any man. With a great degree of sensibility
and strong feelings of personal honor, with health much
impaired by incessant devotion to public duties, and with
the desire of attending more closely to his own private
business, for the benefit of his family, Mr. Hamilton retired
from the treasury department, on the first of January, 1795 ;
having some months before, given private notice to the
President, of his wish to resign.
The resignation of General Knox, who was the first
Secretary of War, under the federal government, soon fol
lowed. He too, had received the reproaches and censures
of the opposition, on the pretence of extravagance in the
expenditures of public monies, and of indulging in theories

80 FEDERAL GOVERNMENT. [1795
inconsistent with that rigid economy which was necessary
in the republic, already burthened by a heavy debt. Per
haps his views were less practical than those of Hamilton,
but his probity, either as a public or private character, was
never doubted, and his love of republican liberty was most
sincere and ardent. During the war of the Revolution, he
had acted a useful and conspicuous part ; and by his lib
eral and magnanimous disposition had won the esteem
and affection of General Washington. And such was his
confidence and admiration towards that illustrious citizen,
that, instead of officiously advising him, except when his
opinion was expressly desired, he was always ready to
' follow the course pointed out by his chief*
If the mission of Mr. Jay, to the British Court, to pre
serve peace with that nation, and to agree on a commercial
intercourse between that country and the United State's,
was opposed as being humiliating on the part of the federal
government, the treaty, to whicli he assented, and which
the President submitted to the Senate for their approval,
was even more generally condemned as dishonorable to the
character of the nation, and highly unfavorable to its inter
ests. No express provision was made for preventing im
pressments from American merchant vessels, which had
been a subject of great and just complaint ; the obhgation to
pay the debts due to the refugees, to which some States had
objected, was renewed and recognized ; and great restric
tions were laid on the trade of the United States to ports
in the British West Indies, which it was believed would
operate very injuriously on the navigation and commerce
of the country. Only American vessels, under one hundred

* In his letter of resignation, the Secretary of War, observed, — " la what
ever situation I shall be, I shall recollect your confidence and kindness with
all the fervor and purity of affection, of wliich a grateful heart is susceptible."
The President said, in reply, on receiving his resignation, — " I cannot sutfer
you to close your public life, without uniting to the satisfaction which must
arise in your own mind from conscious rectitude, assurances of my most per
fect persuasion that you have deserved well of your country." Col. T. Pick
ering, a very distinguished ofiicer iu the Revolutionary war, and at the time,
Postmaster-General, was appointed Secretary of War, iu the place of General
Knox, in 1795; and Oliver Wolcott, of Coimecticut, was placed at the head
of the Treasury department. Edmund Randolph, sometime Attorney-General,
had succeeded Mr. Jefferson as Secretary of State, the year before, and Wil
liam Bradford, of Pennsylvania, was appointed his successor. Near the close
of 1795, Mr. Pickering was advanced to the office of Secretary of State, on
the resignation of Mr. Randolph, who found it proper to withdraw from the
Cabinet, on account of the detection of his confidential correspondence with
the French Minister, which the President highly disapproved. Mr. Mc Henry
of Maryland, was also then made Secretary of War.

1794] WASHINGTON. gl
tons, were permitted to enter the British ports in the West
Indies, with cargoes from the United States; and there
was not so fair and full reciprocity relating to commerce
as was justly desired. It was certainly far preferable to
war ; and seldom, indeed, are either the prosperity or wel
fare of a nation advanced by that last resort ; for the effect
would have been the ruin of commerce, and an immense
public debt, which would have distracted and oppressed
the people for many generations.
Meetings were held in many seaports in th^ United
States, and the terms of the treaty reprobated even by
those who had before approved the measures of the Pres
ident ; and who were entirely disconnected with the secret
societies, which had most unjustly condemned all the pub
lic acts of the administration. But these hasty expressions
against the treaty, before it was published, and when its
terms were greatly misrepresented by a few disaffected
individuals, were soon succeeded by a loyal acquiescence
in the great body of the people, who became satisfied that
it would operate more favorably than was at first appre
hended ; and especially on learning that it was approved
and confirmed by the Senate, the constitutional branch of
the government, whose prerogative it is, united with the
President, to form treaties with foreign nations.
There were serious objections to several articles of the
treaty with the Senate ; and after eighteen days consider
ation it was conditionally accepted, and that only by the
constitutional majority. After this opinion of the Senate,,
the President took several weeks to reflect on the subject,
before he gave his consent to its ratification. And then
a strong memorial against the British order, subjecting to
seizure all articles of provision, destined to French ports,
was prepared to accompany the communication of the ap
proval of the treaty. The British order was revoked, and
the ratification by that government followed. The Secre
tary of State, Mr. Randolph, was opposed to the treaty;
but the other members of the Cabinet advised to its accept
ance, with a remonstrance against the order relating to
provisions. But though the treaty, made with Great Britain, by Mr.
Jay, was accepted by the Senate and President, and, there
fore, so far as it extended, had become the law of the land,
and an obligation imposed to fulfil its conditions by Con
gress, great efforts were made to prevent the execution of
some of its provisions on the part of the United States.
Appropriations were necessary to be made by the legisla-

82 FEDERAL GOVERNMENT. [1794
ture, for carrying into effect certain Acts, stipulated to be
performed on the part of the federal government. These
appropriations were opposed, at the hazard of violating the
treaty, and of thus giving occasion for just complaint by
the British Ministry. It was said by the opposition, that
there was no other method of preventing the operation of a
treaty, made by the President and Senate, of the most in
jurious or dishonorable terms, but in the refusal of the
Representatives to make the appropriations required : and
as the popular branch of the government, they ought to
have a voice in such a case. But , it was urged, by the
friends of the administration, that the Constitution gave
the treaty -making power exclusively to the Presiderrt and
the Senate ; and that, if a treaty, duly ratified by them,
were disregarded, and any omissions to fulfil its provisions,
deliberately sanctioned by another branch of the govern
ment, the character of the nation must greatly suffer; and
no faith, no security could be justly given to a foreign
power, for the observance of any treaty or compact en
tered into with the United States. After a long and angry
discussion of the subject, in which the President did not es- ¦
cape equally unjust and dishonorable reproaches, as the en
emy of republican freedom, and the secret friend of monar
chy, the necessary appropriations were made by a vote of a
small majority ; several who were opposed to the treaty,
and desirous of a close alliance with France, even at the
hazard of a war with Great Britain, joining with the friends
of the administration, from convictions of the bad faith
which might otherwise be charged on the nation.
This was considered highly honorable to the opposition,
and gave evidence that party feelings did not govern on
all occasions. Had the motion prevailed which was offered
for withholding the appropriations required by the treaty,
the consequences would have been most disastrous to the
United States.* It would have provoked England to re
taliating and hostile measures, of incalculable injury to
America; and shown to the rulers of revolutionary France,
that the federal government was to be the servile instrument
of their will. The long established character of the Presi
dent for patriotism, and his decision and firmness, at this
* Mr. Ames, of Massachusetts, spoke in favor of appropriations for carrying
the treaty mto effect, with surpassing power and eloquence; and probably
produced an influence with several members of the House to support the
measure. With a clear head and a pure mind, he could not but perceive both
the moral and political obligations of fulfilling the conditions of the treaty.

1794] WASHINGTON. 83
critical period, saved the American Republic from a con
test, which her liberties probably would not have survived.
This unhappy division among the citizens of the United
States continued, with more or less of opposing views, on
political measures, for a long period. As in all parties,
there were no doubt honest and patriotic individuals in
each great division ; and some who were unduly infiu-
enced by selfish considerations, or strangely governed by
their prejudices. Those charged with a preference for
monarchy, or with a desire to join with England to put
down the rulers in France, were no doubt, unjustly ac
cused. They were sincere republicans : they had exhibited
the strongest proofs of their attachment to civil liberty, by
their personal services and sacrifices. But they were
alarmed by the extravagant conduct of the French nation,
and had great reason to fear danger to the republican in
stitutions of the United States, if the levelling doctrines
advocated in that country should prevail in this. And it
would be equally uncandid perhaps to suppose, that all
those who were opposed to the measures recommended by
Washington, and who expressed a strong sympathy in
favor of France, were enemies of their own country, and
would rejoice to see its government overturned. They had,
indeed, mistaken notions of republican freedom, and laid
less stress on the importance of constitutional authority
and a settled order of political affairs than was proper, es
pecially at that period of dangerous innovation and mis
rule. When such characters as Washington, and his asso
ciates in power, at that period, whose lives have given the
strongest proof of devotion to liberty, and to their country's
welfare, do not inspire confidence and secure support to
government, there can be no stability in a republic ; and
pplitical power will soon fall into the hands of the selfish
and unprincipled.
The depredations on the Commerce of the country, by
the Dey of Algiers, as well as the importance of providing
protection for the interests of those engaged in navigation,
liable as they were to injurious treatment from the nations
of Europe then at war, led to a proposition for increasing *
the naval force of the United States. The administration
was decidedly in favor of the measure ; and the President
had recommended the subject to Congress, early in 1794.
There was, however, great opposition to it, on account of
the expense, and it would be impossible, in a short time,'
to prepare a navy, which would be adequate for defence
and protection against such powerful nations as Great Bri-

84 FEDERAL GOVERNMENT. [1795
tain or Prance. It was the opinion and policy of some states
men, then high in public estimation, that it would be un
wise to attempt to create and maintain a navy sufficient to
coerce the maritime powers of Europe, or to defend the
United States from their depredations : and that it would
be most for the security and prosperity of the United States,
for the citizens to confine their labors to agriculture, and
to allow all trade with foreign countries to be conducted
by their own vessels. But a law was passed in 1795, for
the building of three frigates, which was far less of a naval
armament, however, than had been contemplated by the
administration. An additional law was enacted in 1795, on the subject of
naturalizing foreigners or aliens, who came into the United
States with the intention of becoming permanent citizens.
A longer period of residence was now required than by a
former law on the subject ; and a formal notice was made
necessary before a Court of Record, with an oath to support
it, of the intention or desire of any one to become a citizen,
three years previously to his admission. And five years
residence was required of those thereafterwards coming into
the United States, as well as an oath to support the federal
Constitution, and a solemn renunciation of allegiance to all
foreign States and governments. Only two years residence
was made necessary for those already in the United States ;
but it was required of all that they relinquish any hered
itary title, or order of nobility, which they might have
borne in the country from which they came.
In 1802, under the administration of Mr. Jefferson, the
provisions of this law were modified, so as to facilitate the
naturalization of aliens who desired to become citizens of
the United States.
At this comparatively early period of the federal govern
ment, there were some instances of defalcation in public
officers who were collectors and receivers of the national
revenue ; but very few indeed, had then occurred ; and a
law was passed by Congress to hold all such officers to a
frequent and strict accountability to the treasury depart
ment. On any delinquency in such officers, it was made
the duty of the Comptroller to require a settlement of their
accounts ; and if a prompt compliance did not follow, to
institute legal prosecutions against the defaulters. Had
such a course been continued, with fidelity and energy, by
the government through the high officers in the treasury
department, many millions would probably have been saved
to the nation. It was early recognized as an important

1796] WASHINGTON. 85
principle in the American republic, that the agents for col
lecting and receiving the public monies should account
therefor at short and stated periods.
The subject of " internal improvements," so far as re^
lated to post roads, was discussed in February, 1795, but
not so fully as at a later period ; and no formal opinion of
Congress was expressed, so as to be a precedent for future
appropriations for such purposes. A survey for a route to
convey the mail from Maine to Georgia, was proposed by
Mr. Madison ; but it does not appear that his opinion was
settled in favor of the constitutionality of the measure;, for
he did not urge it ; and he admitted that the expense would
be very great. He said it was the commencement of an
extensive work ; and he did not wish to decide at that
time. Several other members spoke in approbation of the
measure, as one highly conducive to the public convenience.
Appropriations of the public funds for such an object, or for
a great national road, like the Cumberland, designed to
facilitate the travel from the Atlantic to the western section
of the United States, have been advocated since, by those
opposed to internal improvements for sectional objects, and
such as would be local or partial in the conveniences they
would afford. It is matter of surprise that there should
have been any question as to necessary post roads.
The first session of the fourth Congress continued till
June, 1796, and was then adjourned to the first Monday of
December following. Besides the proceedings of the na
tional legislature, already noticed, other important acts were
passed, giving improvement and stability to the federal
government, for doing justice and maintaining peace with
other nations. Trading houses were established, and
agents appointed, to reside in the western territory, near the
Indian tribes, with a view to maintain a friendly inter
course with them, and to prevent individuals from all
fraudulent and improper treatment of them. Provision
was also made for, the sale of the public lands in that part
of the country. An act was passed for the protection and
relief of American seamen. The military establishment
was augmented, and fixed for the term of three years ; and
further provision was made for the reduction of the national
debt. But such were the prejudices and party feelings, then un
happily prevailing, that the best efforts of the President
and his Cabinet were opposed, or misrepresented. The
charges formerly brought against the administration as
being more friendly to the monarchy of England, than to

86 FEDERAL GOVERNMENT. [1796
republican France, and as being extravagant in the public
expenditures, were repeated in a tone of asperity and
bitterness, alike dishonorable to those who made them,
and injurious to the influence which it is important those in
authority should possess If it were only a few base and
despicable individuals who directly uttered and published
such gross charges, they were in some cases encouraged in
their hcentious vocation by men of high standing, who
claimed the respect of the nation. The situation of the
President was rendered exceedingly unpleasant and per
plexing by this inveterate opposition to his measures, ahd
by these reproaches on his public official acts for the good
of the nation. His impartial and magnanimous conduct
towards the two great belligerent nations of Europe was
not duly appreciated ; but on the contrary was most un-
candidly criticised ; and censured without the semblance of
truth or reason. A second and a third French minister,
after the revolution in that country, imitating the iniproper
conduct of the first, appealed to the passions and prejudices
of the people of the United States, to lessen their respect
and confidence in the President; and many justified, as
well their interference with the measures of the federal
administration, as the unjust claims of the French govern
ment on the gratitude and support of the United States.
New ambassa;dors were appointed in 1796, to the court
of Great Britain and to the government of France. Mr.
Munroe was recalled from France, on the charge of delay
ing or partially stating the explanations which the Presi
dent had directed him to make to the French government,
relating to some measures of a commercial nature which he
had adopted, and of which the men then in power in
France complained. It was supposed that Mr. Munroe
had yielded too much to his sympathies for that nation, or
to the intrigues or threats of its rulers. Charles C. Pinck
ney, of South Carolina, was appointed to succeed him; who,
it was believed, would be decided and faithful in support
ing the interests and the character of the United States, and
at the same time would not be disagreeable to that nation,
on account of any partiality for the British government.
At this time, also, Mr. King of New York, was selected for
ambassador to the court of London, in the place of Thomas
Pinckney, of South Carolina, who had requested leave to
return to the United States.
As the second term of years, for which General Wash
ington had been elected President, was now drawing to a
close, he expressed more strongly than ever, to his partic-

1796] WASHINGTON. 87
ular friends, his desire and purpose to retire from public
life. His advanced age* furnished one consideration for this
resolution; and he expressed the opinion also, that the
time for an individual to occupy the chair of chief magis
trate, in an elective, republican government, should not be
extended to a long period. He had reason moreover to
hope, that the difficulties both with England and France
would be removed ; or be less dangerous in future to the
peace of the United States. But should new disputes arise,
he was not disposed to admit that others might not meet
them with proper discretion and firmness. When, therefore,
some of his friends urged him to be again a candidate for
the presidency, from solely patriotic motives, he was not
persuaded that it Avas his duty to comply with their advice.
In September, 1796, he publicly announced his determina
tion to decline being a candidate for the presidential chair
at the approaching election ; and gave his parting advice
to the people of the United States, in which he eloquently
expressed his ardent wishes for the continuance of their
liberty and prosperity, and urged them to cherish a sacred
regard for the Constitution, and for the preservation of the
Union.f The prominent candidates for the presidency were John
Adams of Massachusetts, and Thomas Jefferson of Virginia.
The former, it was well understood, would mainly pursue
the policy of Washington ; and the latter would favor
measures of a different character, in some points of impor
tant and general interest. Mr. Jefferson was considered
partial in his feelings and views towards the French gov
ernment, and Mr. Adams as more friendly to Great Britain
than a citizen of the American republic ought to be. These
* In March, 1797, he would be in his 67th year.
t His conviction of the necessity of religion and morality will be perceived
from the following extract. "Of all the dispositions and habits which lead to
political prosperity, religion and morality are indispensable supports. In vain
would that man claim the tribute of patriotism, who should labor to subvert
these great pillars of human happiness, the firmest props of the duties of men
and citizens. The mere pohtician, equally with the pious man, ought to re
spect and cherish them. A volume could not trace all their connections with
public and private felicity. Let it simply be asked where is the security for
property, for reputation, for life, if the sense of religious obligations desert
[do not attend] the oaths which are the instruments of investigation in courts
of justice. And let us with caution indulge the supposition, that morality can
be maintained without religion. Whatever may be conceded to the influence
of refined education on minds of a peculiar structure, reason and experience
both forbid us to expect that national morality can prevail in exclusion of re
ligious principles?,' The excesses and crimes of infidel France, at that period,
not improbably suggested these most just and salutary remarks.

88 FEDERAL GOVERNMENT. [1796
were the prevailing and popular opinions of the day ; and
however unjust they might be, they had an unhappy influ
ence on the great body of the people. It cannot be doubted,
however, that Mr. Jefferson was more disposed to conciliate
the French rulers, or to adopt measures to gratify them,
than many intelligent politicians deemed proper ; or that
Mr. Adams considered it highly important to avoid a war
with England, and a close alliance with France, as was
the wish of his opponents, when there was no stability in
its government, and when successive revolutions were dis
tracting and convulsing that nation.
While the presidential election was pending before the
people, in the latter part of the year 1796, the French min
ister had the presumption to interfere, (and not very indi
rectly,) by publishing an address to the people of the United
States, reminding them of their obligations to France ; and
strongly intimating that they ought to elect a chief magis
trate who was known to be friendly to that nation, instead
of one who was not disposed to favor it, while it was con
tending for the rights of man. Very improper reflections
were made on the character of Washington and his meas
ures ; and a different political course; it was suggested, was
necessary to preserve the friendship of the French govern
ment. The political friends of, the administration con
demned in strong terms such improper conduct ; and to the
honor of many of those in the opposition, at that time, this
interference of the French minister was disapproved, as
dangerous to the independence of the United States ; and
the influence which it was intended to produce was lost
upon the people generally. I
Congress met again the first Monday of December, 1796,
as provided by the Constitution ; and the address of the
President on the occasion was highly characteristic of
Washington, at once temperate, dignified, and firm. The
speech fully proved his strong conviction that the course
he had pursued was the most honorable and proper, and
most conducive to the welfare and prosperity of the United
States. The great and increasing opposition to his meas
ures did not induce him to waver in the full expression of
his political opinions and views, with regard either to the
past or the present.
He referred to the restoration of tranquillity in the west
ern parts of Pennsylvania, which had been the scene of
forcible opposition to the laws, from great discontent of the
act laying an excise on spirits of domestic manufacture • to
the efforts made, and in some degree successful, for a more

1796] WASHINGTON. 89
humane and pacific system toward the Indian tribes within
the territory of the United States ; and gave a general
statement of the measures which had been pursued in ful
filment of treaties with foreign nations.*
The speech referred more particularly to the conduct of
the French government, in authorizing or suffering its ships
of war to cause embarrassments and injuries to the com
merce of the United States, especially in the West Indies ;
and expressed an apprehension that further difficulties
might, arise to the American trade and navigation. " It
has been my constant, my sincere, and earnest desire," he
said, " in conformity with that of the nation, to maintain
cordial harmony, and a perfectly friendly understanding
with this republic. This wish remains unabated; and I
shall persevere in the endeavor to fulfil it to the utmost ex
tent of what shall be consistent with a jiist and indis
pensable regard to the rights and honor of our country ; nor
will I easily cease to cherish the expectation, that a spirit
of justice, candor, and friendship, on the part of that repub
lic, will eventually ensure success. In pursuing this course,
however, I cannot forget what is due to the character of
our own government and nation ; or to a full and entire
confidence in the good sense, patriotism, self respect, and
fortitude of my countrymen."
In this speech, the President recommended to the atten
tion of Congress an increase of the navy, as necessary for
the safety of the country, with so extensive a seacoast ex
posed to foreign powers, and as a protection to the com
merce of the United States. Every member of the admin
istration, at that time, was in favor of an increase of the
naval establishment ; and yet what appears to have been
so important and essential, found dissentients in the party,
which had then opposed the leading measures of government
for five years. Mr. Adams, the Vice President, was de
cidedly and warmly in favor of such a measure; and Gen
eral Knox, while Secretary at War, had expressed the same
opinion with Mr. Adams.
The solicitude of President Washington for the adoption
of some plan or measures for reducing the national debt
was also expressed, in this his closing speech to Congress,
by reiterating his admonitions on this subject. A work of
magnitude had been performed, by the federal government,
* The treaty with Algiers had stipulated the payment of money, as a con
dition of their forbearance to depredate on the American commerce. It was
the only method to negotiate with that nation, and to save the'citizens of the
United States from imprisonment and slavery.
12

90 FEDERAL GOVERNMENT. [1796
within the eight years of its operation, by restoring the
credit of the nation by paying the interest of the public
debt, and discharging the current expenses of government.
The original debt to foreigners had also been paid ; but
new loans had been made for that purpose, though on more
favorable terms, than attended all former ones. To keep
up the credit of the country, it was in his opinion necessary
to provide for an augmentation of the revenue, and to ob
tain loans at a still less rate of interest. In a time of peace,
and with a large increase of population, he believed that
good policy dictated a reduction of the public debt, rather
than to allow it to accumulate, or to remain as it was, as a
burden to the next generation, which might have new and
extraordinary expenses to provide for.
When Washington retired from office, the nation lost the
services of an able politician, a sincere patriot, and a faith
ful and ever watchful chief magistrate ; one who combined
in a peculiar degree a high sense of national honor and
dignity, with great economy in public expenditures, and
personal simplicity and purity of character. During the
eight years of his wise and upright administration, the fed
eral government was made instrumental of all the benefits
and blessings, which the most sanguine had anticipated ;
and political and general stability succeeded a period of
national degradation and imbecility, which, in 1786, had
alarmed those least likely to despair.

1797] ADAMS. 91

CHAPTER V.
John Adams elected President, and Thomas Jefferson Vice President. Po
litical Parties more strongly marked. President and Vice President of dif
ferent Political Views. Embassies to France. Preparations for War with
that Nation. Great Opposition to President Adamses Measu res. Provisional
Army. Direct Taxes. President's Message, 1799. Opposition in Penn
sylvania to Direct Tax. Measures to suppress it. Conduct of Executive ap
proved by the Majority of Senate and House. Laws of Congress, 1799 —
1800. Bankrupt Law. Defensive Measures. Indiana made a Territory.
Additional Laws to prohibit Slave Trade. Increase of Routes for the Mail.
Opposition to Navy and to other Defensive Measures. Envoys to France.
Treaty Conditionally Confirmed. Last Session of Congress, during the
Presidency of Adams. His Address to Congress. W. Marshall Secretary
of State, and Chief Justice. Presidential Election, 1800, Warm and Active.
Mr. Adams received a plurality of the votes of the elec
tors for President, and Mr. Jefferson, fpr Vice President ;*
and they were inducted into office on the fourth of March,
1 797. Th6 two great political parties in Congress and in
the nation Avere almost equally balanced ; and the admin
istration was constantly embarrassed by a powerful oppo
sition. For Mr. Adams pursued the policy of his prede
cessor, which it was well understood he had invariably
approved ; and it was to be expected; that he would fail to
please where the former had been opposed and censured.
The rulers of France did not meet the friendly assurances
of Mr. Pinckney, in an amicable spirit ; but continued to
complain of the United States as ungrateful, and to rise in
their demands for direct aid, as due tO their forbearance to
inflict greater injuries, as well as for the services of that na-
* Mr. Adams was a delegate from Massachusetts to the first continental
Congress, September, 1774 ; and he and Mr. Jefferson were of the committee
of that august body, in 1776, which reported the Declaration of the Independ
ence and sovereignty of the United States. In 1778, he was appointed Envoy
to France ;, in 1780, to Holland ; and in 1784, to England ; being the first
minister from the United States to that Court, soon after the peace of 1783, in
which he was one of the negotiators. He performed the Jiigh and arduous
duties of these several stations, with great ability, fidelity, and uprightness.
He returned to America in 1788, and was the first Vice President in the fed
eral government, and held the office during the whole time Washington was
chief magistrate. Mr. Jefferson wag chairman of the committee of Congress
to prepare the Declaration of Independence, was several years a distinguished
member of that assembly ; sometime Governor of Virgiiiia, his native State ;
a minister to France in 1785, '86, and '87 ; aud first Secretary of State in the
government of the Union, which he held till his resignation in 1794.

92 FEDERAL GOVERNMENT. [1797
tion in the American struggle for independence. They
knew they had a powerful party in the United States, dis
posed to support their wishes for a close alliance between
the two countries, and for united hostihties against Great
Britain. In 1797, Mr. Pinckney obtained leave to retire .
from France, as he could not, with his sentiments of pa
triotism and national honor, submit to the demands made
upon the government of the United States, as the price of
the promised favor of tliat nation ; which were as improper
in manner, as extravagant in principle. But in this pro
tracted and unhappy dispute, a 'large party in the United
States constantly justified the demands and the measures
of the French rulers, and condemned or disapproved the
conduct of the federal administration.
When Mr. Adams was inducted into the office of Presi
dent, he offered a merited tribute of praise to his illustrious
predecessor, for his political wisdom and fidelity. Having
spoken of the Constitution of the United States, and of the
republican institutions of the country, and noticed the
abuses which might take place from the prevalence of a
licentious spirit, he observed, " The people of America
have exhibited a most interesting system of government,
to the admiration and anxiety of the wise and virtuous of
all nations, for eight years, under the administration of a
citizen, who, by a long course of great actions, regulated
by prudence, justice, temperance,' and fortitude ; conduct
ing a people inspired with the same virtues, and animated
with the same ardent patriotism, and love of liberty, to in
dependence and peace, to increasing wealth, and unexam
pled prosperity ; has merited the gratitude of his fellow
citizens, commanded the highest praises of foreign nations,
and secured immortal glory with posterity. In that re
tirement, which is his voluntary choice, may he long live
to enjoy the delicious recollection of his services, the grati
tude of mankind, the happy fruits of them to himself and
the world, which are daily increasing, and that splendid
prospect of the future fortunes of his country, which is
opening from year to year. His name may bestilla ratn-
part, and the knowledge that he lives a bulwark, against
all open or secret enemies of his country's peace." *
Before the close of the fourth Congress, March, 1797,
provision was made, by law, for the meeting of the next
* It is a remarkable fact, that, in June, 1775, when the Contmental Con
gress were about to choose a commander-in-chief of the American army
raised, and to be raised, for the defence of our liberties, Mr. Adams proposed
George Washkgton, who received the unanimous vote of the members.

1797] ADAMS. 93
Congress, on the first Monday of November, of that year;
but as the relations of the United States had become more
critical and embarrassing with France, owing to the ex
travagant demands and the unfriendly measures of those then
in power in that nation, and of the apprehensions, perhaps
justly entertained, of a declaration of war by that govern
ment, or of acts of hostility, equally injurious to America,
President Adams called Et meeting of the federal legislature
to be holden on the fifteenth of May.
Mr. Pinckney was treated with personal disrespect, and
the government of the United States severely reproached,
in the communications which were pfficially made to him
by the French Directory. It was probably intended so to
wound his feelings and his national pride, as to induce
him to quit his station, and thus to give a new occasion
for complaint against him. But his desire to conciliate, if
possible, the rulers of France, or a hope that others might
succeed to power there, who would be desirous to treat the
United States as an independent nation, induced him to
remain, until he received an order from the Directory to
depart the country.
This conduct of the French rulers served to convince
many citizens of the United States, with all their gratitude
and friendship towards that nation, that France could not
be conciliated without too great sacrifice, or too much hu
miliation. The terms proposed by the Directory, for the
continuance of national friendship, were highly unreason
able; and its language to the representative of the Ameri
can government, expressed too much of an insolent spirit
to find justification or apology.
Had there been any stability in the French government
from 1793 to 1798 ; had it been only changed from an ab
solute monarchy to a republic ; and had the claims of the
rulers of France on the gratitude and friendship of the
United States, been reasonable and just, there would have
been no serious difficulties between the two nations. The
federal administration was friendly to the French people,
and to a republic ; and would never have interfered with
their government in any of its rapid and extraordinary
changes; but it could not perceive that it would be con
sistent with safety, or that any obligation existed, to com
ply with the extravagant demands which were made on
the American States.
The President communicated to Congress the recent
instances of unfriendly and threatening, declarations of the

94 FEDERAL GOVERNMENT. [1797
French rulers towards the government of the United_States
and of indignity to their minister, who had been deputed
with the most sincere desires for maintaining peace and
amity with that nation. They had also issued ne-w orders
for depredations on American commerce, more unjust and
injurious than any former regulations. He therefore re-
commxcnded the adoption of more efficient measures for de
fence ; at the same time declaring his desire and purpose
to preserve peace, if possible, by further negotiation.
The sentiments of the speech were approved by both
branches of the national legislature ; several members who
were generally found in the opposition, voting in favor of
resolutions for supporting the honor of the country, in con
sequence of the unreasonable and insolent conduct of the
French rulers.
It was still the policy of the administration and of the ma
jority in Congress to maintain a neutral position, and to
avoid war with both the contending nations of Europe.
An Act was passed in June, 1797, to prevent citizens of
the United States from fitting out and employing vessels as
privateers, against nations on terms of peace and amity
with the American government. And as, in some in
stances, the dissatisfaction of the French ministers was. so
great that they had encouraged depredations on vessels be
longing to American citizens, by those sailing under their
commissions, the law prohibited such practices, on a heavy
penalty, and long imprisonment. The exportation of arms
and ammunition was also forbidden at this period, and en
couragement giveii for the importation of all such articles.
Authority was given by Congress at the same session, to
the Presidept, for detaching eighty thousand of the militia,
to be in readiness for the defence of the country ; and to
accept of independent and volunteer companies, as a part
of the number required. It was however provided, that
the militia should not be compelled to serve for a longer
term, at any one time, than three months; and that the
authority thus given to the President should be limited to one
year. At the same session. Congress also provided for a naval
force, though not so liberally, and to such an extent, as
most of the friends of the administration proposed. The
authority given the President for this object, was only to
order the preparation and employment of three large
frigates then nearly finished. These ships were of large
burthen for vessels usually of that class and name ; being

1797] ADAMS. 95
of sufficient size to carry forty -four guns, and with men and
marines proportionate to the number of guns, and the di
mensions of the vessels. President Adams was decidedly
in favor of a liaval armament, as a proper and cheap de
fence of the country ; especially as war, if it came at all,
would be made by one of the great maritime and naval
powers of Europe. Had a greater number of vessels been
fitted out and armed by the United States, at that period,
it must have been followed by more respect for the Ameri
can government, from nations then disposed to do injustice,
or to be dictatorial towards this rising republic.
To meet the extra expenses, arising from these measures
for national defence, duties were imposed on stamped pa
per and parchment, used for public purposes of various
kinds, by merchants, and by others, engaged in lucrative
pursuits, and in some cases, by those in office, whose
business it was to prepare legal instruments, necessary in
pecuniary contracts, or in executing the duties prescribed
by law.
This was an unpopular measure, although the public
exigencies required an additional revenue. It was perhaps
less objectionable with the common class of people, than a
direct tax on lands and houses, which was imposed soon
after. With the very name of a stamp-act, was asso
ciated the idea of tyranny and oppression, from the time
the British Parliament laid such a tax in 1765. But it
was difficult to raise money by loans, and the proceeds
from imposts was less, than for several former years of the
federal government, as many vessels were taken and' con
fiscated both by the British and French ; and the mercan
tile part of the community were less engaged in navigation
on that account. That the federal legislature had author
ity from the Constitution to raise a revenue in this way,
could not be justly doubted ; biit the administration was
charged with having unwisely pursued a policy which re
quired large additional expenses to the nation ; and every
measure proposed to raise money, was opposed and con
demned by those of different political opinions. The ma
jority, however, still approved and justified the conduct of
the administration,, in resisting the unreasonable and ex
travagant claims of the French rulers. An additional duty
was laid on salt, which bore most heavily on the Eastern
States, where the consumption was very great, compared
to other parts of the Union, on account of their extensive
fisheries. But a drawback was provided of a greater
amount, on salt provisions, and pickled fish exported ; and

96 FEDERAL GOVERNMENT. [1797
an allowance made to the owners of vessels employed in
the codfisheries.
Agreeably to his declaration of making further attempts
tp preserve friendly relations between the United States
and France, the President, with the consent of the Senate,
appointed three eminent citizens as Envoys to France ; *
instructing them to prevent a war with that nation, and
to maintain an amicable intercourse with its government,
if it could be effected on terms " compatible with the rights,
duties, interests, and honor of the American people." The
instructions to the Envoys were, " to seek peace and recon
ciliation by all means not incompatible with the honor and
faith of the United States ; and without violating any na
tional engagements, or consenting to any innovation on the
internal regulations for preserving peace and neutrality,
which had been deliberately and justly adopted ; or. sur
rendering the rights of the American government."
These Envoys were received with no better nor more
friendly spirit than had been manifested, in their treatment
of Mr. Pinckney, when recently the only representative
from the United States at the Court of France. It was at
tempted to detach them from each other, and to learn the
sentiments and views of each, by separate and secret in
terviews. The principle adopted by the Directory was
that on which the politicians of old European governments
had frequently ^cted, " to divide and conquer." They
were evasive and equivocal in their official conversations ;
and in their intercourse, by private agents, sought to draw
forth concessions which might be represented as contra
dictory when compared. And it soon became evident to
two of the Envoys that no treaty could be made, on terms
which would be either honorable or just for the United
States to accept. The French ministry-were so much mis
taken in the character of the American government, and
had so little respect for their own, that they demanded or
requested a douceur ; but the suggestion was rejected with
just indignation. The patriotic sentiment, expressed by
Mr. Pinckney, on this occasion, — "Millions for defence,
but not a cent for tribute," — met with a cordial response
in the breast of every independent citizen of the United
States. Messrs. Pinckney and Marshall requested leave
of the President to return, and about the same time they
were ordered, by the French Directory, to quit the territo-
* C. C. Pinckney was re-appointed, as one of these, and Elbridge Gerry,
of Massachusetts, and Wm. Marshall, of Virginia, were the other two.

1797] ADAMS. 97
ries of theZ republic ; but Mr. Gerry, their colleague, was
invited to remain, and to renew the negotiations. He
deemed.it proper to comply with the request ; in the hope,
no doubt, of finding a more friendly disposition in the Di
rectory, and of receiving sonde suitable propositions for a
treaty between the two governments. Of the discretion of
this act in one of the Envoys, when two of them judged it
improper to reside any longer near the court of France,
different opinions were expressed at the time ; and it was
in vain that he continued to receive further communica
tions from the Directory, as he could not agree to any
terms proposed, compfitible with the dignity, honor or in
terests of the United States. Agreeable to instructions froin
the President, Mr. Gerry, left France in October, 1798,
about six months after the departure of his colleagues.
He was unable to make^any favorable impression on the
French government, and though attempts were made to
gain him to their purpose, by flattery, he displayed a good
degree of caution, while he remained, and yet he put a
more favorable construction on their language than most
others could admit.
In July, 1798, it was solemnly declared and enacted by
Congress, that the treaty with France, made in 1778, which
stipulated a guarantee of the French possessions in Amer
ica by the United States, was not obligatory upon the fed
eral government, in consequence of numerous injuries in
flicted by the rulers of that nation on the American com-
« merce, and of oth^r violations of the treaty On their part.*
This was considered an extraordinary act, as the treaty -mak
ing power was exclusively vested in the President and Sen
ate ; but it Was contended, that the Constitution did nOt for
bid the legislature from annulling a treaty, which had beefi
repeatedly violated by the other contracting power. The
treaty with France had been made by Congress under the
confederation, which np longer existed; and as the,Con-i
stitution was silent on the subject of rendering void a treaty
so made, it devolved on the national legislature to interfere
and to give its official sentence in the case.
* The preamble to this Act of Coiigress was as follows, — " Whereas the
treaties concluded between the United States and France, have been repeat
edly violated on the part of the French government; and the just_ claims of the
United States for reparation of the injuries committed, have been refused, and
attempts ta negotiate an amicable adjustment of the complaints ,'between the
two nations have been repelled with indignity ; and as 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 «f a
free and independent nation,-^therefore &c. "
13

98 FEDERAL GOVERNMENT. [1798
In this state of the country, Congress adopted further
measures for defence, from an expectation that the Rulers
of France might project an invasion ; and attempt to sub
due the United States by their conquering arms, as they
had then done a great part of Europe. Even while the
last of the three Envoys lingered in France to improve
any occasion, which might present, for concihation, French
ships of war were depredating on American commerce ;
and that a vessel bore the flag of the United States, was suf-
ficent inducement to capture and condemn them. Orders,
similar to those issued by the British government, injurious
to the commerce of neutrals, to which the French Direc
tory said the United States ought not to submit, were
adopted by the rulers of France, subjecting to seizure all
American vessels having British goods or products, or
which had sailed from British ports.
The President manifested a truly patriotic spirit on this
occasion; but while he declared a determination to perform
his part, in vindicating the rights and honor of the nation,
he expressed a strong desire for peace, and said he would
seize any opportunity which might occur for renewing
negotiations with France. A regular and permanent army
was now ordered to be raised ; and the President was au
thorized to organize twelve additional regiments of infan
try, a regiment of cavalry, a regiment of artillery, and a
regiment of engineers, to serve as long as the difference
should continue with the French government. And power
was also given the federal executive to build, purchase, or
hire twelve vessels, besides those then belonging to the
United States, sufficiently large to carry twenty guns each.
Though these measures for defence would necessarily in
crease national expenses, there was a very general ex
pression of approbation by the people in every part of the
Union. When the French Directory perceived that the govern
ment of the United States was not to be intimidated into
submission to their plans, and would not sacrifice the in
terests and rights of the nation in compliance with their
unjust demands,* they manifested a disposition to enter
" To show the mistaken opinion of the French rulers, respecting the senti
ments of the American people, as well as of the administration, they expressed
a belief that the majority in the United, States would acquiesce in the claims
of France, and would oppose their own government. But the reverse of this
was the fact. The people were desirous of peace with France, and rejoiced
in the prospect of a more mild and free government there, which the revolu
tion held out at an early period ; but they had no respect or sympathy for the

1798] ADAMS. 99
into fresh negotiations. They gave informal and indirect
intimations to the American Minister in Holland, that if
Envoys should be again appointed, they would be duly ac
credited, and diplomatic intercourse be held with them.
On this intimation, the President promptly expressed a
readiness to institute another embassy to the French gov
ernment. For though he had declared, on the rejection and
ill treatment of the former envoys, that he would not ap
point others until he had assurances they would be re
ceived as the representatives of a free, powerful, and inde
pendent nation, he was not indisposed to meet overtures
from the rulers of France for renewing negotiations.
Such a measure could not justly be considered inconsis
tent with the declaradon previously made, under the cir
cumstances attending it, and which called it forth ; and it
is not to be doubted, that the President was desirous to
avert the calamities of war, and to preserve peace with apow-
erful nation, the friendly ally of the United States, at a pe
riod of extreme difficulty and danger. The only question
which arose was, whether the intimation given, and the
manner in whicli it was communicated, were such as to
justify the, policy and propriety of the measure he proposed.
For the proposal from the Directory, was to receive Mr.
Murray, then Minister in Holland, if he should be ap
pointed ; which was in effect to select the individual who
was to negotiate with them. They might also deny, that
they had given authority for such a promise or intimation.
It would have been similar to their conduct with respect to
the late Envoys, on their statement tp the President that pro
positions highly reprehensible (for a loan and a douceur, as
the condition of even commencing negotiations with them)
had been made them. It was denied by the French Min
ister, M. Tallyrand, that any such proposition had ever
been made by the authority of the Directory. And Mr.
Gerry, one of the Envoys, was treated with great disrespect
and rudeness by that Minister, on this account.
The President first proposed to send Mr. Murray, as sole
Envoy, according to the intimation he had received ; but
the Senate hesitalted to approve the nomination ; he then
named two others to be joined with Mr. Murray in the
French rulers in 1796, '97, and '93; and their attachment to their own govern
ment and to the liberty and honor of their country led them to strong resolu
tions in support of the administration. The most patriotic addresses were
presented to the President from all parts of the Union, tendermg their support
of the measures for defence adopted by Congress and by the executive.

100

FEDERAL GOVERNMENT. [1798

embassy, and the consent of that body was then given to
their appointment*
The second session of the fifth Congress (the first was a
special session in June, 1797,) which was began in Novem
ber, 1797, continued to 26th of July, 1798. And several
important laws were passed, having reference to the crit
ical state of the country,— for the protection of navigation,
for maintaining neutrality, for defence of the seacoast, in
the event of an invasion,t and for an additional land and
naval force, and for a direct tax on real ' estate, to render
the revenue equal to the expenses of the occasion. A law
was also passed in June, 1798, to suspend the commercial
intercourse between the United States and France and her
possessions. And merchant ships were allowed, under
certain restrictions, to be armed in their voyages either to
the West Indies, or to European ports. Most of these acts
and measures were warmly opposed by a portion of the
Representatives, and several were finally adopted by small
majorities. J
Provision was made by law during this session of the
national legislature, for the office of a Secretary of the
Navy ; rendered more necessary at this time, on account
of the employment of a far greater naval force than at
any former period of the government. George Cabot, of
Massachusetts, was first appointed to that important office,
in May, 1798 ; but he declined, and Benjamin Stoddart, of
Maryland, was soon after called to that station. The navy,
though comparatively small at that period, rendered great
service to the commerce of the United States ; and the per-
* These were Oliver Ellsworth, of Connecticut, and Wm. R. Dawe, of
North Carolina. And Judge Ellsworth was the first named of the three. Pat
rick Henry, of Virginia, was first appointed, but declined on account of feeble
health and advanced age, and Governor Davie was appointed in his room. In his
note, declining the appointment, Mr. Henry says, — " I entertain a high sense
of the honor done me, by the President and Senate. I esteem it an agreeable
and flattering proof of their consideration towards me. Nothing short of abso
lute necessity could induce me to withhold my feeble aid from an administra
tion, whose abilities, patriotism, and virtue, deserve the gratitude and rever
ence of all their fellow-citizens."
t The places designated to be fortified, were Boston, Newport, New York,
Baltimore, Norfolk, Charleston, and Savannah.
t Congress gave its consent, by a special law, at this session, to an act of
the State of Massachusetts, for incorporating certain persons to keep a pier in
repair, erected at the mouth of Kennebunk iriver in Maine, and granting au
thority to lay a duty on vessels, for reimbursing the expenses of erecting and
maintaining it. The cage may appear not sufficiently important to require this
express permission and "enactment; but it was probably considered proper to
have the consent of the federal government, as its jurisdiction extended to all
maritime and commercial subjects.

1798] ADAMS. 101
mission to the merchants to arm their vessels in self-de
fence, saved a large amount of property on the ocean from
capture and confiscation.
When it was determined to raise a provisional army, in
1798, as a necessary measure for defence of the country,
on the second refusal of the French rulers to negotiate with
the American Envoys, and after they had uttered repeated
threats to invade or revolutionize the United States, it was
a question, suggested alike by policy and good judgment,
who should be selected as Commander-in-Chief It must
be a citizen of assured patriotism, of experience, and one
who possessed the entire confidence of the nation. The
President was soon determined in the choice of General
Washington, for this highly important and responsible sta
tion. But it was doubtful, whether he would accept, at
hjs time of life, and with his known predilection for retire
ment the residue of his days. And it was a matter of deli
cacy, even to make the proposition to him. Yet when it
was made, he did not hesitate long in coming to a decision.
The same love of country and the same ardent and disin
terested disposition for its welfare, which had induced him
to take command of the American armj'-, in 1775, and to
undertake the difficult and arduous duties of Chief Magis
trate of the Union, in 1789, still animated his breast : And
he consented to receive the commission from the President,
as Lieutenant General and Cornmander-in-Chief, of the
army, then proposed to be raised ; on the condition, how
ever, that his service in the field would not then be required,
and that no expense should be incurred, except for the
support of his table and household, while in actual service.
The sacrifice he thus made, at the call of the country, was
duly appreciated by his fellow-citizens ; while the act itself
afforded full proof of his approbation of the measure adopted
by the administration ; and yet the people needed not this.
additional evidence of his sincere patriotism, or of the pro
priety of the policy which had been pursued by the fed-.
eral government. The crisis did not arrive which rendered
it necessary for Washington to take the field ; and in the
course of the following year, a treaty was made with
France, which put an end to the military preparations in
the United States. An army, however, was raised in
1798, as voted by Congress, and General Hamilton, of
New York, was the immediate and active commander,
being next in rank to Washington, when the officers were
appointed ; and who was recommended by him for that
station. The other principal miUtary officers, vrho XQ-'

102 FEDERAL GOVERNMENT. [1798
ceived commissions in the provisional army, were C. C.
Pinckney, of South Carolina, H. Knox, of Massachusetts,
H Lee of Virginia, J. Brooks, of Massachusetts, W. Wash
ington, of South Carolina, Jon. Dayton, of New Jersey,
Eben. Huntington, of Connecticut, W. R. Davie, of North
Carolina, A. W. White, of New Jersey, John Sevier, of
Tennessee, and W. North, of New York.
Two Acts passed by Congress, in 1798, called the Ahen,
and Sedition laws, met greater opposition than any other
measures adopted at that time. The objection to the sedi
tion law was, that it restricted the liberty of speech and of
the press : which was an arbitrary interference with the
right of the citizens to express freely their opinions on all
public and political measures. It was said, in justification
of the law, that the grossest falsehoods were uttered and
published, tending to deceive the people and to excite their
prejudices unduly, to the danger of the peace of the nation ;
that those in power, and the majority in Congress were
anti-republican, and in favor of high taxes and an arbitrary
government : And the government ought to take measures
to protect its rightful authority, and maintain the peace of
the republic : And, that the law expressly provided, in
mitigation of the common law on libels, that the truth, if
proved, should be a justification of the pubhcation. It was
afterwards doubted, whether the law was politic in a free
country, where some instances of licentiousness in the press
were to be expected. And it was judged that the common
law would have been sufficient to prevent the evils which
existed, which were undeniably great and extensive, and
might have been resorted to in extreme cases of falsehood
and abuse of the government.
The law empowering the President to order Aliens, who
were found or supposed to be conspiring against the peace
and authority of the United States, to depart its territories,
was severely condemned, as it gave power to the execu
tive to judge and decide, without the usual process of law,
and without what might be considered strict legal proof in
the case. The power was thought extremely liable to
abuse, and such as might easily be exercised in a capri
cious and arbitrary manner. This was a strong objection ;
but the apology for the law was, — that the persons thus
liable to be required to leave the country, were not citizens,
^had no just claims to a continuance here,— and that their
residence, with the views they had, and the opinions they
published, endangered the welfare of the nation, for which
it was the imperious duty of Congress to 'provide. The

1798] ADAMS. 103
opposition to these laws was very great, not to say intem
perate, in sonie parts of the country. In Virginia and
Kentucky, the legislature declared them to be direct and
gross infractions of the Constitution, artd appealed to the
other States to join in opposition to them. At the next
session of Congress, numerous petitions were presented for
a repeal ; but without avail at that time.
In his speech to Congress, at the beginning of the ses
sion, in December, 1798, the President referred to the polit
ical relations of the United States with the French gov
ernment ; and while he recommended the continuance of
measures for national defence, he declared his desire for
reconciliation and peace with France, and a hope that
negotiations might be recommended for that purpose. To
attain an honorable treaty, he said, it was necessary to be
prepared for war, and to show- the world that, we were not
^ a degraded nor a divided people. The speech was dictated
by a truly patriotic spirit, manifesting alike a desire for
peace, and a resolution to maintain the rights and interests
of the nation.* He referred also to the, report of commis
sioners, who had been appointed to ascertain the bounds of
the United States and the British Provinces of Nova ScOtia
and New Brunswick. They had " fixed on the Schoodic,
as the true St. Croix intended in the treaty of 1783 ; as far
as its great fork, where one of its streams come from the
westward, and the other from the northward ; and that the '
latter was the continuation of the St. Croix to its source.
This decision (he said) would preclude all contention be
tween persons claiming that the Schoodic and its northern
branch bound the grants of lands, which have been made
by the respective adjoining governments."
The sentiments expressed by the President, in his speech
to Congress, relating to France, were fully approved by the
Senate, and by the majority of the Representatives ; though
some members of the House discovered a determination to
Oppose any further measures for the defence of the country,
on account, as they said, of preventing an increase of taxes
on the people, and being in expectation of a speedy resto
ration of good will on the part of the French government.
It- was ordered by Congress, however, that the provisional
army should be filled up, and the naval force augmented
* General Washington, was present on this occasion, in the Representatives
room, accompaned by Generals Pinckney and Hamilton. They were then at
the seat of the federal government, to consult with the President on further
arrangements respecting the provisional army.

104 FEDERAL GOVERNMENT. [1798
by building or purchasing more vessels to be armed for the
service of the nation. The direct tax was ordered to be
collected, for replenishing the public treasury ; and other
measures were adopted, with a wise precaution, to meet
any danger which might arise. Citizens found holding
correspondence with foreign governments or their agents,
on political subjects, and designed to influence their con
duct to the injury of the United States, were declared hable
to a heavy fine, and to imprisonment ; but at the same time
individual rights were guarded from infringement. And an
additional Act was passed for suspending commercial in
tercourse between the United States and France, but lim
ited to the period of one year.
The proposition for increasing the naval force of the
United States, now met with more favor in Congress, than
at any former period. The President was authorized to
build six large ships of war, of seventy-four guns ; and
six sloops of war, of eighteen guns ; and one million of
dollars was appropriated for the purpose. The Secretary
of State was directed to make an annual report, respecting
American seamen, impressed and detained on board foreign
vessels, as he might be able to ascertain by consulting the
collectors of imposts through the United States. And if
any acts of cruelty or severity were known to be com
mitted on American citizens, so impressed, or captured, the
President was empowered and requested to cause due re
taliation to be made on subjects of other nations, who were
taken warring upon the vessels of the United States.
Difficulties still existing on the western and southern
frontiers, between inhabitants of the United States and the
Indian tribes, an additional law was passed for regulating
trade with the tribes, and maintaining a friendly inter
course with them. Measures were taken for fixing the
bounds between lands belonging to the United States, and
those in possession of the Indians, or claimed by them, and
not formally relinquished to the federal government. The
inhabitants were forbid crossing such lines or going into
the Indian territory to hunt, &c;, on the penalty of impris
onment, or payment of one hundred dollars. And all acts
of injustice and trespass, against the Indians, and on their
territory, were made punishable in the federal Courts.
Overt acts of opposition to the law for a valuation of
lands and houses, were committed in some of the north
western counties of Pennsylvania ; and on representation
to the President, he called on the Governor of that State
for the militia, to suppress the lawless proceedings. The

1798] ADAMS. 105
Governor promptly comphed with the requisition; and the
insurrection was soon suppressed.*
The envoys, appointed early in 1799, to the French gov
ernment, did not leave the United States till November.
Satisfactory assurances were not given to the President till
October, that they would be received ahd treated as the
agents of an independent and powerful nation ; such being
the condition stated when he proposed to the Senate to
make another attempt to negotiate with France, and to
avoid the evils of war. To some extent hostilities had
commenced on the ocean between the two nations ; though,
on the part of the United States, it was entirely defensive.
Depredations on ' the American commerce had been com
mitted for two years, and immense property taken and con
fiscated. In 1798, several frigates, and some smaller public.
armed vessels, were fitted out in defence of the mercantile
interests, and upwards of three hundred private vessels
were armed by permission of the government, for self-'
defence, when pursuing their lawful enterprise on the
ocean. Several French ships of war -vyere captured by thfe
public vessels of the United States, in l799. Still war had
not been declared by either government, and many in both
nations did not fail to cherish hopes of reconciliation, so as
to prevent the continuance of such a disastrous state of
things. The federal administration was always sincerely
desirous of maintaining peace and a friendly intercourse
with France ; and, in this disposition, the President pro
posed to institute another embassy to that government, on
the first intimation that the proposal on his part would be
met in a similar spirit.
But, as already observed, the proposition was considered
improper and injudicious, by some of the political friends
of the administration, though the majority of the people
commended the measure. Some of the opposition also ap
plauded the President for the act, as it afforded full proof of
the sincerity of his repeated professions, that he was averse
from war with the French nation. Still the dissatisfaction
expressed was so great, on account of the absence of that
full and direct assurance Avhich ought to be required, that
other envoys would be duly respected, that the President
deemed it proper not to direct those who had been ap-
* There were, at this period, two hundred Newspapers published in the
United States; one hundred and seventy-eight or eighty were in favor of the
federal administration; about twenty were opposed to most of the leading
measures then adopted — and the greater portion of these were under the con
trol of Miens. 14

106 FEDERAL GOVERNMENT. [1799
pointed, to proceed to France for several months. If a
prompt and friendly consideration of the proposal was
judicious in the President, it was equally so to suspend
his directions to the Envoys to proceed on the embassy, till
he had more unequivocal and offifcial assurances of their
favorable and respectful reception. There was a great
degree of sensibihty manifested on this occasion ; and the
President was considered as precipitate in his compliance
with the proposal of the French Ministry, at the first mo
ment of his knowledge of it. And it was, unhappily, the
cause of leading some good citizens to lessen their confi
dence in the firmness and judgment of the Chief Magis
trate. But the great majority of his former friends adhered
to him, who believed that public opinion and the political
state of the nation justified his conduct. The measures for
defence, which had been authorized by Congress, both as
to completing the military force on land, and vessels of
war for the defence of commerce, were carried into effect
by the Executive in the course of the summer. The ships
of war constituted a respectable naval force, especially for
defence, though not equal to meet the navy of England or
France. The provisional army, designed for defence, in
the event of an invasion, was duly organized; and th,e
great body of the people were animated with a lofty spirit
of patriotism, which was alike honorable to the- character
of the citizens and to the government. But near the close
of the year, the sudden death of the Commander-in-Chief,
spread a deep gloom over the whole country. Never did
the decease of an individual, in any age or nation, excite
so sincere and universal lamentation. And never, perhaps,
had the public services and virtues of any man, whose his
tory is on record, so justly entitled him to the gratitude,
respect, and admiration of his countrymen.
At the meeting of Congress, in December, 1799, the
speech of the President, was received with almost entire
approbation by both branches of the national legislature.
He referred to the resistance which had been made in some
parts of Pennsylvania to an Act of Congress directing a
valuation of houses and land preliminary to a direct tax ;
and to the means used to suppress it — to the removal of
restrictions on the commercial intercourse with the island
of St. Domingo, in pursuance of authority given him by
Congress — to proceedings of the commissioners under the
late treaty with Great Britain, and to the difficulties attend
ing the full and speedy execution of some parts of it— to
the progress made in erecting the public buildings in the

1799] ADAMS. 107
District of Columbia, for the accommodation of the na
tional government — and to his late directions to the En
voys to proceed to France, on having received official as
surance from the French government, that they would be
duly respected and negotiations be renewed.
The answer of the Senate was short, but expressive of
their entire approbation of the political course of the Pres
ident. That of the House, prepared by a Committee, of
which Mr. Marshall, of Virginia, was the Chairman, — ^and
which fully indicated the sentiments of the majority in the
United States, at that critical period, — contained the fol
lowing paragraphs : —
" That any portion of the citizens should permit them
selves to be seduced by the arts and misrepresentations of
designing men into an open resistance of a law of the
United States,* cannot be heard without deep and serious
regret. Under a Constitution where the public burdens
can only be imposed by the people; for their own benefit,
and to promote their own welfare, a hope might have been
indulged, that the general interest would have been too
well understood and the general welfare too highly prized,
to have produced in any of our citizens a disposition to
hazard so much felicity, by the criminal effort of a part, to
oppose, with lawless violence, the will of the whole. While
we lament that degree of depravity, which could produce
a defiance of the civil authority, and render indispensable
the aid of the military force of the nation, real consolation
is to be derived from the promptness and fidelity With
which the aid was afforded. The zealous and active co
operation with the judicial power, , of the volunteers and
militia called into service, which has restored order and
submission to the laws, is a pleasing evidence of the at
tachment of our f61l0w-citizens to their own free govern
ment, and of the truly patriotic alacrity with which they
will support it.
"Highly approving, as we do, the pacific and humane
policy which has been invariably professed and sincerely
pursued by the Executive authority of the United Staters,
a policy which our best interests enjoined, and of which
honor has permitted the observance, we consider as the
most unequivocal proof of your inflexible perseverance in
the same well-chpsen system, your preparation to meet the
first indications, on the part of the French Republic, of a
* Alluding to the resistance in Pennsylvania to the Act of Congress fojr
raising a direct tax. -

108 FEDERAL GOVERNMENT. [1799
disposition to accommodate the differences between the two
countries, by a nomination of ministers, on certain condi
tions, which the honor of our country unquestiona,bly dic
tated, and which its moderation had certainly given it a
right to prescribe. When the assurance, 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 proceed on their mission,
was on your part, a completion of the measure, and mani
fested the sincerity with which it was commenced. The
uniform tenor of your conduct, through a life useful to your
fellow-citizens, and honorable to yourself, gives a sure
pledge of the sincerity with which the avowed objects of
the negotiation will be pursued on your part ; and we
earnestly pray that similar dispositions may be displayed
on the p^rt of France. The differences, unhappily sub
sisting between the two nations, cannot fail, in that event,
to be favorably terminated. To produce this end, to all so
desirable, firmness, moderation, and union at home consti
tute, we are persuaded, the surest means.
" The character of the gentlemen you have deputed, and
still more, the character of the government, which depufes
them, are safe pledges to their country, that nothing in
compatible with its honor or interest, nothing inconsistent
with our obligations of good faith or friendship to any other
nation, will be stipulated.
" With you, sir. we deem the present period critical and;
momentous. The important changes which are occurring,
the new and great events which are every hour preparing
in the political world, the spirit of war which is prevalent
in almost every nation, with whose affairs the interests of
the United States have any connection, demonstrate how
unsafe and precarious would be our situation, should we
neglect the means of maintaining our just rights. Respect
ing, as we have ever done, the rights of others, America
estimates too correctly the value of her own, and has re
ceived evidence too complete that they are only to be pre
served by her own vigilance, ever to permit herself to be
seduced, by, a love of ease, or by any other considerations,
into that deadly disregard of the means of self-defence,
which could only resuh from a carelessness, as criminal as it
would be fatal, concerning the future destinies of our grow
ing republic. The result of the mission to France is in
deed uncertain. It depends not on America alone. The
most pacific temper will not always ensure peace. We
should, therefore, exhibit a system of conduct, as indiscreet

1799] ADAMS. 109
as it would be new in the history of the world, if we con
sidered the negotiation happily terminated, because we
have attempted to commence it ; and peace restored, be
cause we wish its restoration. But, however this mission
may terminate, a steady perseverance in a system of na
tional defence, commensurate with our resources and the
situation of our country, is an obvious dictate of duty.
Experience, the parent of wisdom, and the great instructer
of nations, has established the truth of your position, that,
remotely as we are placed from the belligerant nations, and
desirous as we are, by doing justice to all, to avoid offence
to any, yet nothing short of tlie poXver of repelling aggres
sions, will secure to our country a rational prospect of
escaping the calamities of war, or national degradation."
The session of the federal legislature which commenced
December, 1799, was continued to the middle of May,
1800. Besides the additional acts for the defence of the
country, and the protection of commerce, several important
laws were adopted, which serve to illustrate the leading
spirit and objects of the general government. An Act was
passed for maintaining pacific relations with the Indian
tribes, and for the punishment of those who should attempt
to seduce them to hostilities against the inhabitants of the
United States. Persons liable to imprisonment for debt, on
a judgment 6f the federal courts, in civil actions, had the
same privileges allowed, as in most of the States, which
was, liberty of the prison yard, or limits, and the taking
of the poor debtors' oath, as it was usually called, in cases
decided by the courts of the United States, .except when the
debt was due to the government. A bankrupt law was
also enacted at this session of Congress, which had been
proposed, and strongly advocated, at several preceding
meetings of the legislature. A bill for the purpose had
been passed by the House of Representatives, a year be
fore, but did not receive the concurrence of the Senate. In
the House there were several merchants, and others, ac
quainted with the changes and reverses of those engaged
in mercantile enterprises, who urged the adoption of such
a law ; for they believed that both justice and humanity
required it ; and pressed their arguments from the fact,
that in most of the commercial nations in Europe, similar
laws were in operation. ,
In 1794 a law was passed by Congress, in accordance
with the President's proclamation of neutrality, prohibiting
the citizens of the United States from all military expedi?
tions, on land or sea, against any foreign nation?, with-

110 FEDERAL GOVERNMENT. [1799
which the States were at peace ; and from receiving and
acting under any commissions for such hostile purposes,
except by express authority from the federal government.
The officious interference of French agents at that period,
and the excited feelings of a great portion of the people,
who were eager to engage in enterprises in aid of France,
rendered such a law necessary, to preserve the public
peace. This law being about to expire, by the express
terms of limitation, was, at the present session, continued
for an unlimited time. During the same meeting of Con
gress, the President was authorized to accept a cession of
the jurisdiction of the territory, called the Western Reserve
of Connecticut, and lying west of Pennsylvania, being a
large tract of land within the present limits of the State of
Ohio, and excepted by the State of Connecticut, from the
grant made by that State, of lands claimed by it, in the
Northwest Territory. And he was even empowered also
to issue letters patent to the government of Connecticut,
for the use and benefit of such persons as were then settled
on the said Reserve, under authority of that State. At the
beginning of this session of Congress, a delegate from the
people in the Northwest Territory appeared, and was al
lowed a seat, with a right to speak in the House, but not
to vote,* He was the first instance of a delegate or mem
ber of Congress from a Territory, and not of a State. But
many similar instances have occurred since that time.
The Northwest Territory was divided at this session of the
national legislature, and that part northwest of the Ohio
river, which lies westward of a line — beginning opposite the
mouth of Kentucky river, and running thence to fort Re
covery, and thence north, till it intersects the line between
the United States and Canada — was made a separate Terri
tory, and called Indiana ; and a temporary government
provided for it. .
A law of the federal legislature, passed in March, 1794,
prohibited the carrying on of the slave trade, by citizens of
the United States, in any ways or places, under severe
forfeitures and penalties. It made all Vessels, owners,
shipmasters, and seamen, concerned in transporting slaves
from the United States, and in conveying them from one
country, or port, or place, to another, liable to be forfeited
fined, or imprisoned. In May, 1800, an additional law
was enacted on this subject, more explicit and more exten-
* This delegate was W. H. Harrison, then quite a young man. Two vears
after, he was appomted Governor of that Territory.

1800] ADAMS. m
sive in its operation than the former. Additional duties
were laid, at this session of Congress, on sugars, molasses,
and wines. An- Act was passed for a new census to be
taken of the inhabitants; and ^br erecting forts at some
other places on the seacoasts than those then fortified. An
additional law relating to the Post Office department was
also passed ; the rapid increase of the towns, and the great
number of entirely new plantations, rendered new routes
for conveying the mail, very important and useful. The
President was empowered to suspend measures provided
for defence, by an increase of the naval and land forces,
whenever the state of the belligerant powers of Europe,
and especially the policy of France towards the United
States, should, in his opinion, justify it.
Though no expensive measures, except those for na
tional defence, were adopted, and though the President had
manifested a sincere desire to prevent open hostilities with
France, even to some condescension in appointing a new
embassy, as many of his political friends supposed ; strange
as it may appear, those opposed to the administration, by
secret and incessant efforts gained strength and new adhe
rents : and as public dangers became less pressing and less
imminent, they were more clamorous and bold in their
censures. It was pretended that the great expenditures for
a navy and an army were unnecessary and impolitic, as
peace might have been always maintained with France
had- the federal administration been sincerely desirous of it;
and that the burden of new taxes, and excise might have
been avoided, had not the Executive adopted unwise or
improper measures. Taxes are always considered griev
ances by the people ; and it is only when they do not per
ceive them to be absolutely and immediately necessary for
the support of liberty, that they submit to them without
complaint. And the feelings of the people generally in the
United States were so engaged on the side of regenerated
and republican France, as it was called in 1793 — 98, that
they were ready to suppose all were enemies to liberty
who opposed any of the extravagant, violent, and arbitrary
conduct of its rulers. Their strong prejudices and their
immediate interests were against the administration, and in
favor of the opposition, led by self-styled reformers, from
whom they expected relief from taxes, and the enjoyment of
greater freedom.
Such is the general character of mankind. They are
naturally jealous of those in power, consider little of the

112 FEDERAL GOVERNBIENT. [1800
necessary expenses of government, are impatient of re
straint, easily excited, ready to listen to, and liable to be
deceived by, such as profess to be their special friends and
the asserters of civil liberty. Their great error consists in
want of due inquiry, and just discrimination. They de
cide hastily, and, therefore, often erroneously. And their
best friends will probably be censured and reproached,
while such as make strong professions, and declaim most
loudly in the cause of political freedom are applauded and
followed. In 1798, it appeared to be almost the universal
sentiment of the people, that the conduct of the administration,
and the measures adopted by Congress, were proper, wise,
and necessary. Before the close of 1800, without any
change of policy, or extravagance in public expenditures, or
charge of passing arbitrary or oppressive laAvs, the majority
in the national legislature were found to be the opponents
of the administration, and the popular voice was in condemna
tion of the measures which had been pursued and approved.
There were some men of talents and of plausible political
theories, who were constantly engaged in making misrepre
sentations, and in exciting the prejudices of the people. They
had false views of human nature, and represented man as
needing little or no restraints from law and government.
They professed to believe that human governments ought
to have far less power, than was common, and the people
more freedom; that riots and excesses might sometimes be
witnessed ; but that the good sense and virtue of the people
would suppress them. The exhibition of the disorders and
extravagances, of the cruelties and outrages in France, for
six years, under the sacred name of hberty, failed to con
vince them of their erroneous theory, and of the necessity
of authority in civil government, to guarantee the full en
joyment of freedom to all the people.
Sometime after the American Envoys reached Paris,
where they proceeded, on receiving direct assurances of
being received with due respect, three commissioners were
appointed by the French government, to treat with them.
Napoleon Buonaparte was then First Consul ; and the
rulers having been recently changed, professed a strong
desire to be on terms of peace and friendship with the
United States. Joseph Buonaparte, a brother of the First
Consul, was one of the commissioners. A treaty was pre
pared, and signed the first of October ; and afterwards re
ceived formal ratification by the French government, and a
conditional agreement by the President and Senate' of the

1800] ADAMS. 113
United States.* It related cliielly to the compensation, to
be made by the French government for depredations on the
American commerce ; but not to thc extent, nor embracing
the whole period of such depredations, as urged and claimed
by the federal government. Tliese claims it was stipulated
should be considered at a subsequent time ; but the treaty
of alhance of 1778, and the convention of a later period,
November, 1788, were to have no effect thereafter; and the
future relations and intercourse of the two nations were
particularly defined and regulated. It ivas a great objec
tion to the treaty, that it did not definitely and expressly
stipulate indemnification for recent depredations by French
vessels on the commerce of the United States, which were
very extensive, and very severely felt ; and on this account
was not fully confirmed by the Senate. Such provision
had been made in the treaty with Great Britain in 1794 ;
and yet that treaty was condemned as humiliating and
dishonorable, by the French party, at that time. The claims
of the United States on France were not, indeed, abandoned ;
and the friends of the administration refrained from all de
nunciations and clamors against the treaty, in the confident
belief that the President and Senate would not give it their
sanction, should it be found derogatory to national rights,.
or injurious to the interests of the mercantile community.
So desirous was Mr. Adams of avoiding a war with
France, and of maintaining pacific relations between the
United States and that nation, that his efforts for those ob
jects were censured by some of his fellow-citizens ; and he
was represented as not sufficiently firm and decided in sup
porting the honor of the American government. The
charge was alike unjust and impolitic. Mr. Adams was
well aware of the instability of the French government, at
that period, and of the improper conduct of the rulers of
that nation in 1798, to commit himself by any unreasonable
confidence in their promises ; and much less of placing the
destinies of the United States in their hands. ;But, like a
wise statesman, he considered the feelings of the great body
* The President was disposed to ratify the treaty as it was originally ap.
proved by the Envoys, in wliom he had great confidence, and being apprehen
sive of the result of a conditional acceptance. But the majority of the Senate
were opposed to two articles, and suspended them for further negotiation.
When the conditional ratification was sent to France by Mr. Jefferson, soon
after, who succeeded Mr. Adams on the fourth of March, 1801, he appointed
Mr. Vans Murray, and Mr. John Dawson of Virginia, to negotiate on llie sub
ject of those two articles. The treaty was submitted to the Senate in Decem
ber, 1800, soon after it was received by the President, but the Senate did noi
give a final decision till near the close of the session in March.
15*

114 FEDERAL GOVERNMENT. [1800
of the people towards France, and would leave no rea^n-
able efforts untried for peace and reconciliation. Ihe
people generally approved of his policy. And it -was his
pecuhar honor to receive the entire approbation and confi
dence of General Washington at that critical period.
The second session of the sixth Congress was held at
Washington city, in November, 1800, and the last address of
President Adams to the national legislature, at the opening
of that session, contained the following impressive remarks :
"I congratuiate the people of the United States on the
assembling of Congress at the permane?it seat of their gov
ernment ; and I congratulate you, gentlemen, on the pros
pect of a residence not to be changed. It would be unbe
coming the representatives of the nation to assemble for the
first time in this solemn temple, without looking up to the
Supreme Ruler of the universe, and imploring his blessing.
May this territory be the residence of virtue and happiness.
And in this city, may that piety and virtue, that wisdom
and magnanimity, that constancy and self-government,
which adorned the great character, whose name it bears,
be forever held in veneration. Here, and throughout our
country, may simple manners, pure morals, and true re
ligion flourish forever.
" You will see this the capital of a great nation, which is
advancing with unexampled rapidity, in arts, in commerce,
in wealth, and in population ; and possessing within itself
those energies, and resources, which, if not thrown away,
or lamentably misdirected, will secure to it a long course of
prosperity and self-government.
" While our best endeavors for the preservation of har
mony with all nations will continue to be used, the expe
rience of the world, and our own experience also, admonish
us of the insecurity of trusting too confidently to their suc
cess. We cannot, without comjiiitting a dangerous impru
dence, abandon those measures of self-protection, which are
adapted to our situation, and to which, notwithstanding
our pacific policy, the violence and injustice of others may
compel us to resort. While our vast extent of seacoast,
the commercial and agricultural habits of our people, the
great capital they will continue to trust on the ocean, sug
gest the system of defence, which will be most beneficial to
ourselves, our distance from Europe and our resources for
maritime strength, will enable us to employ it with effect.
Seasonable and systematic arrangements, so far as our re
sources will justify, for a navy adapted to defensive war,
and which, in case of necessity, may quickly be brought

1800] ADAMS. . 115
into use, seem to be as much recommended by a wise and
true economy, as by a just regard for our' future tranquility,
for the safety of our shores, and for the protection of our
property committed to the ocean.
" The present navy of the United States, called suddenly
into existence by a great national exigency, has raised us in
our own esteem ; and by the protection afforded to our com
merce, has effected to the full extent of our expectations,
the object for which it was created.*
" In connection with a navy, ought to be contemplated
the fortification of some of our principal seaports and har
bors. A variety of considerations, which will readily sug
gest themselves, urge an attention to this measure of pre
caution. To give security to our principal ports, consid
erable sums have already been expended, but the works re
main incomplete.
" I observe, with much satisfaction, that the product of
the revenue, during the present year, has been more con
siderable than during any former equal period, •[¦ The re
sult affords conclusive evidence of the great resources of the
country, and of the wisdom and efficiency of the measures,
which have been adopted by Congress for the protection of
commerce and the preservation of public credit.
" As one of the grand community of nations, our atten
tion is irresistibly drawn to the important scenes which
surround us. If they have exhibited an uncommon portion
of calamity, it is the province of humanity to deplore, and
of wisdom to avoid the causes which may have produced
them. If turning our eyes homeward we find reason to re
joice at the prospect which presents itself; if we perceive
the interior of our country prosperous, free, and happy ; if
we enjoy in safety, under the protection of law, emanating
from the general will, the fruits of pur own labor, we ought
to fortify and cling to those institutions, which have been
* At this period, the naval establishment consisted of 5 large frigates, of 44
guns each — 4 frigates of 36 guns — 2 frigates of 32 guns — 4 ships, carrying 24
guns on main deck, and 8 on quarter deck — 8 sloops of war, of 20, or 22 guns
— 3 do. of 18 guns — 2 of 16 guns — 5 of 12 or 14 guns — 33 in all— besides 17
gallies. t By the exhibit of the Secretary of the Treasury, at close of year 1800,
therewasthe sum of 3,000,000 dollars in treasury ; though part was of unex
pended appropriations. The expenses for 1801 , were estimated at five and half
million dollars— 2,340,000 of it for navy department. For civil list $600,000. —
But for the navy, and the arming of merchantmen, (opposed by those not in
favor of Adams's administration,) the revenue would not probably have been
half the amount; yet his measures were represented as highly injurious by his
political opponents.

116 FEDERAL G0VERN3IENT. [1800
the source of so much real felicity, and resist, with unabating
perseverance, the progress of those dangerous innovations,
which may impair their salutary influence."
The President gave Congress information, at this time,
that a treaty had been made with the King of Prussia,
solely and chiefly for commercial objects ; and that the pro
visional army had been disbanded, or reduced, as author
ized by the national legislature, at their preceding session.
The most important acts of Congress at this meeting, held
from November to the third of March, were the following —
An additional law relating to tho federal Judiciary, by which
district circuit courts were established to be holden by Jus
tices different from the Justices of the Supreme ( Jourt, and the
Judge of a District Court ; the circuits or districts to be six in
number ; each to consist of several adjoining States, to con
sist of three Justices in each circuit or district ; and to have
appellate jurisdiction in appeals from the District Courts,
instead of appeals, as by the former law on the Judiciary,
to a tribunal composed of a Justice of the Supreme Court
and the District Judge ; which was considered not so favor
able to an independent decision, owing to the organization
of- that Court. The circuit courts established by the law
were invested with all the powers before granted to the
former circuit courts, composed as above stated. An act
for a naval peace establishment, by which the President
was empowered, when he should think it safe and proper,
to sell the ships of the United States, except thirteen of the
largest frigates ; that six of these be hauled up and dis
mantled; and the others retained in service, properly
officered and manned, as he might direct. An act for con
tinuing the mint establishment in Philadelphia; and for
directing the mode of estimating foreign coins ; for extend
ing routes for conveying the public mails ; and for erecting
several ne-w lighthouses on the seacoasts.
The subject of erecting a mausoleum or monument to the
memory of Washington, was frequently discussed in Con
gress during this session. A mausoleum was first pro
posed, but the expense was an objection with many • it was
however, voted by the House of Representatives, to erect a
mausoleum, and one hundred thousand dollars appropriated
for the purpose ; but the Senate rejected the plan, and de
cided in favor of a monument, as it would be less expen
sive, and voted only fifty thousand dollars to complete it
Near the close of the year, 1800, Mr. Wolcott resigned
the office of Secretary of the United States treasury, and
left the national finances in a prosperous condition. ' He

ISOO] ' ADAMS. 117
requested an examination of his official conduct, while Sec
retary ; which was accordingly made by a committee of the
Representatives, and found to have been entirely correct
and faithful. Samuel Dexter, of Massachusetts, was ap
pointed to that responsible office, which he held about a
year, when he voluntarily retired from its onerous duties.
(InlSOO, John Marshall, ofVirginia, was appointed Secretary
of State, by Mr. Adams; and in February, 1801, the office
of Chief Justice of the United Slates being vacant, he was
selected for that high and important station. The feeble
health of Mr. Ellsworth had iudijced him to resign some
months before ; when John Jay, who was the first Chief
Justice of the Supreme Court of the United States, was
again appointed, but declined the office. The selection of
Mr. Marshall was very judicious and fortunate ; for the
purity and stability of that department of the federal gov
ernment was considered as the chief support for the main
tenance of justice, and a due interpretation and adminis
tration of the laws of the Union.
The presidential election occupied the public mind, du
ring the whole year 1800. It was a subject of deep in
terest to all, and with many the occasion of great excite
ment. The candidates for that high office were President
Adams,^ and Mr. Jefferson, then Vice President. Mr.
Adams received the support of those who had approved of
his leading measures for the four preceding years ; and
very generally of those who were the political friends of
Washington's administration. For though he adopted the
pacific but magnanimous policy of that illustrious man,
and received his approbation, while he lived, the conduct
of Mr. Adams in instituting a new embassy to France in
1799, was severely and bitterly censured by a few individ
uals of high standing in the federal party. They were re
spectable for their talents and patriotism; but they were
too assuming, and aimed to exercise more influence than a
few men ought to do, in a republican government. The
majority of the citizens approved of the conduct of Pres
ident Adams, on this difficult occasion ; and probably, his
rejection of the overture of the French rulers would have
produced a^ fatal division in the United States • and thrown
the government into the hands of men entirely devoted to
the views of revolutionary France. It is true, that not
withstanding this conciliating measure of the President, the
federal administration was changed ; but his conduct, ap
proved as it was by a great portion of the people, served as
a check on the policy of his successor, in restraining him

118 FEDERAL GOVERNMENT. [1801
from the adoption of measures still more subservient to the
will of the French government, than any which he publicly
pursued. Whatever were the secret views of Mr. Jefferson,
he was too wise not to regard the wishes and opinions of
the majority of his fellow citizens ; and whatever were his
partiahties for the French nation, would not designedly
compromit the interests and honor of the United States.
The election of Mr. Jefferson* was proof of a great change
of sentiment in the people, within two years. At the close
of 1798, or beginning of 1799, Mr. Adams would have had
a large majority of the suffrages of the electors. But such
is the instabihty and uncertainty of public opinion, es
pecially when gross misrepresentations are made, and the
prejudices and passions of the people are addressed, rather
than their understanding.
By the prudent and pacific, yet firm and decided meas
ures of the federal government, for twelve years, the char
acter of the United States had become highly respectable
among the greatest statesmen of Europe. Its policy ex
hibited a happy union of energy and magnanimity ; and it
was respected alike for its wisdom and power. The nation
was placed in a commanding attitude of defence, while liber
ty and peace and improvement were every where witnessed
within its jurisdiction. Public credit had been fully estab
lished ; and able and faithful men had been, selected for the
public agents ; men, whose patriotism had been proved by
eight years service devoted to their country's welfare.
* Mr. Jcfierson and Aaron Burr had an equal number of votes for President
and Vice President ; and the election of President devolved on the Repre
sentatives, as provided by the Constitution, in such case. More than thirty
trials were had before a choice was made. The friends of the late adminis
tration generally supported Mr. Burr, believing him to be more in favor of the
policy before pursued, especially on the subject of commerce.

ISPI] JEFFERSON. Hg

CHAPTER VI.
Mr. Jefferson elected President. His Professions and Opinions. Treaty with
France Confirmed. Removals from Office for Political Sentiments. Naval
Force. President unfriendly to it. Laws of 1801 — 1802. Repeal of
Laws establishing Circuit Courts, and laying Excise and Internal Taxes. State
of Public Finances. Purchase of Louisiana. Objections to the Measure.
Disputes with England and Spain. Danger of Spanish War.
Under President Jefferson, the heads of the great depart
ments of the government were changed, nor was there any just
reason to complain of this measure ; as they formed a part
of his political council ; and, as the chief executive officer
of government, he had a perfect, right to select his confi
dential friends and advisers. But, when afterwards, and
within a few months, he removed able and upright men
from offices of a subordinate grade, his conduct was con
sidered improper and arbitrary, and as partaking somewhat
of the right of prerogative, usually claimed and exercised
by royal princes. The new administration professed
to be governed by more democratic principles than the for
mer ; but it was denied, that its measures were more in ac
cordance with the Constitution, or more stricdy republican.
A large portion of the people were pleased, because they
were flattered; but no evidence appeared that they were
benefitted by a change of rulers. Mr. Jefferson was not
considered to have cordially approved of the federal Con
stitution ; and in some of his private letters he had ex
pressed the opinion, that the government it provided ap
proached too nearly to monarchy to receive his assent.
When he took an oath to support the Constitution, no doubt
he was sincere ; with the qualification, however, in all such
cases understood, of giving it a construction for himself
And he never appeared averse from the exercise of power
vested in the chief executive officer of the government.
In some instances, his opponents believed he exceeded his
legitimate authority ; as in the case of withholding com
missions from persons appointed by his predecessor, after
being approved by the Senate, but which had not been
issued from the State department at the time of his inau
guration ; and still more, in the purchase of a large terri-

120 FEDERAL GOVERNMr.NT. [1801
tory, not within the limits of thc United States without
direct authority from the national lec;islarure. In his inau
gural address, Mr. Jefferson said, " We have gained little,
if we encourage a political intolerance as wicked as im
politic. We are all brethren of the same principles ; we are
all republicans, and all federalists." Yet in less than fifty
days, he removed fourteen federal officers, without any al
legation of unfaithfulness or inefficiency: on the plea
indeed, that his predecessor had removed two public offi
cers, on account of their political opinions ; and had ap
pointed none to office in the government but such as were
of the same sentiments and views as the administration.
" Few died, and none resigned," he said ; and therefore, to
equalize public offices between the two great political parties,
it was necessary, in his opinion, to remove a part of those
then employed, and to appoint others more friendly to the
new administration.
For a very few of the removals, there might have been
sufficient or justifiable reasons offered; but in most in
stances, the changes were made merely for political opin
ions, and these not at all affecting the real republican
character of individuals. In some cases, the officers of the
revolution were superseded by sons of Tory refugees. The
chief recommendation to a candidate was his making court
to and flattering the administration. The principle was
essentially exclusive and intolerant ; and it served as a
dangerous precedent to others, who might be in power at a
future time, or over smaller portions of the Union. It was
imitated, and probably furnished an apology for the gov
ernors of several States afterwards, in removing faithful
public agents, of undoubted republican sentiments, and re
warding their zealous supporters, with the spoils of success
ful electioneering warfare.
The treaty made with the French government, by Mr.
Ellsworth and his associates, in 1800, and conditionally
confirmed by the federal administration early in 1801, was
sent to Paris soon after, by President Jefferson. There
was some delay and hesitation on the part of the French
rulers, in accepting the conditions and modifications pro
posed by the Senate of the United States. But it was con
firmed in the course of the year. The American govern
ment was released from the obligations of the treaty of al
liance with France of 1778, by which it had guaranteed
the French possessions in the West Indies : and the non-
fulfilment of which had been the owXj just cause of com
plaint against the federal government ; but indemnification

1801] JEFFERSON. 121
was not made for the extensive depredations on American
commerce by the French vessels, any farther than by the
way of a compromise, for giving up alleged claims arising
from the guarantee made in the treaty of 1778.
Robert R. Livingston, of New York, who had been chan
cellor of that State, was appointed Envoy to France, in
1801, with full powers to negotiate on all subjects in dispute
between that nation and the United States. He remained
some time near the French government ; and was the min-
isterwho stipulated forthe purchase of Louisiana, in 1802-3;
an event of great importance to the United States, though
.at the time of doubtful validity arising from Constitutional
principles. During the years 1800 and 1801, there was a misunder
standing between the commissioners of England apd the
United States, appointed to .adjust the claims of citizens, of
the latter, under the treaty of 1794 ; and all proceedings re
lating to the subject were suspended for sometime. But
after due explanations, the business was again commenced,
through the prudent and able influence of Mr. King ; then
the American minister at the Court of London, and soon
terminated to the satisfaction of the federal government,
and pf the merchants, who were particularly interested in
the fulfilment of the terms of the treaty. The amount they
awarded and received of the British government for spoli
ations on the commerce of the United. States, in 179,3 and
1794, was very great ; and must have convinced every im
partial and reasonable man, that the negotiation instituted
by the federal administration in 1794, under Washington,
was far more wise and, beneficial than war; or non-inter
course, for which some strongly contended at that period.
The President was accused not only of undue partiality
in his appointments to office, but of arbitrary conduct in in
terfering with the due process of law. In the case of an
individual, Duane, the publisher of a paper in Philadelphia,
who was prosecuted for a libel on the Senate of the United
States, which had been brought in the federal Court, under
a law of Congress called the sedition law, the President
ordered the attorney for government to discontinue the
action ; and it was accordingly dismissed. This act of the
executive was deemed to be an improper interference with
the province of the judiciary; though the prosecution was
technically in the name of the President of the United
States, it would have been more in the spirit of the Con
stitution, had it been in the name pf the United States.
In his message to Congress, at the beginning of the ses-
16

122 FEDERAL GOVERNMENT. [1801
sion, in December, 1801, the President observed, " That it
was matter of congratulation, that the nations of Europe,
with which we were most connected, were disposed to
peace, and that commerce was, in a great measure, relieved
from former embarrassments and interruptions; that we
¦were bound, with peculiar gratitude, to be thankful that our
peace had been preserved through a perilous season." And
he spoke of the United States as the " unoffending friends of
France." " The Indian tribes on our borders," he said,
"manifested a pacific and friendly spirit, and it Would be
the aim of government to preserve their good will, and to
seek their welfare, by efforts to introduce among them the
arts of civilized life, and the pursuits of agriculture." He
referred to the unreasonable demands of Tripoli, one of the
Barbary States, and his direction of a naval force to the
Mediterranean, to prevent that power from depredating on
the American commerce. He suggested, that the increase
of revenue from imposts, as the population extended, would
probably be such, as to render it safe to dispense with in
ternal taxes and excises ; that, if our peace was not inter
rupted, the receipts of the former description would be suf
ficient to meet the ordinary expenses of government, and to
pay the interest and the instalments, authorized by law,
on the public debt. And that should war occur, it might
be necessary to resort again to internal taxation. He sup
posed that a small naval force only would be necessary in
future ; and that the building of any more ships of war
might safely be postponed.
The President referred in this speech to the judicial de
partment of the government ; particularly to the law passed
at the previous session, for establishing circuit courts, and
the appointment of so many justices to hold them. He
clearly intimated the opinion that the circuit Judges were
unnecessary, and that the district and circuit courts, as
before established, were sufficient for the business of the
country. An opinion generally prevailed, at this time and after
wards, that Mr. Jefferson was not in favor of the indepen
dence of the Judiciary department ; but that the Judges
should be more under the control of the legislative branch
of the government; and in some cases even of the execu
tive department. His orders sometimes clashed with the
decisions of the federal Courts, and he was inclmed to in
terfere with, if not to disregard, their judgment. He was
in favor of appointments and removals of the Judges as
well as of other public officers and agents. For he con-

1801] JEFFERSON. 123
tended, they should be of the same political views with
the majority ; and when, therefore, there was a change of
administration, and of the popular branch of the legislature,
that the Court should be composed of men of similar opin
ions. This was truly alarming to the friends of a stable
republican government, who had always contended for the
independence of the Judiciary, as well of the Legislative as
of the Executive department. For, with such a tenure of
office, as was proposed by Mr. Jefferson and his political
friends, the judges would cease to be entirely impartial,
and superior to all political biasses, in their decisions ; and
would probably be in some measure under the influence of
the predominant party in the government.
The law establishing the Circuit Courts of the United
States, to be holden by Justices not of the Supreme and
District Courts, was repealed soon after Mr. Jefferson came
into office. The Circuit Courts might be dispensed with,
without much inconvenience to the public, at the time, as
the business of the federal Courts was then comparatively
small. Still, an act repealing any part of the Judiciary
system was considered ominous to the real independence
of the- Judicial department. But as the Supreme Court of
the United States was not attacked, and only its decisions
in some cases connected with the Executive department
opposed or disapproved, the friends of the judiciary rejoiced
that no farther innovations were made in that branch of the
federal government.
The law on the subject of naturalization he recommended
should be modified, so that foreigners, coming with a bona
fide intention to settle in the United States, should be ad
mitted to the rights and privileges of citizens, in less time
than the existing law required; while he acknowledged,
that the Constitution had wisely provided a long time to
render them eligible to public office in the government.
This was a new Congress, and the majority were of the
same political views as the President.* The most import..
ant laws which were passed at the first session of Congress
holden after Mr. Jefferson was chosen President, besides
the act for repealing the law of the previous session, organ-
* The report made at this session by the commissioners of the sinking fund,
appointed several years before, stated that 14,738,367 dollars of stock had been
redeemed, that there was in the hands of the Treasurer, 449,069 dollars, sub
ject to the disposal of the Commissioners ; which, with the growing resources
of that' fund, would be sufficient to meet the 7th instalment of the 6 per cent.
stock, the 1st instabnent of the deferred stock, and the 1 0th of a loan then soon
becoming due.

124 FEDERAL GOVERNMENT. [1801
izing the Circuit Courts, were for the apportionment of fed
eral Representatives in the several States, according to the
second census, then recently taken, which fixed the ratio
at one Representative for 33,000 inhabitants : the whole
number of inhabitants being then over five milhons,— for
protecting the commerce and seamen of ihe United States
against the Tripolitan cruisers, which had then very fre
quently captured American vessels — for fixing the military
peace establishment ; which provided for the continuance
only of one regiment of artillerists, two regiments of in
fantry, and a corps of engineers, to be stationed at West
Point, on Hudson river, in the State of Netv York, and to
constitute a military academy — for regulating trade and
intercourse with the Indian tribes, and for the preservation
of peace on the western frontiers ; in which provision was
made for ascertaining the boundary line, before established
by treaty, between the United States and the various Indian
nations in the west and northwest : the provisions for
maintaining a friendly intercourse with the natives were
similar to those contained in former laws on the subject : —
for discontinuing the several acts laying internal taxes on
stills, distilled spirits, refined sugars, carriages, stamped
paper, and licenses to retailers, and for sales at auction —
for establishing a uniform system of naturalization, and re
pealing former laws on that subject — for redeeming the
public debt ; by which it was provided to appropriate an
nually seven milhons and three hundred thousand dollars,
to the sinking fund — for authorizing the people of the eastern
division of the territory northwest of the Ohio river, (Indi
ana,) to form a Constitution and State government, and for
admitting them into the federal Union — and for establishing
new routes for conveying the mail and the security thereof
The most warmly contested of these laws was that for
repealing the act of the preceding session of Congress, es
tablishing district circuit courts. That law was strongly
opposed on its passage twelve months before; and was
passed by only a small majority. But those who were in
favor of the law considered it important, in rendering the
Judiciary as perfect as possible ; and they therefore opposed
its repeal. They also were apprehensive, that if one part
or branch of the Judiciary should be annulled ; it would
serve as a precedent for setting aside the whole ; or of so
altering it, as to affect its independence. They looked upon
the Judiciary as more sacred than any other department of
the government ; and were averse to all innovations touch
ing its authority or jurisdiction. Very able speeches were

1801] JEFFERSON. 125
made by several members, who had been active in its
adoption, against the repeal ; that of Mr. Bayard, of Dela
ware, was the most celebrated.
The act for repealing a former law laying an excise on
distilled spirits within the United States, on pleasure car
riages, and on refined sugars, was opposed on the ground
of the articles being luxuries, and therefore, more proper to
be taxed, than articles in constant use by the lower classes
of people, such as bohea tea, brown sugar, molasses, and salt.
The latter were continued without any reduction, and were
paid chiefly by the laboring classes of the people. An
effort was made for discontinuing the mint establishment,
but it did not succeed ; the majority in Congress being in
favor of further trial of the benefits of the system. The
objection made against the establishment, was the great ex
pense attending it. A member stated, that every cent coined
at the mint, cost the government half a dollar. But this
was meant probably for a figure of speech, though the ex
penses were, indeed, very great ; without a corresponding bep-
efit. A bill was passed in the House of Representatives for
discontinuing the mint ; but the Senate did not concur in it.
The act to provide for the redemption of the public debt
could scarcely be said to justify the title ; the reduction or
redemption was only nominal. Some former loans were
proposed to be paid, indeed, but by new loans entirely ;
and the reduction was only in theory and on paper. 'Nor
could it be otherwise, as the interest, added to the usual
expenses for the support of government, was fully equal to
the receipts into the treasury for the year 1802, according
to the estimate of the Treasury department ; and the inter
nal tax, or excise law, was repealed. In 1801, two millions
and a quarter of the national debt had been paid, agreeable to
a previous law of Congress, and the abundant revenue which
accrued from the former taxes and imposts. In January,
1802, the whole public debt was seventy-eight millions;
the receipts for 1801, amounted to twelve millions ; and the
appropriations for civil list and other expenses, for 1802,
were f 13,250,000.*
A proposition was made at this session of Congress for
abolishing the navy department, and placing the naval con
cerns under the direction of the Secretary of War ; but it
did not receive the approbation of the majority. .Several

* The report of the Secretary of the Treasury stated that the accounts of the
former Secretaiy of that department, and also of the State, Wat, and .Navy
departments, were all correct, and no delinquencies.

126 FEDERAL GOVERNMENT. [1802
members of the national legislature were, at that time, op
posed to a naval force ; some on account of the expense,
and some from a belief that the United States could not ex
pect to dispute the dominion of the sea, with either England
or France. The President, also, had always discovered a
great reluctance to any augmentation of that branch of na
tional defence. And his influence waS very great with the
majority of the federal legislature at that time.
The opposition to the measures of the present Congress
and administration, by those who had supported the policy
of the past, was, in some instances, as great as that which
had been made by those now in power to their predeces
sors. Both as to theoretic views and actual measures,
there was no inconsiderable difference. There was a
change of policy, on some important subjects ; and some
called it a revolution. It might well be said to be a new
dynasty. The people were amused with strong professions
of regard, and with unwonted assurances of a desire to
consult their wishes ; and yet the exercise of power in the
executive was carried to an equal extent, in some cases to
a greater, than by the former administration. The repeal
of the excise, however, and the disbanding of the provision
al army — though the latter was ordered by the preceding
Congress — operated to a diminution of taxes, which all had
felt.* It appeared to be the policy of the ruling party to
attach odium to their ppponents for several measures they
had adopted, and to have it believed they were more anx
ious to secure the liberty, and to lessen the burthens of the
people. But generally the course pursued by former ad
ministrations was still followed ; having received the test
of experience in favor of its wisdom, its efficiency, and its
adaptation to the character and condition of the people.
In the message of the President to the national legislature,
in December, 1802, there were no changes in the general
policy of the administration proposed, and no new system of
* Soon after President Adams retired from public office, in 1801, m a reply
to a respectful and affectionate address from the citizens of his native town, he
said, " Some measures, durmg my admmistration, were the effect of imperious
necessity, much against my iuclmations. Others were the measures of the
legislature, which though approved when passed, were not previously pro
posed by me. Some, left to my discretion, were never executed, as no neces
sity for them, m my opinion, ever occurred. And I will only add, that we were
emancipated from two burthensome yokes, the old French treaty of alliance,
and the consular convention, which were grievous to us, and would have been
intolerable to our children. The government, m future, unshackled with posi
tive stipulations, will have only to consider its foreign powers by the law of na
tions, and to estimate her interest by an honest and impartial policy."

1802] JEFFERSON. 127
revenue suggested ; but a recommendation to economy in
public expenditures, with a view to a gradual redemption
of the national debt ; and a reference to the general pros
perity and increase of the nation. Some of the Barbary
Powers continued to make depredations on the American
commerce, and several vessels had been captured by pirat
ical corsairs from Algiers and Tripoli. A naval force,
therefore, designed for the protection of the vessels of the
United States, had been employed in the Mediterranean ;
and had restrained, in a great measure, the injuries which
would probably otherwise have been committed. A part
of the navy had been unemployed ; and it was recom
mended to Congress, rather to devise a plan to preserve the
timber collected for constructing additional ships of war,
than to expend money, at that time, to build more. It ap
peared by the report of the Secretary of the Treasury, that
upwards of five millions of the national debt had been paid
off during the year, and that the amount of revenue for
the same time, had exceeded that of any former year.
Commercial enterprise had revived after the treaty made
with France, in 1801 ; and a great measure of prosperity
had resulted from the trade and navigation of the country.
Some severe censures were at this time published against
Mr. Jefferson; relating, however, rather to his personal,
than his official conduct ; in the favor and patronage be
stowed on individuals, who had been great revilers of his
predecessors ; and particularly for inviting Thomas Paine,
of notorious memory, and then of little esteem in America, to
come to the United States, in a public ship, and to reside in the
country. As a private or personal act, it might have only
shown want of self-respect, or of little sensibility to the
memory of Washington, whom Paine had grossly abused ;
but as the invitation was given, when he was President,
and a national vessel prepared to convey such a character
to America, it was considered highly improper.*
The most important laws which were passed at the ses
sion of Congress, from December, 1802, to March, 1803,

* The political writings of Paine, at the commencement of the American
revolution, had some mfluence in arousing the people to a just sense of their
rights. But his conduct afterwards received the censure of Congress ; and he
went to Europe. He became a sot, an open, and shameless reviler of Chris
tianity, and a gross outrageous libeller of Washington and Adams. It was
highly indecorous and reprehensible in the chief magistrate of the United
States to invite such a clmracter to come to the country in a public vessel, to
take np his abode here, and to contmue his useful labors, which then consist
ed chiefly of libellous, vulgar, and blasphemous publications.

128 FEDERAL GOVERNMENT. [1802
were the two following : prohibiting the importation of ne
groes, mulattoes, or other persons of color, (not a native
citizen, or registered seaman of the United States, or sea
men, natives of countries beyond the cape of Good Hope,)
into any port of the United States, within a State, which
did not allow the admission of any such negro, mulatto,
or person of color : and the penalty was one thousand
dollars fine. The vessel in which such negro, or mulatto,
should be imported, was also debarred entry. The time
had not arrived, when the importation of slaves by the
Constitution was prohibited ; but some of the States did
not allow of such importation, and Congress passed a law
on the subject, to prevent those persons, in other States,
which did not forbid it, from bringing them into the States
which prohibited the traffic; because, while the national
legislature was silent on the subject, it was pretended that
the citizens of one State might import negroes into another,
spite of a State law against it. The other la-w of Congress,
at this time of general interest, was that which authorized
the President to order eighty thousand of the mihtia to be
detached in the States, and to call on the Governors of the
several States to detach their respective quotas accordingly.
The militia so detached, were to be officered in the usual
manner of the militia, and agreeably to the laws of each
State. The apprehension of a war with Spain, at that period,
dictated this measure of precaution. There had then been
a dispute with the Spanish government for some time, re
lating to the southwestern boundary line of the United
States, and difficulties had often arisen between the people
on that frontier, and the inhabitants of the Spanish territo
ry. Before this period, however, although not early known
in the United States, Spain had ceded her possessions on
the Mississippi to France ; and, in 1803, the French gov
ernment sold the same to the United States, for eleven mil
lions of dollars. This was a secret transaction, at first,
wholly unknown to the Senate of the United States, and of
which only the President and his minister, at the French
Court, seemed to have had cognizance. The French rulers
wanted money ; and besides, they intimated some threats
towards the United States of their displeasure, unless it
should be granted. They offered the extensive territory,
which they had then recently obtained of Spain, and which
was of little benefit to them at that time. The President
believed it would be of great advantage to the United
States to possess the territory, and thus to have the entire

1803] JEFFERSON. ; 129
use pf the Mississippi river. He had doubts, however, as
afterwards appeared, whether such a purchase did not ex
ceed his constitutional powers. But he referred the treaty
to the Senate ; , and, with their consent, gave his confirma
tion to the bargain. The purchase of Louisiana fropa France,
was long, a topic of dispute between the friends and oppo
nents of the administration. The former represented the
acquisition of such an extensive territory, especially as it
included the Mississippi river, the great outlet for the pro
duce of the western States, of vast advantage to the nation,
and as a cheap purchase, in a pecuniary view ; £|,nd while
they admitted the measure to be a stretch of power beyond
the letter of the Constitution, they justified and cpnjmended
it, fpr the very great benefit it would be to the Union : as
it would secure a large tract of country favorable to the
growth of -articles wanted in other parts of th,e United
States, and which were then imported frpm the- West
Indies. The principal objections made to this measure ¦vyere
two — one, that the territory of the United Stg,tes , was al
ready abundantly sufficient for one government of a repub
lican character, and that there were immense tracts of wild
lands to be filled up, in, the northwest part of the.cpuntry.
A very extensive territory it, was said „would endanger the
republic, and might require a strong axm, probably a mili
tary force, to preserve order and peace. But the greatest
objection grew out of the supposed unconstitutipuftlity of
the measure; and that if the provisions and plaiii meaning
of that cottipact were violated or disregarded, it would prove
a most injurious precedent. The government might as
well purchase Canada and Nova Scotia, pr Mexico, or the
island .of Cubsi. It was contended, that when the Consti
tution provided for the admission of new States into the
Union, it had pointed put in what cases such States should
be received : that large States might be. divided, on the
consent both of Congress and the old State proposed to be
so divided; a.nd that new States might be formed in the
northwest territory, then being within the limits of the
United States. There weire probably some party preju
dices operating to produce or reiteriaite these objections, and
to represent the act as at once arbitrary and unconstitu
tional. And yet there was certainly much force in the
arguments offered to prevent Congress from giving eflfect to
the bargain mad^ by the treaty. The objections were
made by pienibers of undoubted patriotism,, and of republi
can principles: and with them, the advantage of such a
17

130 FEDERAL GOVERNMENT. [1803
purchase was of less weight, than an adherance to a just
construction of the Constitution.*
When Congress adjourned in March,- 1803, an Act was
passed fixing on the first Monday in November for the
next meeting ; but the President called them together in
October ; with a view to provide for taking possession and
governing the newly-acquired territory of Louisiana ; and
when Congress convened, he informed them of the ratifica
tion of the treaty with the French government, which
transferred and ceded that territory to the United States.
An Act of the national legislature was passed, within four
teen days of assembling, making legal provision for the
occupation and temporary government of the territory,
under the authority of the President ; and for appropriating
the sum of eleven millions f as the purchase money.
Very different views now prevailed with a portion of
Congress from those expressed on the question of making
provision for giving effect to the treaty with England
in 1794 There were objections made to the measure, as
already intimated, by some members; but those who ob
jected to the appropriations, in the case of the British
treaty, with their friends, now a large majority in Con
gress, were ready at once to pass a law for the payment
of the sum stipulated, ahd for all other expenses attending
the occupation, as well as for giving entire authority to the
President to appoint all the officers for the government of
the territory. The purchase included all 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
divide the waters running into the Pacific and those falling
into the Atlantic ocean ; and from said chain of mountains
to the Pacific ocean, between the territory claimed by
Great Britain, on one side, and by Spain on the other."
At an early day of the session, it was proposed to alter
the Constitution of the United States, as to the election of
President and Vice President, so as to designate which
person was voted for as President, and which for Vice
President; instead of the original article, which required
the debitors to vote for two persons, for these offices, and
the one who had the highest number to be President. At
the last presidential election, the votes being equal for two
" Mr. ftuincy, of Massachusetts, was one of those who considered the
measure unconstitutional, and as a dangerous precedent. Many others had
similar views.
t The whole cost, however, was fifteen millions; and loans were ordered
to make payment.

1803] JEFFERSON. 131
persons,, it devolved on the Representatives in Congress,
according to the Constitution, to elect one of these for Pres
ident- when a great excitement arose, and much bitterness
of spirit was manifested', which did not soon subside. The
proposition was opposed as an unwise departure from the
spirit and design of the Constitution ; which was, that two
persons fully qualified for the pffice of Chief magistrate
should be voted for, without a specific and exclusive desig
nation of one to the presidency; and thus in case of the
death of one, the othet who would succeed, till the period
of another election, would be equal to the discharge of the
high trus^. The two persons voted for in i7'88, Washington
and Adams, were entirely qualified for the station ; and so
it was supposed also in ,1800,, when Adams and Pinckney
were the candidates by one party; and, Jefferson and
Burr by the other. But such a mode or rule of election
had hazarded the choice of Mr. Jefferson, who was the
person intended to be Presidentj by those who Toted for
the ticket with his name and that of Mr. Burr. And his.
political friends were resolved to prevent the recurrence of
a similar difficulty. Other reasons were, indeed, offered-
for this alteration in , the Constitution ; and it was urged
that it was more simple, direct, and proper, to designate
which candidate was intended to be ^President by the vote*
of the electors. -
The objections were, that the Constitution was too sacred
to be altered for slight reasons and purposes — that the ob
ject of the alteration was merely to gratify an individual
- and his political friends, and not to promote the -welfare or
to secure the liberty of the people — and that the original
article was the result pf long and impartial deliberation in
the Convention which framed the Constitution; and was
believed Would most certainly secure the election of two
able individuals for the two highest offices in the govern
ment ; while it provided for an able and suitable successor
to the President, in the event of his death. It was also
proposed to limit the presidency in the same citizen, to two
terms of four years ; but this did not prevail,
.The proposed alteration of the Constitution havmg been
agreed to by two thirds of the, members of both branches
of the federal legislature, it was communicated to the legis
latures of the several States for their consideratioii. And
within the, year, two thirds of the State legislatures,* the
proportion, required by the Constitution, for making an
» Thirteen States were in favor.

132 FEDERAL GOVERNMENT. [1803
alteration in any part or article of that instrument, declared
their assent to it. Massachusetts,, Delaware, and Connec
ticut, did not approve of the change. A motion was re
peatedly made at this session of the national legislature for
disallowing the balances in favor of certain States, -which
had claims on the federal government for advances in the
war of. the revolution, exceeding their proportion. The
members from several States were in favor of the measure,
and voted for a bill to be prepared for the purpose. But it
was so manifestly unjust, that a majority could not be ob
tained for it. It was not a party question ; and several
who usually supported the measures of the administration
were opposed to it. But all who favored the proposition
were the political friends of the executive.
During this meeting of Congress, the salaries of the chief
officers of the government, excepting the Judges, were
raised nearly twenty per cent. This was the more surpris
ing, as one great complaint against the former administra
tion, and its friends, was allowing extravagant salaries.
Additional duties were also imposed by Congress, in March,
1804 : The plea for which was the expense of the naval ar
mament then maintained in the Mediterranean, as a neces
sary protection to the vessels of the United States, then ex
posed to the attacks of th^ Tripolitan cruisers. A naval force
was justly kept up in that sea, and proved of great usci
The armed ships of that power committed as great injuries
on American commerce, as if open war had been declared.
And the United States navy in that quarter, though small,
was of great benefit ; and several of the naval commanders
there conducted with uncommon bravery and effect. The
President was authorized to fit out two sloops of war to be
added to the naval force then in the Mediterranean.
An additional law was passed during this meeting of
Congress, on the subject of naturalizing aliens and for
eigners; and the time was lessened, requiring a certain
period of their residence in the United States previously to'
their being admitted to all the rights of citizens. This
alteration was opposed by thoSe members who had sup
ported the measures of the former administration.. It was
deemed unreasonable to admit native foreigners to all the
rights of those born and educated in the United States,
until they had resided several years in the country, while
they were readily allowed protection, and equal justice.
In March, 1804, an additional law was passed, for the
government of the territory called Louisiana, and 'annexed
to the United States, by purchase, the year before ; by

1804] JEFFERSON. I33
which two separate governments were established, to be
organized as the President might direct.
Durpg this session of Congress, the Judge of the District
Court of the United for the District of New Hampshire,
was forhially impeached of high crimes and misdemeanors,
before the Senate, by the House of Representatives. He
was duly summoned to appear before the Senate, th6 con
stitutional tribunal, to answer to the charges brought
against him. But his health was too feeble to permit him
to proceed to the seat of the federal government. Counsel
however appeared in his behalf, and alleged occasional in
sanity, as the cause of any improper conduct which could
be justly charged upon him. ,Very respectable witnesses
appeared to show the fact ; but it appeared that he was
occasionally intoxicated, in consequence of insanity, as bis
counsel alleged. The prosecution proceeded, notwith
standing; and he was solemnly declared guilty of the
charges brought against him, and was dismissed from his
office. The evidence showed his unfitness for conducting
the business of the Court, E^nd it was proper to remove
him ; but the sentence was considered severe, and an un
necessary reproach on his character. At the same time, it
was decided by the House of Representatives to prepare
articles of impeachment against Judge Chase;, of Maryland,
of the Supreme Court, and against Judge Peters, of Penn
sylvania, pf the District Court, of the tJnited States : and
a Committee was appointed to draw up the articlesi in form.
But ,Congress, soon after adjourned, and the subject was,
therefore, postponed to the next session.
These proceedings were alarming to the friends of an
independent judiciary ; as it indipated a disposition in the
majority to search for occasions to lessen the character of
the Judges, and tender them odious to the people. In the
impeachment of Judge Peters, of Pennsylvania, the charge
was of arbitrary and illegal conduct, in the trial of a per
son indicted for treason, who had committed overt acts of
opposition to the license laws in that State. The facts al
leged were fully^ proved ; and his conduct was found to
have been such as justly to require exemplary punishment.
The Judge overruled several motions made by the counsel
for the respondent ; and for this he was charged with un
due severity and injustice.* The charges against Judge-
Chase, of the Supreme Court, were for similar oppressive
* The intended impeachment of Judge Peters, was not further prosecuted.
It was concluded (o direct all e,xertions against Judge Chase. .

134 FEDERAL GOVERNIMENT. [1804
and arbitrary conduct in the same case, when he was the
presiding Justice ; and for his behavior, as presiding Judge
of a Circuit Court in Virginia, for the trial of a person ac
cused of a violation of the Sedition Act. It was alleged,
that the Judge conducted with great partially, and dis
covered party feelings ; and thereby had prostituted his
office, from personal mahgnity or political prejudices.
He was also accused of discussing political subjects in his
charges to the Grand Jury in Maryland, and of reflecting
on the policy of the governm.ent, in a manner not proper
for a member of the Judiciary. The trial, at the next ses
sion, before the Senate, on this impeachment, after a full
hearing of the case, which continued several days, resulted
in the acquittal of the Judge. On most of the articles of
charge, the majority of the Senate decided that he was not
guilty. On three of the charges there was a majority of
two who voted that he was guilty ; but this ¦ was not a
constitutional majority, and he was honorably discharged.
Honorably because it was apparent to every impartial en
quirer, that he had conducted with impartiality, with fair
ness, and with all proper lenity and indulgence ; and that
whatever of prejudice or improper bias' there might be in
the case, it was to -be found in those who commenced and
supported the prosecution. They were displeased, that he
did not disregard law and justice to favor the wishes of
those in power. Two of the members of the House of
Representatives, Avho appeared most zealous in the prose
cution, immediately after the acquittal of Judge Chase,
proposed the following amendments to the Constitution,
viz: " That the President be authorized to remove a Judge,
on an address of the two Houses of Congress — and a States
to recall a Senator when it should choose."
There had now been a dispute with Spain, for some
time, with reference to claims to territory on the Mis
sissippi ; and a Minister had been deputed to that Courfe
to adjust the difficulties arising from such misunderstand
ing, but without full success ; though the Spanish govern
ment professed friendly views towards the United Statei^.
The cession of Louisiana to the United States by France,
which had shortly before received the territory from Spain,
served to increase the obstacles to the preservation of peace
between the two nations. The American administration
claimed West Florida, as a part of the ceded territory; but
the Spanish government denied the justice of such a claim.
After numerous attempts to adjust the difficulty, and the
manifestation of unfriendly designs towards the United

1804] JEFFERSON. I35
States, the American Envoy demanded his passport, and
left Spain in August, 1804. In the meantime the President
had refrained, from taking possession or exercising jurisdic
tion of that part of the territory, which Spain denied had
been ceded to France, and which France could pot there
fore rightfully transfer to the United States ; the Spanish
government was thus apparently reconciled, and war pre-
vented,between the two nations. The Spanish monarch, how
ever, relinquished his claims to the territory sodn after, but
with no little reluctance ; and he wafe then so much under
the influence of the French government,, that new difficul
ties arose in making a treaty with the United States on
.the subject. A large portion of the American people were
in favor of a war with Spain, at this period, on account of
a refusal to yield the territory purchased of France, and
for numerous spoliations on the commerce of the United
States. But pacific councils prevailed ; and forbearance
eventually secured all the ibenefits for which a war was
proposed, without its expenses and evils. A treaty was
soon after made with Spain, called " a treaty of friendship,
limits, and navigation;" in which the bounds of' Louisiana
were more accurately defined, and containing stipulations
for indenmity for spoliations on American commerce.
The revenue for 1804, amounted to seventeen millions,
and the expenditures to twelve and half millions ; and in
four years, thirteen millions of the public debt, including
interest, had been paid: but a larger sum than that had
been borrowed to meet the purchase money for the territory
of Louisiana ; and the Mediterranean fund was continued,
to meet the expenses of the naval armament kept up, to
check the Barbary power. For the defence and security
of the seaports and harbors, it was recommended by the
President, that more gun-boats than were authorized in
February, 1803, be built, as they would be less expensive
than larger armed vessels, — could be kept without men,
when not in actual service, and might be manned, at short
notice, by the militia in the vicinity. This was an inno^
vatipjti in the system of naval armaments, which many
believed would prove inefficient, both on account of the
small tonnage of the boats, and of manning them by the
militia, instead of experienced seamen. On these subjects,
as well as on some others, which were before Congress at
the two former sessions, there was far less of free and in^
dependent discussion, than had been witnessed in the
House of Representatives .previously to 1802. The objec-.
tions made to -several , propositions, which the; majority of-

136 FEDERAL GOVERNMENT. [1804
fered, were seldom met by proper argument, but were
merely voted down by numbers. It appeared that on the
most important subject^, the course to be adopted by the
majority, was agreed upon at meetings previously held in
private. The vote was often thus obtained by party feel
ings and pledges, rather than according to sound reason,
or personal conviction. It may be impossible entirely to
suppress the influence arising from political parties ; but
it would often have far less effect, if there were an inde
pendent and manly course pursued, according to the argu
ments and views presented by free discussion.

1805] JEFFERSON. I37

CHAPTER VII.

Mr. Jefferson's Second Election. Aliens. Difficulties with Spain and with
Great Britain, continued. Charges against Colonel Burr. His Trial. Chief
Justice Marshall accused of Partiality. Attack on Chesapeake." Inipress-
ments. Special Bjivoy from England. Disputes with France. Conduct of
Buonaparte. Embargo. Objections to Embai'go, as it was Unlimited, and
Injurious to Commerce. Supposed French Influence. British Orders in
Council. Difficulty of avoiding the Displeasure of those Nations. Com
plaints against the President, for Partiality to France.
Mr. Jefferson was re-elected President, in March, 1805,
for another term of four years. And George Clinton, some
time Governor of the State of New York, was chosen Vice
President, in the place of Mr. Burr, who was not supported
by either party.* The majority for Mr. Jefferson was very
large, being one hundred and sixty^two votes in one hun
dred and seventy-six. But , the change in public opinion
was not so great as this single fact might seem to indicate.
In the House of Representatives, the majority in support
of the administration was as seventy-five to forty : In the
Senate it was not so great. The prosecution of Judge
Chase alarmed ihany, and the administration lost some
supporters by the measure. The aversion of the President
to a navy, which, many believed, was another' considera
tion with a portion of the people for not generally support
ing his policy. Had a more efficient naval force been or
dered into the Mediterranean, it would have enabled the
brave and gallant officers of the American squadron there,
to have wholly suppressed the Barbary cruisers. They
behaved with great spirit and resolution, aUd effected all
the benefits which could be expected of them.f
It is not surprising, perhaps, that they who had approved
of the general policy pursued for the twelve first years of
the federal government, should oppose many of the leading
measures adopted by those now in power. The latter had
* The friends of Mr. Jefferson considered Bflrr as the rival of their favorite
candidate ; and the political opponents of Mr. Jefferson became dissatisfied
with his conduct -on various accounts; especially with his treatment of General
Alexander Hamilton, whom he had challenged and trilled iu a duel.
t Among the most distinguished of these were Preble, Decatur, Somera,
Stewart, Ghauncy, Hull, and Morris.
18

138

FEDERAL GOVERNMENT. [1805

condemned the proceedings of the two former Administra
tions, and entered on a course of policy very different, in
many respects, from that before pursued, To attempt to
detect the real motives and views of the leading characters
of either party, might be alike uncandid and unavafling.
Great men often differ in opinion, and are equally hoUest ;
and yet candor does not require that all men be estimated
alike for their good intentions, or upright principles. Nor
does the ephemeral popularity, which some public charac
ters enjoy, afford a just criterion of their patriotism or moral
worth. In all such cases, the people must determine in
whom they will repose confidence ; and if a full develop
ment of character does not justify their high estimation,
they must suffer the unhappy consequences of self-delusion.
At the session of Congress, which closed on the third of
March, 1805, two important laws were passed, intended to
prevent the hostile and predatory acts of persons on board
of foreign vessels in the harbors and ports of the United
States, or in the waters within their jurisdiction ; and to
regulate the clearance of armed American merchant vessels.-
By the former, persons were liable to be arrested, on war
rant from any Judge or Justice of a Court of the United
States; who was authorized, if necessary, to call on the
militia in the vicinity to assist the marshal in the execution
of his duty, in serving the warrant wherever the offender
might be. The offences enumerated in the law were trea
son, felony, misprision of treason or of felony, and misde
meanors, as breach of the peace or of the revenue laws of
the United States. The latter prescribed the mode and
form of clearing merchant vessels of the United States,
which were to be armed on their. voyages ; requiring abend
to be given, both by the owners and masters, that the arms
on board said vesser should not be used for any unlawful
purposes, but merely for resistance and defence, if attacked ;
and that the guns and arms belonging to the vessel should
not be sold in the West Indies, &c. These were prudential
measures, designed to maintain the neutral character of the
United States ; to prevent unnecessary attacks by American
armed merchantmen, on British, French, or Spanish vessels ;
and to check the insolence of the commanders of foreigii
armed ships, on the coasts, towards the vessels of the
United States. Events had then previously occurred,
which rendered these laws wise and proper. Safety required
the merchantmen to be armed, — ^but sometimes the masters
had made unwarrantable and unnecessary attacks on the
vessels of other nations.

1805] JEFFERSON. 130
The favor shown to foreigners by^ the new naturalization
law, and other marks of encouragement, were inducements
to the natives of Europe to immigrate to the United States,
and here take up their permanent residence. And many of
these were of the less worthy class of the population of the
countries frorn which they came. They were the discon
tented, the unstable, the indolent, and such as had imbibed
revolutionp.ry or visionary principles : though there were
some honorable exceptions. They had not just notions of
a republican government, such as were maintained in most
of the States. Their sentiments concerning civil liberty-
were impracticable, or inconsistent with the peace and
order of government. Their cry was for liberty, but as for
law and civil authority, they expected to be in a great
measure free from their restraints. The character of the
American population was thus gradually changed ; and in
many places, aliens, united with the discontented in the
country, and outnumbered and outvoted the native citizens
of property and stability. Those who professed to be the
friends of the people and of hberty, and who were ambi
tious of office, frequently succeeded, when in competition
with more worthy and patriotic characters.
The Message of the President to Congress, in December,
1805, was in a higher tone and spirit than his former pub
lic addresses had been to that body. He referred to the
interruptions and depredations still continued by the bel
ligerent powers of Europe, on the American commerce ;
and to their occasional aggressions and insults, even within
the waters of the United States' jurisdiction, — To the in
jurious operation of the maritime policy of Great Britain,.
with respect to neutral vessels bound to the ports of the
enemy of that nation — and to the omission on the part of
the Spanish government to fulfil its former engagements of
indemnity for spoliations on American commerce ; and to
other evidences of an unfriendly spirit in that nation towards
the United States. There had then long been a misunder
standing with Spain, growing out of claims on that govern
ment for its depredations, and oi their delay in surrenderin,g
their possessions in Louisiana,, purchased of France, and
previously ceded to the French by the Spanish government.
The American envoys had been attempting to negotiate
with Spain, on these accounts, for sometime; and a second,
and even a third envoy had been sent to the Spanish Cqurt.
But no adjustment could be effected, consistently with the
honor and interests of the United States. 'The hesitation
and delay were attributed to an unwillingness or an inabil-

140 FEDERAL GOVERNMENT. [1805
ity to fulfil their engagements to the United States under
a former treaty ; or the influence of French policy, which
then directed the affairs of Spain, and which appeared de
signed to injure the American commerce. The Spanish
Court was also dissatisfied with the loss of Louisiana; and
was disposed to yield as little as possible, by virtue of their
cession to France. So evasive and unsatisfactory was the
conduct of the Spanish rulers, that the American envoys
left the court, without hope of forming a just and honorable
treaty. The course pursued by the ministers of Spain -were
so manifestly unreasonable and injurious, that a great por
tion of the citizens of the United States declared that a war
with that nation would be perfectly justifiable ; but the
President did not recommend that ultimate measure ; and
the majority were not fully prepared for it, either in Con
fess, or in the nation. The sentiments expressed by the
President in his public communication to the national legis
lature, met with less animadversion than those contained
in his previous addresses, had received : and all were ready
lo adopt efficient measures for the honor of the country and
;he protection of their maritime rights. In speaking of the
official declarations of the British ministers, for interrupting
the American navigation, as a neutral power, destined to
the ports of their enemies, the President said, " they had
made interpolations in the laws of nations relating to com
merce, which required investigation." A committee was
accordingly early appointed to take the subject into con
sideration. What the President called an "interpolation in the laws
of nations," was the revival and application of a principle
in maritime policy, which, many years before, had been ad
vanced and put in practice by European governments.—
One point was the monopoly of trade, by the parent gov
ernment or nation in Europe, of its American colonies,
(which was true of the French and the Dutch as welt as
af the English,) with special and occasional relaxation, as
was supposed to be for the benefit of the parent State, or
the relief of the colonies. But the chief objection was to
the rule of 1756, as it was called ; by which a right was
assumed by the British to prohibit the trade of a neutral
nation with France, its enemy, not only in warlike stores,
but in provisions ; and rendering the American merchant
vessels liable to detention and search, on suspicion of hav
ing goods, belonging in fact, to citizens or subjects of France.
Numerous valuable cargoes destined to French ports, in
American ships, and ostensibly American property, were

1805] JEFFERSON. 141
really the property of merchants of France ; and thus con
veyed for the purpose of safety. The French contended'
that free or neutral bottoms determined the neutral charac
ter of the cargoes ; and availed themselves of this doctrine
to transport their goods in American vessels, when in their
own ships, they were almost always captured, owing to the
naval superiority of the British. The American government
complained of this doctrine or rule, as injurious to its com
merce, as unjust, and novel. It was not indeed entirely a
aew principle, for it had been asserted and followed fifty •
years before ; and other nations, when policy and interest
required it, had contended for it. The French government
had, in fact, only a few years before, acted on the same
principle, in some instances, where American vessels were
conveying cargoes in the Mediterranean belonging to the
British. It was sufficient, however, for the American ad
ministration to remonstrate against the principle, as it
operated to the diminution and restriction of the navigation
of the country ; and as the rule had never received the full
approbation or acquiesence of the maritime powers of Eu
rope. It was the opinion of a portion of the American
merchants, that the situation of Europe and the dangers
which threatened England, furnished a reasonable apology
for a revival of this principle ; while others insisted, that
the dangers of Great Britain could be no reason for such
restrictions on the commerce of neutrals, and that the prin
ciple ought to be impugned by every independent and mar
itime nation. But the British administration adhered to the
obnoxious rule, and gave orders to their vessels accordingly ;
which proved highly injurious, and excited strong feelings
of dissatisfaction in the United States.
The measures of both the British and the Spanish gov
ernments were, at this period, indicative of no friendly dis
positions toward America — and there was a portion of the
citizens who contended that war would be justified against
Spain ; and another portion urged a suspension of commer
cial intercourse with England, in retaliation for her aggres
sions. This unsettled state of affairs continued for some
time ; and proved very embarrassing to commercial enter
prise, and highly exciting to political parties. A declara
tion of war by the United States against' either of these
powers would not have been approved by the majority of the
citizens. It would not have been good policy; and while
there was any hope of success in negotiations, it was greftter
proof of wisdom to avoid open and general hostilities.
The controversy with Spain respecting the territory for-

142 FEDERAL GOVERNMENT. [1806
merly possessed by that nation, was the occasion of an
expedition on the Mississippi, which, though undefined and
professedly harmless to the United States, gave much alarm
in 1806, and even led some to apprehend a design to sever
the Union. The citizens of Kentucky and Tennessee had
been complaining, more than two years, of Spanish miscon
duct ; and seemed ready to oblige them to leave the territory
by force : and a few were so inconsiderate as to threaten to
form a separate government in the valley of the Mississippi.
A wide field was thus presented to the restless and ambitious
mind of Aaron Burr, who was Vice President of the United
States from 1800 to 1804, and who had lost the confidence
of both of the great political parties in the country, to dis
play alike' his talents at intrigue and his love of notoriety.
He professed no specific object ; and it is not probable he
had matured any particular exclusive plan. And yet it was
necessary for him, to avoid the charge of a treasonable de
sign of severing the Union, to have some ostensible object
in view to justify his conduct.
He travelled into the western parts of the United States
in 1805 and '06 ; and learnt more fully the state of feehngin
the people, as well as the resources of that section of the
country. His declarations were different to different char
acters, as to his ultimate designs. But it was generally
pretended, that his plan was to raise a force and invade
Mexico : and this perhaps was necessary, as a cover to a
more dangerous purpose : that of setting up a separate gov
ernment in the west, and including the newly purch9,sed
territory of Louisiana. That country contained a hetero
geneous population, and great discontent prevailed; and
there was a prospect, therefore, of forming a governnient
separate and independent of the United States. But if, this
should not succeed, or not appear sufficiently feasible, it was
necessary to have another object, and that the ostensible
one, of passing into Mexico, and giving no disturbance to
the Union. How extensive the, plan was, it is difficult to
decide ; but many individuals in Washington, Philadelphia,
New York, a.nd other places, had knowledge of some plan
of Mr. B-urr in the western country and on the Mississippi,
not generally known to the community. There was a mys
tery in his plans and conduct, which excited alarm, and led
many to fear that he had real treasonable designs. The
President was early apprised of his proceedings, in part at
least ; and took measures for watching his movements and
of preventing any serious evils to the United States, if any
such weremtended. He wrote to the Governor of Louis-

:• J- i- i-

1806] JEFFERSON. 143
iana, and to the military commander of the United States'
troops in that quarter, to be on their guard against the plans
of Mr. Burr, which might be ripe for execution before they
were aware of it. And yet Burr sometimes pretended to
others that the President knew of his designs ; with a view,
probably, however, to remove all suspicions of his projects.
His associates also charged General Wilkinson, the military
commander near New Orleans, in the service of the United
States, with being privy to Burr's intentions.
The various movements and preparations of Burr, cer
tainly indicated some unusual and improper enterprise ; and
few believed, that he was getting up an expedition to invade
Mexico. The act itself must have been seen to be improper,
and not likely to succeed, if attempted, with the few men
Burr could raise. It was more probable, that his real object
was, under various plausible .pretences, and professing to
have Other objects in view, to take possession of New Or
leans by force, if circumstances should be favorable, and
there to collect a sufficient number of discontented and ad
venturous spirits to maintain himself in power against the
arms of the United States ; which, at that distance, and in
the hands of Mr. Jefferson, he supposed Would not be very
promptly or very de9isively used to subdue him.
Colonel Burr proceeded to the Ohio, in the latter part of
1806, having before been in various parts of the valley of
the Mississippi far south ; and there prevailed on several
individuals of influence to join him, or to afford him their
aid. He there collected military stores and provisions, and
enlisted men to follow him down the river ; sometimes de
claring his intention of proceeding against Mexico; and
sometimes pretending he was authorized by the President
to keep the Spaniards in order, who remained 5n the terri
tory, and, as was at one time conjectured, to act offensively
figainst the inhabitants in the western parts of the United
States. It was said that Colonel Burrhad several thousand
men engaged to accompany or to follow him, on due notice,
¦tt'hile he went down the river, almost alone, and unattended.
Such a man, it must be supposed, had a definite object in
view, tholigh probably disclosed to only a few chosen oHes
in whom he could confide. Arid there can be very little
dohbt that his design was to collect men and adherents, in
, small and separate parties, at or near New Orleans, and
there take command, and declare himself independent of
the government of the United States. Governor Claiborne
he did not fear ; and General Wilkinson he probably hoped
would come into his views, and assist in forming a new

144 FEDERAL GOVERNMENT. [1807
government in the Louisiana territory. His plans -were
early suspected, and many of his adherents and associates
became alarmed, and declined to support him. Some of his
correspondents were arrested at New Orleans, and conveyed,
by the military, to Washington for examination ; but his
friends attempted to represent the affair as unimportant, and
wholly disconnected with any treasonable project. Thus
situated, Mr. Burr made no further attempts to accomplish
his plan, whatever it might have been ; but he was arrested,
taken to Virginia, tried for treason, and acquitted. His
¦real designs were probably revealed to very few, who faith
fully kept his secrets. For nothing was proved to convict
him legally of the charge alleged against him. In the
opinion of some, who knew him, he was as destitute of
moral principles as Benedict Arnold. He had less of bold
daring and hardihood; but more talent for intrigue and
concealment. His trial was before the Circuit Court of the
United States, Chief Justice Marshall presiding. It contin
ued several weeks ; and the Court exhibited great impar
tiality, as well as legal ability.*
It is declared in the Constitution, " that the importation
of such persons as any of the States then existing might
think proper to admit, should not be prohibited by Congress
prior to the year eighteen hundred and eight." This
declaration or provision had reference to the importation of
slaves from foreign States and countries ; so that there could
justlj"^ be no act on the subject to take effect before that
period. In March, 1807, a law was passed to prevent such
importation after the first day of January, 1808. There
was no formidable opposition made to the passage of the
law ; for it had generally been supposed, that after the period
limited as above mentioned, such prohibition would be im
posed on the introduction of slaves from foreign countries.
But a question has since been rnade, as to the precise mean
ing of the term migration, which is also used in the Consti
tution; and restricted in the same manner as that of
importation. It has sometimes been contended, that Con
gress had power to prohibit the migration of slaves from
one State, which allows of their residence, into a, State
which does not permit of slavery, so as to be there subject
to the treatment of slaves by their owners ; and as they
might legally be in the former State. The subject has been
already often pressed; and a great and alarming excite-
*President Jefferson and his friends were not satisfied vvith the conduct or
decision of the Court.

1807] JEFFERSON. 145
ment produced ; good policy seems to require more moder
ation and forbearance in future.
An Act was passed about this time, which assumed a
principle, or power in the national , government, the consti-
tutionahty of which has been frequently since denied or
questioned. This is the subject of internal improvements ;
and it has often been denied that Congress had a conslitur
tional right to expend the public monies for such a purpose.
Some have denied such a right in all cases ; others have
admitted, that on great works of a national character and
for the benefit of all the States, and especially, when re
lating to defence, expenditures might justly be incurred ;
while a few have doubted the right in all cases. The
prevailing opinion seems to have been, that works, not con
fined in their advantages to a single State, but of general
utihty and adding to the general improvement and prosperity
of the Union, may justly be undertaken at the expense of
the national treasury. And the question usually has been,
whether a plan, or a work projected, was of that nature.
Canals near the sea, to facilitate the means of conveyance
from one part of the Union to another, in time of war, are
evideiUly important in a national view. The Act of Con
gress at this time was for the survey, and preparing for
travel, a public road from the north bank in the Potomac^ to
the river Ohio, near Wheeling ; with a view to -facilitate
the intercourse between the country on and near the At
lantic, and the settlements in the valley of the Mississippi,
and the northwestern territory. It was chiefly in the
State of Virginia ; but it would not be for the exclusive
benefit of the people of that State, but for those of the other
States on the Atlantic, and for those in the western parts of
the Union ; and would also render the public lands in the
northwest far more valuable. The political friends of the
adniinistration which approved of the measure, have gen
erally, in all cases of a similar nature since, opposed the
right of making appropriations for internal improvements.
The road has proved f o be of great public benefit to a large
portion of the Union ; but the sum first voted was not the
one hundredth part of the amount afterwards granted to
finish and repair the road.
In 1807, Congress also made a law, for the punishment
of all frauds, which should be committed on the National
Bank. The penalty was not death., which, in European
governments is indicted for such a crime ; but it was very
severe, rendering the persons convicted liable to several
years imprisonment, and to a heavy fine. This was not
19

146 FEDERAL GOVERNMENT. [1807
a party question. It was approved by all classes of citi
zens, and considered necessary for the security of individ
uals and the government.
Negotiations had now been pursued for some time, for
forming a treaty between the United States and Eng
land, on the subject of neutral rights, which the British
government was charged with having violated ; particu
larly in the seizure of American vessels trading to any
country with which it was at war ; and in taking men by
force from vessels of the United States, under the pretence
of their being British subjects. These questions had long
been agitated, and the claims set up by Great Britain were
highly injurious to the commercial interests of the United
States. Two Envoys were sent to London in 1806, to en
ter into negotiations relating to these important points.
After much discussion and delay, a treaty was signed by
the American and British ministers, and forwarded to the
President early in 1807. But as there was no definite and
explicit agreement, on the part of the British, to relinquish
their claim of taking their own seamen wherever they
might find them ; which the American Envoys had been
instructed not to recognize, especially as to public vessels ;
and as an article was appended to the treaty after signing,
by which the British government might require of the
United States — in case of an invasion or blockage of Eng
land by the French, which was then threatened^a varia
tion from the stipulations of the treaty, favorable to Great
Britain,* the President chose not to submit it to the Sen
ate. The additional article, however, it was said might be
rejected or declined, without danger to the other parts of
the treaty, which had been deliberately adopted by the
ministers of both nations. And it was therefore believed
that circumstances would not justify a rejection of the
whole treaty. The article respecting the impressment of
seamen, was modified and rendered less objectionable, by
an agreement that the British ships of war should be for
bidden to take any men except English subjects ; and to
do this not by violence or in such manner as to give of
fence. But the President considered the additional article,
to which he would not in any sense assent, as furnishing
an objection to the treaty itself; and he was also dissatis-
» The article required, that the American government should adopt the
same rule towards one belligerent, (England) as it had towards the other,
(France.) Or, in other words, the British mmisters reserved the right of
refusing to ratify the treaty, if France did not abandon its (unjust) pretensions;
or should the United States submit to them. "^ ¦> ' i-

1807] JEFFERSON. 147
fied with the conduct of his ministers, in consenting to a
treaty, which did not bind the' British to relinquish entirely
their claim to search American vessels for their seamen.
The abuses to which this claim gave occasion were nu
merous, and highly injurious, as well to merchant vessels
as to public ships. For with the pretence of their being
native British subjects on board 6f American vessels, they
were all liable to be detained, and searched, and citizens
of the United States taken from thfem and forced into the
service of England.
It was insisted by a portion of the people, that the Pres"
ident ought to have laid the treaty before the Senate ; and
if they approved, to adopt it, as it was, or to propose' some
modification of it, as was done in the case of the treaty
made with France in 1801. The American envoys had
signed the treaty, and they were the political friends of the
President ; and it was believed one more favorable to the
United States could not be obtained; knd that it was to be
preferred to open war, or entire non-intercourse with Great
Britain, for which some then contended ks. the best policy.
A rejection of the treaty, it was feared, might lead to im
mediate hostilities ; and a system of non-intercoutse would
greatl)'- diminish American commerce and navigation, and
also provoke Great Britain to retaliate by increased depre
dations, under color of exercising her belligerent rights,
as necessary to her own safety against the novel policy of
France, her powerful rival and enemy.
Another portion of the citizens fully justified the Presi
dent in his conduct on this occasion. They insisted that
the advice of the Senate could not bind him, and ought not
to prevail against his opinion. That it was a matter of
discretion and prerogative With him to submit it to the Sen
ate or not ; and that if in grfeat doubt himself, he might lay
the subject before that body, and if they advised to its
adoption, tp give it his consent, and place the responsibility
on them. This might have been the most prudent course ;
but if he was decidedly opposed to the treaty, as injurious
and dishonorable, he ought, as chief magistrate, to have the
power to withhold it. The adoption of the treaty, without
the additional note or article, would have been more con
sistent with good policy, in a neutral government, as that
of the United States then was ; and would have manifested
a sincere desire to conciliate Great Britain, whose good will
towards America was highly important. The rejection or
suspension of the treaty with England had an unfavorable
influence with the British government and their naval com-

148 FEDERAL GOVERNMENT. [1807
manders. They thought they saw in it an unwillingness
on the part of the President to conciliate that nation, or to
preserve friendly relations between the two countries. They
had long complained of partiality in the American govern
ment for France, and a readiness to submit to commercial
obstructions and interruptions from the latter, which it de
nounced as unjust in the former. They had also sonie rea
son, perhaps, to complain of American commanders shipping
British subjects, with a full knowledge or a suspicion of
their being such. Had the British commanders gone no
farther than to fake the subjects of the king of England
from merchant vessels lying in harbors, the practice might
have been tolerated, rather than to risk hostilities with that
nation, to the great injury of the American navigation.—
But to allow the public ships of the United States to be
searched, could not justly be expected of an independent
nation. Nor were the people willing to submit to the great
inconvenience of having even merchant vessels detained
and searched on the high seas. The British minister at
Washington asserted that French armed ships had forcibly
taken men from American vessels, on the belief or pretences of
their beingnaturalsubjectsof France ; and that nogreatcom-
plaint or excitement followed on such occurrence. And it
was also expressly offered, by the British government, when
it asserted a right to take their own subjects, where ever
found, after requesting their surrender of the commander of
the vessel to which they then belonged, that their ships of
war should give up any American citizens on board, on re
quest and proof that they were such. One point of dispute
on this subject was, that native British subjects, being nat
uralized by the laws of the United States, were considered
Americans by the federal government, as fully as if they
had been born within the United States ; while the doctrine
of the English administration was, and long had been, that
its native citizens could not expatriate themselves, so as not
to be obhged to serve in defence of their own country. And
the time was one of great danger to England, when it was
threatened with invasion by a powerful neighboring nation,
and its ancient maritime rights and claims expressly im
pugned. While negotiations were pending in England, between
that government and the United States, on the subject of
impressing seamen, by the British commanders, from Amer
ican vessels, an unhappy and unexpected eVent occurred
which excited direct and uncommon attention to this vexed
question, and produced strong feelings of indignation in the

1807] JEFFERSON. 149
people throughout the Union. The Chesapeake, an Ameri
can frigate of forty-four guns, sailed from the port of Norfolk
under Captain Barron ; a few hours after leaving the harbor
was hailed by an English frigate of about the same size
arid number of guns — and a boat sent with an officer and
several men to the Chesapeake, demanding or requesting
that three of the crew might be delivered them by Captain
Barron, as they were native British subjects, and declared
also to have deserted from a British ship of war lying in or
near the harbor of Norfolk. CaptainBarron saidhehadnomen
on board of that description, and that they were all, as he
felt assured, Americans— adding that his men could not be
mustered but by his oWn order, and he should not permit any
search to be made. On the return of the boat to the British
frigate, she proceeded with all possible dispatch towards the
Chesapeake ; and when sufficiently near, fired a gun ; but
it was not regarded by Captain Barron ; at least no return
of shot was given. ' fle was irt suspense, as to the riiean-
ing and object of the British commander ; hi-s mten were
also employed in clearing the deck and stowing away arti
cles on deck, having but a few hours before put to sea. A
full broadside was then poured into' the Chesapeake by the
British frigate, which did great damage to the hull and spars
and rigging of the frigate ; and killed and w-ounded several
men. Captain Barron, considering his ship not prepared
for battle, nor decided, perhaps, what course it was his duty
to pursue, in such an unexpected emergency, concluded to
make no resistance, and surrendered his ship as a prize to
the British frigate'. The British captain then again sent
his boat with an officer and men and took the three men —
whom he alleged to be British subjects, and deserters, a short
time before, from a British public ship of war^but declined
to keep possession of the Chesapeake, which returned to
Norfolk in a shattered condition.
This was considered a great outrage, even if the fetcts
were as stated by the British commander ; and was a
proper subject for negotiation to provide a remedy for such
evils. But the British officer asserted, that it was known
before the Chesapeake sailed, that she had British seamen
on board, who were deserters ; and that on proper applica
tion) they were refused to be given up when demanded.
Captain Barron declared he had enlisted no such men for
his ship, and was ignorant that any of that description had,
been enlisted by others, or was on board his vessel. T,he
attack of the British was certainly unjustifiable ; and yet it
was generally believed that due care had not been given to

150 FEDERAL GOVERNMENT. [1807
avoid receiving British seamen on board American vessels ;
and particulariy in the case of the Chesapeake at the time.
The British government disavowed the act, when it re
ceived intelligence of it ; and no orders justifying such
conduct had been explicitly given. And yet the king and
his ministers had long contended for the principle, which
seemed to lead to such a result. For they claimed a right
to take their own naUve subjects at all times and in all
places. But they also declared a disposition to guard agamst
the abuses of the practice, by forbidding their naval com
manders to take any by force, not fully known or proved to
be Englishmen; and they were -willing to forbear the exer
cise of the right which they claimed, so far as not to search,
by force, a public ship of the United States ; but only to
demand the surrender of the men claimed ; and to represent
the case, when referred, to their government. And, at the
same time, were ready to stipulate that their own vessels
might be searched, when in harbors, by American com
manders, for citizens of the United States. This was the
greatest difficulty which occurred in the negotiations
pursued during that year, between the federal government
and the British administration. Another subject, attended
with great difficulty, was that of the rights of neutrals ;
which most acknowledged had been often disregarded and
violated, both by England and France, during the war of
several years then existing. Each government, in its turn,
had repeatedly issued orders, operating to the interruption
and injury of American commerce ; by assuming new prin
ciples, or extending former usage, in blockades : forbidding
a neutral vessel to enter the port of its enemy, even with
provisions and goods not usually considered contraband.
And a whole country was declared in a state of blockade,
when only one or two armed vessels were to be found on a
very long coast.
A meeting of Congress was summoned by the President
in October, 1807, several weeks earlier than the usual time
of the fall session ; and a reference to his public message
communicated on that occasion, will, in a good measure,
show the great subjects then demanding the consideration
of the national legislature, as well as his own views of the
most important events which had occurred after their pre
vious meeting.
" The many injuries and depredations committed on our
commerce and navigation on the high seas, for years past,
the successive innovations ort those principles of public law,
which have been established by the reason and usage of

1807] JEFFERSON. 151
nations, as the rule of their intercourse, and the umpire and
security of their rights and peace, and all the circumstances
which induced the extraordinary mission to England, are
already known to you. The instructions given to our min
isters were framed in the sincerest spirit of amity and mod
eration. They proposed arrangements which might embrace
and settle all the points in difference between us, which
mistht bring us to a mutual understanding on our neu
tral and national, rights, and provide for a commercial
intercourse on conditions of equality. After long and fruit
less endeavors to effect the purpose of their mission, they
concluded to sign such a treaty as could be obtained, and
to send it for consideration ; candidly declaring to the other
negotiators that they were acting against their instructions ;
and that their government therefore could not be pledged
for its ratification.
" Some of the articles proposed might have been admitted
on a principle of compromise ; but others were too highly
disadvantageous, and no sufficient provision was made
against the principal source of the irritations and collisions
which were constantly endangering the peace of the two
nations. The question, therefore, whether a treaty should
be accepted in that form, could have admitted but of one
decision, even had no declaration of the pther party impaired
our confidence in it. Still anxious not to close the door
against friendly adjustment, new modifications -yvere framed,
and further concessions authorized, than could before have
been supposed necessary ; and our ministers were instructed
to resume their negotiations on those grounds.
" Onthis new reference to amicable discussion, we were
reposing in confidence, when, on the 22d of June last, by a
formal order from a British admiral, the frigate Chesapeake,
leaving her port for a distant service, was attacked by qne
of those vessels, which had been lying in our harbors, under
the indulgencies of hospitality, was disabled from proceed
ing, had several 6f her crew killed, and four taken away.
On this outrage no commentaries are necessary. Its charac
ter has been pronounced, by the indignant voice of our cit
izens, with an emphasis and unanimity never exceeded.
I immediately, by proclamation, interdicted our harbors and
waters to all British armed vessels; forbade intercourse
with them ; and, uncertain how far hostilities were intended,
the town of Norfolk indeed being threatened with immedi
ate attack, a sufficient force was ordered for the protection
of that place ; and such other preparations commenced and

152 FEDERAL GOVERNMENT. [1807
pursued as the prospect rendered proper. An armed vessel
of the United States was dispatched, with instructions to
our ministers at London, to call on that government for the
satisfaction and security required by the outrage. A
short interval ought now to bring an answer ; which shall
be communicated to you as soon as received : then also, or
as soon after as the public interests shall be found to admit,
the unratified treaty and proceedings relative to it, shall be
made known to you. ,
" The aggression thus begun, has been continued, on the
part of the British commanders, by remaining within our wa
ters, in defiance of the authority of the country, by habit
ual violations of its jurisdiction, and at length by putting
to death one of the persons whom they had forcibly taken
from the Chesapeake. These aggressions necessarily led
to the policy, either for never admitting an armed vessel
into our harbors, or of maintaining, in every harbor such
an armed force as may constrain obedience to the laws,
and protect the lives and property of our citizens against
their armed guests. But the expense of such a standing
force, and its inconsistence with our principleis, dispense
with those courtesies which would necessarily call for it ;
and leave us equally free to exclude the navy, as we do
the army of a foreign power from entering our limits.
" To former violations of maritime rights, another is
now added of very extensive effect. The government of
that nation has issued an order interdicting all trade, by
neutrals, between ports not in amity with them, and being
now at war with nearly every nation on the Atlantic and
Mediterranean seas, our vessels are required to sacrifice
their cargoes at the first port they touch, or to return home
without the benefit of going to any other market. Under
this new law of the ocean, our trade on the Mediterranean,
has been swept away by seizures and condemnations, and
that in other seas, is threatened with the same fate.
"Our differences With Spain, remain still unsettled, no
measures having been taken, on , her part, since my last
communications to Congress, to bring them to a close.
But under a state of things, which may favor reconsider
ation, they have been recently pressed ; and an expecta
tion is entertained that they may now be brought to an
issue of some sort. With their subjects on our borders, no
new collisions have taken place, nor seem immediately to
be apprehended."
Reference was also made, in this public message of the
President, to the alleged conspiracy of Aaron Burr against

1807] JEFFERSON. 153
the peace and integrity of the Union, in the following
terms : —
" I informed Congress, at their last session, of the enter
prise against the public peace, which was believed to be
in preparation by Aaron Burr and his associates ; of the
measures taken to defeat them, and to bring the offenders
to justice. Their enterprises were happily defeated by the
patriotic efforts of the militia, wherever called into action,
in promptly arranging the difficulties on the Sabine river, re
pairing to those arising on the Mississippi, and dissipating,
before their explosion, plots engendered there. I shall
think it my duty to lay before you the proceedings and the
evidence publicly exhibited, on the arraignment of the prin
cipal offenders before the District Court of Virginia ; that
you may be enabled to judge, whether the defect was in
the testimony, in the law, or in the administration of the
law ; and wherever it shall be found, the legislature alone
can apply or originate the remedy. The framers of the
Constitution certainly supposed they had guarded, as well
the government against destruction by treason, as the citi
zens against oppression, on pretence of it: and if these
ends are not attained, it is of importance to inquire, by
what means they may be more effectually guarded."*
It was also stated by the President in his message, that
the finances of the government were in a prosperous con
dition; four millions of the public debt having been paid
during the year past, besides meeting the current expenses
of the civil list, and the expenditures for several public
works authorized by Congress at the preceding session.
The general spirit and tone of this message of the Presi
dent, and most of the measures he had adopted or recom
mended, were highly approved and commended through
the country. The resentment expressed of the attack made
by one of the British navy on an American frigate, was no
greater than most of the citizens felt on the occasion. And
his declining to lay the treaty with England before the
Senate, with the great objections which might justly be
made to it ; especially, as it appeared, he had given new
instructions to his ministers, to resume negotiations and to
accede to some modifications of the articles mOst objection
able, with a view to preserve peace between the two na-
* If Mr. Jefferson was too prudent publicly to disapprove of the conduct
of Judge Marshall, at the trial of Colonel Burr for treason, he fully expressed
his opinion in letters to his intimate friends, in which he charged the chief
justice with partiality for Burr, and intimated that his decision was owing to
political prejudices against the administration.
20

154 FEDERAL GOVERNMENT. [1807
tions ; was generally justified by the people. Complaints
were, indeed, still made by a portion of the citizens, that
the administration was more sensitive under any violations
of neutral rights, or exercise of arbitrary power, in im
pressments, when committed by British commanders, than
in similar cases, where the French were the aiUhors. It
was also believed to be impolitic to insist on the British re
linquishing altogether the practice of searching on board of
neutral ships for their own seamen, who had deserted ; and
that, if open hostilities followed the non-agreement on this
subject, great blame must attach to the President who re
fused to accept a treaty, without adjusting this point of
dispute to his entire wishes. This excluding all British
public vessels from the harbors and waters of the United
States, by proclamation— instead of confining the exclusion
to the ship, or squadron, by which the attack was ordered
and made ; and before the British government had time to
disavow the act ; was also deemed to be indicative of a dis
position to widen the breach between the two governments.
It was said, that it would have been more dignified,
as well as more prudent, to have waited to learn what
explanation the British rulers would offer in the unfortu
nate occurrence. The decrees of the French government,
relating to neutral commerce, by which citizens of the
United States were deeply aud injuriously affected, were
said also to be equally a departure from, and therefore an
interpolation of the laws of nations, as the orders of the
British ; and that far less remonstrance had been made by
the federal government against the one than against the
other. It was also observed, that the President should
have given strict orders to the commanders of the United
States vessels, not to harbor deserters from the British ser
vice, nor to enlist seamen who were known to be native
subjects of that kingdom. The charge against the Presi
dent, was in substance, that there was not that spirit of
real impartiality displayed, which was proper for the gov
ernment of a neutral nation, in the diplomatic intercourse
with the two great European belligerents. The extent or
degree of partiality for one nation, if it existed at all, would
not be susceptible of accurate statement or description.
The occlusion of the ports and harbors of the United
States against all British ships of war, before the conduct
of the English government was known in reference to the
recent attack, served to create an obstacle in the way of a
speedy and amicable adjustment on that subject. For
though the British .lainistry promptly declared the act un-

1807] JEFFERSON. 15,5
authorized, and appointed a special Envoy to the United
States to make suitable explanations, when the proclama
tion of the President was known, it produced an unfavor
able effect ; and they said no amends or explanations were
necessary, as the federal government had punished the
improper act, by excluding the British ships of war from
their harbors, without a reasonable suspension of a retali
ating measure for the injury committed. Whether this
plea for declining the offer of an apology or disavowal, was
sufficient, there were different opinions expressed ; and the
circumstance proved a fruitful source of diplomatic corres
pondence. The allusion in the message to the trial of Aaron Burr
and others, charged with treason against the United States,
and with a design to divide the Union, was considered ex
ceptionable by impartial jurists, and by the sincere friends •
of the Constitution ; as they believed they saw in it a dis
position to lessen the dignity and to undermine the inde
pendence of the judiciary department. The suggestion in
the message might have been taken as a recommendation
to amend the law, on the subject of treason, and to make
it more strict and severe : but, on a natural construction
the implication evidently was, that the judges had not
done their duty, and that their conduct was deserving
investigation. The President was known to have ex
pressed views on other occasions unfavorable to the inde
pendence of the judicial department : and his sentiments
relating to the subject were closely observed ; perhaps an
unfounded suspicion was indulged as to his real views of
the correctness of the judges' conduct. Great impartiality
was shown by them at the trial ; and dangerous and trea
sonable as the plans of Burr might have been, he could not
have been justly convicted without sufficient legal evi
dence. The law is too sacred to be made to swerve from a
direct course in times of party excitement, or to favor the
wishes of those high in power ; and should be administered
by fixed rules and principles, certain and undeviating as
the laws of nature.
The principles avowed and the conduct pursued both by
the British and French governments, at this period, were
so injurious to the commerce and navigation of neutrals,
especially as affecting the United States, that there was
just reason for the President and Congress to complain
agaimst each of these belligerents ; and to adopt measures
of prevention or redress. Each of these governments had
sometime acted on principles, not generally admitted to be

156 FEDERAL GOVERNMENT. [1807
correct by neutral nations ; or had extended the application
of former rules, in such cases, to an extreme, which went
to annihilate all neutral rights, and to render a nation, at
peace and pursuing its lawful commerce, liable to constant
depredations and losses. Not only were the vessels of
neutral nations made liable to seizure for attempting to en
ter a blockaded port, or for conveying articles commonly
considered contraband in time of war ; but a whole coun
try was pretended to be in a state of blockade, when no
vessels of war were near ; and all provisions were declared
contraband, as well as munitions of war, and naval stores.
France and England had alike offended against the rights
of neutrals in these respects.* And the navigation of the
United States was almost swept from the ocean by such
arbitrary proceedings of the belligerent nations of Europe.
There seemed to be no prospect of safety, but in abandon
ing all commercial enterprise. And some individuals in
the federal government, at the time, and the President and
Secretary of State, were supposed also to be in favor of
such a policy ; and to prefer non-intercourse, and embar
goes for a long period, as the most ¦ sure and effectual rem
edy. But the people of those States, which were exten
sively engaged in commerce, were desirous of negotiating
on the subject, in the hope of preventing a state of actual
war, and of maintaining their maritime rights.
While the President and his ministers adhered to their
demands, on the subject of impressments and the commer
cial rights of neutrals, and there were no indications
that England or France would withdraw their high preten
sions, or cease to commit depredations on the citizens of
the United States, the apprehensions of war prevailed;
and yet little was done by government for the defence of
the country. A few more gunboats were ordered to be
built ; but these could only afford very limited means of
* The decree of Buonaparte, dated at Berlin, in October, 1806, was as
great an interpolation of the laws of nations, as any order of the British govern
ment, of which the President had complained. It declared, " the British
islands in a state of blockade, and interdicted all intercourse with them; and
all vessels from England, or her ports, entering the ports of France, or of her
allies, were forfeited. And in I)ecember following, another decree was pro
mulgated by the Emperor, from Milan, declaring all neutral vessels, which had
been searched or visited by the British, denationalized, and made lawful prizes;
and reiterating the former declaration, that the British islands were to be
considered blockaded both by sea and land. In November, 1807, the British
orders of council were issued, (or received,) professedly in retaliation of the
French decrees. Similar orders, however, though less severe and injurious,
had been adopted by the British government.

1807] JEFFERSON. I57
defence, and that in a few situations. The principal fear
was a war with England, as it would prove highly disas
trous to the interests of the United States. That govern
ment, however, had declared its purpose to guard against
abuses under their system of searching neutral vessels for
their own subjects : and had promptly sent an Envoy to
the United States, to tender reparation for the attack on the
Chesapeake. But a new difficulty arose in the way of a
speedy settlement of this unfortunate event. The procla
mation of the President, interdicting the harbors of the
United States to all public British ships, and its continu
ance, after the appointment of a special minister to offer
explanations for the single act of violence committed, was
alleged as an excuse for not giving such explanations.
And the arrival of an Envoy for a pacific purpose, in this
state of the question, served to present new obstacles to a
friendly adjustment, rather than to ensure it.
In this state of affairs with foreign nations, and with the
prospect it suggested, the President was induced, in De
cember, 1807, to recommend an embargo; which was
immediately approved and ordered by Congress. The
principal design of the President, in this measure, appears
to have been the safety of American vessels and properly :
while he believed it would operate, in some measure, as a
non-intercourse with France and England ; and thus in
jure those nations more, perhaps, than open hostilities.
The measure was considered expedient by the majority of
the people ; while a large portion behoved it would prove
unavailing in its influence, to lead the British ininistry to
a disposition for a more favorable adjustment of the exist
ing dispute : and many were wholly opposed to an em
bargo, as imposed by this Act ; inasmuch as there was no
provision for limiting it to a certain period. An embargo
had been laid by the old Congress, early in the war of the
revolution ; and again, in 1794, under the presidency of
Washington ; but these were limited to thirty or sixty
days. But the present Act, for this measure, was indefi
nite as to the term of its operation ; and it could not be
withdrawn, even by a major vote of Congress, if the Presi
dent should not approve of it. If it were intended as a
measure of annoyance and injury to a foreign nation, it
was putting it in the power of the President to make war ;
and if it were designed chiefly as a means of safety, it was
said, the merchants were the best judges, as to the risk
and the dangers. A neutral position was evidently favor
able to the interests of the nation ; and had the design of

158

FEDERAL GOVERNMENT. [1807

the embargo been to prevent war, and to preserve the ben
efits of neutrality to the United States, it would have been
borne without complaint. But to withdraw entirely from
the ocean, was not the way to ensure prosperity, nor to
gain the respect of other nations. And there was too much
reason to believe, that the measure had been recommended
and adopted, at the secret instance of the French Fmiperor,
who sought to destroy or to limit the commercial busmess
of his rival. Great Britain ; and who insisted on the co
operation of the United States, directly, or indirectly, in his
plans to subjugate his natural and powerful enemy.
The papers communicated to Congress, when the em
bargo was recommended, did not prove the measure to be
necessary ; and those kept back, as it was at the time sup
posed some were, and afterwards was admitted to be a
fact, only confirmed the belief, that it was at the desire or
with the approbation of the Emperor of France, that the
embargo Act was then adopted. The letters of the Amer
ican Envoys in Paris, afterwards published, stated various
conversations and facts, which showed that the Emperor
expected an embargo would be laid by the American gov
ernment, and that it would meet his approbation ; though
he might have been better pleased if the United States had
declared war against England.*
The conduct both of England and France, at this time,
as it had been for two years previously, was very injuri
ous to American commerce ; for most of the vessels of the
United States, bound to either of those countries, were seized
by armed ships pf the other nation. And the dangers to
navigation were great and extensive : But it was the opin
ion of men entitled to respect and confidence for their good
* The Emperor had said, there should be no neutrals: that the United
States should be decided friends, or he must treat them as enemies. And he
predicted in October, that an embargo would be laid in America; which was
imposed by Congress, in December after. The President used the follow
ing language in a confidential letter to his minister in Paris, October, 1808,
" Buonaparte does not wish us to go to war with England; knowing we have
not ships sufficient to carry on such a war. And to submit to pay England the
tribute on our commerce, which she demands by her orders in council, would
be to aid her in the war against France, and would give the Emperor just
ground to declare war on us." The spirit of the Emperor was so assuming
and despotic, at this period, that he is reported to have said — " The Americans
ought to tear up their Act of Independence, and to become again, as before
their Revolution, the subjects of England; or to take such measures as that
their commerce should not be tariffied (taxed) by the English." And this
language he used, because the United States would not declare war against
England, as he desired; but was disposed to settle difficuhies with that nation
by negotiations and a treaty.

1807] JEFFERSON. 159
judgment, that negotiations conducted in a proper spirit,
would have prevented the difficulties arid evils which oc
curred to the United States ; and that more decision and
firmness would have prevented war and preserved com
mercial prosperity. In France, the American Envoys
spoke with far more independence and propriety, than their
instructions from the President could have inspired ; and
they even expressed surprise that some resentment was
not manifested by the federal administration. They could
not believe, that the terms dictated by the Emperor would
be received -ivith so much readiness by the chief magistrate
of a great republic. And the American ministers in Eng
land expressly declared, that a treaty might have been
made with that government, which if not in all respects
such as was desired, might be accepted, without injury or
dishonor to the United States. But the President expressed
an opinion iri favor of an embargo ; and his wishes were
then a law to the majority of Congress. What were his
secret views can only be matter of conjecture, from the
events of the time. He, however, declared it to be a meas
ure of coercion, and not directly of war, towards Great
Britain, whose conduct he deemed most unjust, while
many of the people viewed the measures of France equally
arbitrary and improper. War has usually been consid
ered a peculiar measure of coercion ;" but the President
made a distinction between open and declared hostilities,
and other measures designed to compel the government of
England to accede to the terms proposed by the United
States. The British Envoy, appointed to offer reparation, or to
make explanation and apology, for the attack on the Ches
apeake, arrived at Washington, in December; and soon
after the embargo Act had been adopted by Congress. He
had been sometime expected ; and the object of his mission
was well understood. Whether the embargo was hastened,
with an expectation that he might offer to make reparation
or apology for that injury, of which prudence would re
quire the acceptance, could not be fully decided. But such
an opinion was entertained by a large portion of the citi
zens. And though the President had declared his desire
to avoid war with England, and had made efforts at nego
tiation to prevent such a calamity, the various acts of sub
mission to French usurpation, and a tenacious adherence
to particular terms of peace with England, to which it was
known, that nation would not consent, gave strength to
the belief, that he was not very anxious to avoid hostilities ;

160

FEDERAL GOVERNMENT. [1807

or would prefer war with Great Britain to the resentment
of the rulers of France. The ostensible reason for the
embargo, however, was the arbitrary decrees and the inju
rious practice both of England and France, and the only
way for saving commercial property from the grasp of
each : for it might be said with much truth, that those
two belligerent nations had been long waging a maritime
war with the United States.
It was expected, that a discussion would take place
without delay, with the new British Envoy, respecting the
special object of his mission ; and that it would soon be
known, whether the explanation and reparation offered
would be accepted, or the dispute with England, on that
and other subjects, would issue in open war. But there
was an unaccountable delay in conducting the negotiation ;
.and it afterwards appeared, that various obstacles were pre
sented by the President to an early commencement of cor
respondence on this subject ; such as a desire to hear again
from the American Envoy in England, and the feeble health
of the Secretary of State, whom he wished to conduct it.
When the correspondence between the Secretary and
the British Ambassador, at the call of the House of
Representatives, was published, sometime after, it ap
peared, that the special Envoy from England had been
very urgent to adjust the affair of the Chesapeake ; and
had declared his authority to offer what his government
considered an honorable reparation, as well as a disavowal
of the act ; with an assurance that an agreement be made
not to search the public armed vessels of the United States
for their seamen. And he also made it known to the Pres
ident and Secretary of State, at an early day, that he was
instructed to treat solely on this act, and without reference
to any other matter in dispute between the two nations.
But the President saw fit to decline treating on this single
subject, and to introduce several other topics to be con
nected with it, and settled at the same time. The British
Envoy replied, that his instructions did not permit him to
connect any other subject with this case ; and declined all
farther correspondence, except a general reference to former
difficulties, in answer to a long note of Mr. Madison, the
Secretary of State, in order to show, that in his opinion
those difficulties might be easily removed, if there was a
sincere desire to remove or adjust them, and that his gov
ernment did not consider them just causes of war. As in
many other cases of a public nature, and especially those
relating to the conduct of the federal administration with

1807] JEFFERSON. 161
respect to the pohcy both of England and France, at that
period, there were different opinions expressed, as to the
propriety of the course pursued by the President. And
perhaps there were too strong party feelings existing, to
secure or call forth an expression of sentiments entirely
impartial and just.
As there was some provocation given, by enlisting and
refusing to give up British seamen, and even British de
serters, which was the occasion and pretext for the rash
and violent act of the British commander, as it was sup
posed to be unauthorized by his government ; and as the
British cabinet promptly disavowed and regretted it, and
immediately sent a special ambassador to make an apology
and reparation for it, it was the general opinion of the,
peqple, that the unhappy affair should be settled at once,
if the explanation tendered was proper, and not be embar
rassed or delayed by a reference to ot,l;ier subjects. And
some believed, that a wish to please the Emperor of France,
or to avert his displeasure, who had said, " that the Amer
ican government could not submit to the British conduct,
but would declare war against that nation," had an influ
ence in leading to the course pursued by the President.
The language and conduct of the Emperor, at this period,,
manifested such an interference with the measures of the
United States, as to justify the prevailing opinion, that
great firmness was necessary in resisting his unjust claims ;
and that, when this was not manifested, there must be an
improper fear of his displeasure, or an equally improper de- ,
sire for his favor and friendship. The course of the admin
istration at this time was not generally considered to be
strictly impartial. The letters received from the American
Envoys, both in France and in England, were long _ kept
from Congress; and afterwards only partially communi
cated ; and several pf these required to be returned to the
President, without being made public. Some of those citi
zens who had been the warm political frierids of the admin
istration, were dissatisfied with, this conduct. And when
the letters, permitted to be laid before the people through
the press, some months after, were read, it appeared, that
the British government was really desirous of maintaining
peace with the United States, and of making some sacrifices
to prevent a war ; while the spirit of the French Emperor
indicated little respect for the government, and little regard
for the interests of America; especially^ if his object could
^1

1^2 FEDERAL GOVERNMENT. [1807
be obtained, of inflicting the greater injury on the commer
cial and naval power of England.*
The conduct of the Emperor Avas considered, by a great
portion of the people, alike unjust and dishonorable. De
crees of an injurious tendency to neutral commerce, when
remonstrated against by the American Envoy, were de
clared not to be in force towards the citizens of the United
States ; and yet, in several instances, within a year from
such assurances, they were put in execution, even on the
cargoes of vessels driven into France by stress of weather,
or wrecked on its coasts. And the allies, or the vassals of
France were required by the Emperor to conduct in a sim
ilar manner towards American vessels and property. And
it was justly deemed dishonorable either to antedate a de
cree, or to pass it in secret, and afterwards to claim the
benefit of having issued it at an earlier period than its pub
lication. When the people were possessed of these facts, they be
came still more dissatisfied with the embargo. Grievous and
restrictive as the measure was, it would have been borne with
patriotic patience, had it been supposed necessary to vindi
cate and preserve the rights of the nation ; but -when it was
believed it had been adopted in conformity to the views of
a foreign power, the complaints increased ; and some of the
members of Congress, who at first supported the measure,
on the recommendation of the President, were desirous of
repealing it. The majority, however, were in favor of con
tinuing it ; and additional acts were soon after passed by
Congress, rendering its provisions more strict and more op
pressive. The coasting vessels, and even the fishermen,
on or near the coasts, were subjected to severe restrictions
in their business, and required to give large bonds, on
leaving a port, under the pretence of their having inter--
course with British ports or vessels. And when, some
months after, as the opposition to the embargo increased,
the act was suspended, or withdrawn by the President, as
he had been authorized by Congress, in April, 1808, on the
repeal of the orders of the belligerents affecting neutral
* Mr. Armstrong, the American Envoy at the Court of France, wrote to
the President, in January, 1808, " That the Emperor considered war as then
existing between the United States and Great Britain ; and that he considered it
as declared, ou the publication of the British orders in council, of November,
1807 ; which, though just cause of complaint by the federal government, were
really retaliatory of the previous French decrees, and not more arbitrary and
dangerous. No good apology can be offered for these orders, but it was said,
they were less mjurious to neutrals, than those issued by Cromwell, 1655.

1807] JEFFERSON. 163
commerce, and a system of non-intercourse with European
nations was adopted, the embarrassments and hindrances
to foreign trade were equally injurious ; and the dissatis
faction with the policy of the administration continued un
abated. Still, the , majority pf the people expressed their
confidence in the wisdom of the President and his cabinet,
and believed their views favorable to the liberty and inde
pendence of the nation, with a proper spirit of opposition
to the claims and orders of Great Britain, affecting the
maritime interests of the United States. The pohcy already
adopted andpursuedfortwo orthree years, was therefore conr
tinned ; — the conduct of both England and France being ih-
jurious to neutral rights, and great deviations from the law
of nations as generally admitted ; — till it , issued in a war
with the former nation ; which was prosecuted till the other
met with great reverses, and became less formidable tp neu
tral nations. The course of the American government was
evidently surrounded with difficulties ; arid it was not an
easy task to , satisfy all parties ; but the opinion prevailed
to a great extent, that, by strict impartiality and firmness,
united with a sphit of moderation, the difficulties might
have been prevented, or removed ; and war wholly averted.
It, was often interrogated, at this period, what would
have been the state of the country, if the policy which dic
tated a long embargo and non-importation and non-inter
course then pursued, had been adopted in 1794, when equa\
difficulties existed with England. , An embargo was, irideed,
then laid for a limited and very short period ; not .however as
a measure of coercion, but of protection ; and a non-impor
tation was also then proposed, but rejected, And by nego
tiation, in a truly frieridly spirit, with a character of firm
ness and impartiality in the administration, peace was pre
served, indemnity made for maritime wrongs and depreda
tions ; and commercial prosperity fully restored.
Some measures of defence were adopted during the ses
sion of Congress, which began in October, 1807, but not
till the spring of 1808. For the measure of the embargo.
with -subsequent attempts to repeal or modify the act, and
additional laws to enforce it, long occupied the time of the
national legislature. The President, was authorized to
cause several fortifications on the seacoast to be repaired or
completed ; and to have others erected,; as' he ffligfif judge
necessary for' the defence, of the harbors and the vessels
therein. Provision was also made fpr building and man
ning a large number of gunboats for the same purpose.
Two years before, the President was a,uthorized to employ

164 FEDERAL GOVERNMENT. [1807
gunboats, and two hundred and fifty thousand dollars ap
propriated for that object— an additional sum was now
voted to increase these means of protection arid defence— an
act was also passed for raising eight additional regiments of
regular troops ; for detaching one hundred thousand of the
mihtia to be apportioned, by the President, among the
several States ; and for arming the whole body of the mi
litia in the United States. The law of Congress, passed In
March, 1805, for the' preservation of peace in the ports and
harbors of the United States, was, at this session, ordered
to be continued for two years. This act had reference to
treason, felony, or misdemeanor, or breach of the peace,
within the jurisdiction of the United States, by persons be
longing to foreign armed vessels ; and " in order to prevent
insults to the authority of the laws, by which the peace of
the United States with foreign nations might be endangered,
the President was empowered to interdict, at his pleasure,
the entrance of the harbors and waters under the jurisdic
tion of the United States, to all armed vessels belonging to
any foreign nation, and by force to repel and remove them
from the same, except when driven in by the dangers of
the sea, or other distress."
The prosecutions, on account of the alleged treasonable
plan of Aaron Burr, had now subsided ; although he and
some of his associates were complained of before a court in
Ohio, after his acquittal in Virginia, by the Circuit Court of
the United States ; but one of the Senators in Congress from
the State of Ohio, John Smith, was suspected of being
privy to, and aiding in the project; and a charge was
brought against him in the Senate, with a view, among
some of the members, to his expulsion from his seat in the
national legislature. Smith had been indicted by a grand
jury in Virginia, in August, for treason, and a misdemean
or ; but no conviction was had, and the case was discon
tinued or postponed. In November, 1807, a cotnmittee of
the Senate was appointed, composed of seven members,
to consider " whether it were compatible with the honor and
privileges of that body, that he should be permitted any
longer to hold his seat as a Senator." A report was made
the last of December, and a resolution offered by the com
mittee, declaring, " that, by his participation in the conspi
racy of Aaron Burr, Mr. Smith was guilty of conduct in
compatible with his duty and station as a Senator of the
United States ; and that he be, therefore, Expelled from the
Senate." At his request. Smith was heard in his defence,
by council before the Senate ; but it was niade a question,

jl808] JEFFERSON. I65
whether strictly legal proof were necessary to convict him;
or whether the Senate might exerciSe their discretion in
the case, and require only satisfactory evidence of his con
cern in the conspiracy. Near the close of the session, and
after many days being occupied pn, the subject, a majority
of the Senate voted, that Mr. Smith be expelled ; but there
were not two thirds in favor of the resolution, the constitu
tional majority required in such cases, and he retained his
seat. The embargo laid in December, 1807, was continued for
nearly fifteen months; and caused great complaint and
suffering, especially with those concerned in navigation, or
living near the seacoast. In November, 1808, as well as at
an earlier day, a formal motion was made in the Senate, to
repeal the embargo act. The motion was offered by Mr.
Hillhouse of Connecticut ; and by him and others, the evils
of the measure were fully pointed out, as well as its inef
ficiency to coerce the British government to abandon its
maritime rights, or to adjust the disputes between the two
countries, on the terms urged by the federal Executive.
Mr. Lloyd of Massachusetts supported the motion for a
repeal of the embargo, with great intelligence and ability.
Mr. Lloyd said, he considered the question as important
as any which had occurred since the adoption of the Con
stitution : that it deeply implicated, and perhaps would
determine the fate of the commerce and navigation of the
country — a commerce which had afforded employ for nearly
a million and a half tons of navigation ; which had form
ed occupation for hundreds of thousandsof our citizens;
which has spread wealth and prosperity in every region of
our country ; and which had upheld the government, by
furnishing the revenue for its support. Surely, this is a
commerce; said Mr. Lloyd, not fo be trifled with ; a copi-
merce not lightly to be offered up as the victim of fruitless
experiment. He admitted that our commerce had been subject to great
vexation, and plunder by the belligerents of Europe. —
'• There was no doubt," he added, " that both France and
England had violated the laws of nations, and immolated
the rights of neutrality; but there is, in iny opinion, a
striking difference in the circumstances of the two nations ;
the one, being instigated by a lawless thirst .for universal
dominion, is seeking to extend an iron-handed, merciless
despotism over every region of the globe, while the other
is fighting for her natale solum : for the preservation of her
liberties, and probably for her very existence. The one

166 FEDERAL GOVERNMENT. [1808
professes to reluct at the inconvenience she occasions us, by
the adoption of measures, which are declared to be merely
measures of retaliation on her enemy, and which she avows
and will retract as soon as the causes which have given
occasion to them are withdrawn. The other, in addition
to depredation and confiagration, treats us with the utmost
contumely and disdain: she admits not that we possess the
rights of sovereignty and independence, but undertakes to
legislate for us, and declares, that whether we are wihing
or unwilling, she considers us as at war with her enemy :
that she has arrested our property, and would hold it as
bail for our obedience, until she knows whether we will
servilely echo submission to her mandates.
" There can be no doubt that the conduct of the belliger
ents gave rise to the embargo. But if this measure has
been proved, by experience, to be inoperative as regards
them, and destructive only as it regards ourselves, then ev
ery dictate of magnanimity, of wisdom and of prudence,
should urge the immediate repeal of it," Mr. Lloyd
proceeded to show the great and extensive injury pro
duced by the measure to the commerce and navigation of
the United States, and its im potency as a means of an
noyance or of coercion to the belligerent powers of Europe.
But the eloquence and the arguments of the patriotic sen
ator produced no effect, at the time, on the national coun
cils, and the embargo was continued several months longer.
In referring to the embargo, in his message to Congress,
November, 1808, the President used the following language :
" No event having occurred, (although propositions were
made both to the French and -British governments for the
purpose,) on which a suspension of the the embargo by the
executive was authorized, it remains in the full extent ori
ginally given to it. We have the satisfaction however to
reflect, that in return for the privations .imposed by the
measure, and whicth our fellow-citizens in general have
borne with patriotism,* it has had the important effects of
saving our mariners and our vast mercantile property, as
well as affording time for prosecuting the defensive and
provisional measures, called for by the occasion. It has
* The people did indeed manifest their patriotism during an unlimited and
protracted embargo. But their remonstrances against the measure were con
stant and strong. Some able statesmen deemed the measure unconstitutional ;
StiU the people did not openly resist or forcibly oppose ; although they did, in
many instances, evade it. And this afforded proof that they, who had most
to risk or to lose, were disposed to send their vessels to sea, when they could
do it with a prospect of not being detected.

1808] JEFFERSON. 167
demonstrated to foreign nations, the moderation and firm
ness which govern our councils, and fp our citizens the ne
cessity of uniting in support of the laws and the rights of
the country ; and thus long frustrated those usurpations and
spoliations, which, if resisted, involved War ; if submitted
to, sacrificed a vital principle of our national indepen
dence." The other topics referred to in the President's message
at this time, were the failure of the negotiations with Great
Britain, relating to the attack on the frigate Chesapeake,
and to disputes of an older date, concerning the rights of
neutrals, the doctrine of blockades, and the British orders
of council, so injurious to the navigation and commerce of
the United States. But no new matter on these subjects
Was communicated to Congress.
The condition of the Indians within the United Sta:tes,
was also noticed in the message ; and it was stated that no
difficulties or disputes of a serious nature had then recently
occurred. The President informed Corigress that he had»
not deemed it necessary to call for detaehments of the mi
litia, as he had been authorized ; but he expressed an
opuiion, that in the following year it might be proper to
have them in readiriess for effective service. He had, ho-w
ever, given orders for raising an additional military force,
and had appointed as many officers, for that object as ap
peared to be necessary. The seacoast had also been forti
fied in several places, as Congress had authorized, and one
hundred and three gunboats had been built during the year
1808. ¦ , ,
This was the last annual message of President Jefferson
to the national legislature ; and closed with the following
paragraph : —
" Availing myself of this last occasion, which Avill occur,
of addressing the two Houses of Congress at their meeting,
I cannot omit the expression of my sincere gratitude, for
the repeated proofs of confidence manifested to me by them
selves and their -predecessors, since my call to the adminis
tration, and the many indulgences ' experienced at their
hands: and the same grateful acknowledgements are due
to my fellow-citizens generally ; whose sripport has been
my great encouragement under all embarrassments. In the
transaction of their business, I cannot have escaped error ;
it is incident to our imperfect nature. But I may say, with
truth, my errors have been of the understanding not of in
tention : and that the advancement of their rights and in
terests has been the cbnstant motive for every measure.

Igg FEDERAL GOVERNMENT. [1808
On these considerations, I solicit their indulgence ; looking
forward with anxiety to their future destinies, I trust, that
in their steady character, unshaken by difficulties, in their
love of liberty, obedience to the law, and support of public
authorities, I see a sure guarantee of the permanence of
our republic ; and, retiring from the charge of their affairs,
I carry with me the consolation of a firm pursuasion, that
Heaven has in store for our beloved country, long ages to
come of prosperity and happiness."
The general policy and measures of President Jefferson
were disapproved by a large portion of the people ; and
among them were some of the most intelligent, and pa
triotic citizens in the United States. The principal charges
made against, him were, an early dislike to the federal Con
stitution; an undueattachment to France, during the war be
tween that nation dnd Great Britain : an imprudent censure
on the political conduct of his predecessors ; an opinion that
settled maxims and rules should yield to the popular will,
or popular clamor under excitement; an unfriendly dispo
sition towards commerce and a navy ; and a dangerous
theory respecting the judicial department of the govern--
ment, as if it should not be independent of the chief magis-^^
trate, or of an accidental and temporary majority in the '
legislature. Perhaps, his political opponents sometimes ,
charged him unjustly or uncarididly. But before he came
into office, as President, he had giveii an opinion, that the
Constitution was defective, and the government under it
too closely assimilated to monarchy ; and that the measures
of his predecessors were impolitic, if not indicative of anti- ,
republicanism. He had thus exposed himself to the criti
cisms of a portion of the people ; and prejudice, therefore,
might have had some influence in the severe strictures
made on his leading measures. It cannot be denied that
his views and policy differed, in some respects, from his il
lustrious predecessors. Nor can it be any mote justly
doubted, that his political opinions and conduct served to
lessen, in some measure, the stability and permanency of
the republic ; by emboldening visionar}'- and unprincipled
men, many of whom were aliens, and who could vociferate
most loudly for liberty, but had not a due respect for law
or the Constitution. His appointments and removals from
office, in many cases, justified the belief, that he had no
particular sympathy for the officers of the revolution ; while
Washington, who was the first president, after the forma
tion of the federal government, selected most of them to fill
offices of honor and profit.

1809] MADISON. 169

CHAPTER VIII.
James Madison elected President. ForeigD Relations Emharrassed. Arbitra
ry Measures both of French and English Government. Interruptions of
American Commerce. Difficulties of the Period. Embargo. Non-inter
course with Great Britain. Unsuccessful Attempts at Negotiation. Indi
cations of War. Conduct both of British and French Justify Resistance.
Opposition or Reluctance to War. A War Party, and a Peace Party. War
declared. Small Majority in Favor. President disposed to Avoid it.
Mr. Jefferson retired from the Presidency the fourth of
March, 1809, having held the office of chief magistrate of
the Union for eight years ; and James Madison, of Virginia,
was chosen to succeed him. The former was not a candi
date, at this time, for a re-election ; the reason offered for de
clining was, to conform to the precedent made by Wash
ington, who did not think it proper for one person to hold
the office beyond two terms of four years each. Mr. Mad
ison had been several years a member of Congress ; one of
the Convention which framed the federal Constitution, and
Secretary of State, during the presidency of. Mr. Jefferson ;
whose policy he approved and followed. Congress met in
May, 1809, agreeable to a law passed in the month of Jan
uary previous. The critical state of the nation was con
sidered a sufficient reason for fixing on so early a day.
War was then apprehended with England or France ; and
the disputes, of long standing, were attended with as great
difficulties as at any former period ; and seemed to be
hastening on an important crisis. At this session, the act
interdicting commercial intercourse between the United
States, and Great Britain and France, passed in March,
1809, was continued, with some modifications. The first
act was adopted soon after the embargo had been repealed ;
and extended to vessels belonging to France, as well as to
. England ; the armed ships of the latter only having been
prohibited by the proclamation of the President, issued in
July, 1807, on the occasion of the attack of the British
ship of war on the frigate Chesapeake. No very material
alterations, however, made in the former law, so as to re
store the intercourse which had existed before the decrees
and orders of the two European belligerents, were adopted ;
or to permit the entrance of their vessels into the harbors of
22

I'j'O FEDERAL GOVERNMENT. [1809
the United States, except in particular cases, and under spe
cific restrictions. This extra session was short, and ter
minated on the 28th of June.
Soon after the departure of the British Envoy, who had
been sent to the United States to declare the attack on the
frigate Chesapeake unauthorized by his government, and to
tender reparation for the indignity, in which he did not
succeed, under the instructions and powers given him ; the
resident minister of that Court at Washington made a prop
osition to the American administration, which was favor
ably and promptly received, and gave a strong hope of an
amicable settlement of the protracted disputes between the
two nations, relating to commercial rights and pursuits. It
was of the following purport—" That the British Orders in
Council, issued and repeated in 1807, should be withdrawn
in June then ensuing, so far as affected the United States,
provided the intercourse should be renewed between Amer
ica and Great Britain." The President issued a proclama
tion on the 19th of April to that effect ; to be in operation
after the first of June, following ; as he was empowered by a
previous act of Congress. The British minister, also, of
fered reparation for the attack on the Chesapeake; and
further stated, that an Envoy would be sent to the United
States with full power to treat on all the subjects which
were in dispute between the two governments. But this
auspicious hope, so cordially welcomed, was soon destroyed;
by a refusal of the British government to sanction the over
ture ; with a declaration, that no such authority or instruc
tions had been given to their minister. And the President
thereupon issued another proclamation, in August, de
claring the act of non-intercourse to be revived and in full
force. The British government had the justice to issue a
particular order, to prevent the seizure of American vessels
which had sailed after the first proclamation. But the
feelings of the American people were greatly irritated by
this transaction ; ahd a war with England, if proposed,
would have been more popular than at any former period.
It could not, however, be denied that the British minister
had exceeded the authority given him in his instructions;
and he admitted that he had done so, when he said, in a letter
to his government soon after, " That nothing would have
induced me to deviate, in any degree, from the orders I
had received, but a thorough conviction, that by so doing
I should accomplish the object, which his majesty had in
view ; when, by too strictly adhering to the letter of tny
instructions, I might lose the opportunity of promoting es-

1809] ' MADISON. 171
sentially his majesty's interests and wishes." The Envoy
was soon recalled, and another appointed in his stead.
The promptness with which the administration met the
proposition of the British Envoy, served to remove the
suspicion of its being averse from pacific purposes towards
England; and that government was now generally cen
sured, though its conduct after the affair of the Chesapeake,
was admitted friendly and honorable. Its policy was too
injurious to the American commerce, under the revival of
the arbitrary rule of 1756, which it adopted towards neu
trals, to find many willing to apologize for the depredations
committed ; and the plea of retaliating on France for the
arbitrary decrees of the Emperor, did not appear a suffi
cient justification. There was probably no desire on the
part of the Court of Great Britain to provoke a war with
the United States ; but in the situation that nation then was,
surrounded with difficulties and dangers on every side, and
struggling, as it were, for existence, it was natural to re
sort to extreme measures for defence, where former prac
tice and precedents afforded a plausible pretext for the
course pursued. With the avowed design of destroying pr
weakening the power of the other, each of the belligerents
inflicted great injury and great injustice on the American
commerce, and called forth the feelings of resentment to
such a degree, that the most expensive measures for de
fence would have been approved ; though war might not
have been justified, without further attempts at negp-
tiation. Another Envoy, appointed by the British government,
arrived at Washington in the latter part of the year 1809.
He was directed, to state the reasons for a refusal to
confirm the, agreement made by his predecessor with the
American government in April ; and authorized to form a
Convention on commercial subjects with the United States.
But he displayed less of a mild and conciliating spirit than
the former ambassador from that court; and waS so anx
ious to vindicate the honOr of his own government, that he
made insinuations on the character of the American cabi
net, unusual in a diplomatic correspondence. He appeared
disposed not to make concessions, but to deal in censure
and criminations. His principal charge was, that the
President and his Secretaries must haye known that his
predecessor had deviated from his instructions, and exceed
ed his powers, when he made the agreement which was
afterwards disapproved by the British government, and
that the President, therefore, could not justly coniplain of

172 FEDERAL GOVERNMENT. . [1809
its rejection. This charge was reiterated by him, after it
had been denied by the American Secretary ; and however
he might be satisfied, that other terms were substituted for
those imposed on the British Envoy, and with the full per
ception of the American administration, it was deemed
highly improper in him to make and repeat the insinuation.
The President may be supposed to have perceived, that the
terms of the Convention of April, 1809, were a departure
from the directions given to the British Envoy, who agreed
to it, and yet not to have known that such were all or the
only instructions he had received. It was not for the
American administration to ascertain the full extent of the
authority of the Envoy, but to make the most favorable
treaty to which he would give his assent. This was a
difficulty to be adjusted between the British government
and its public agent. And while that government claimed
the right to reject it, without subjecting itself to the charge
of wishing to produce a war between the two countries ;
the President of the United States did not render himself
liable to insult or censure for forming a Convention the
most favorable to be made with the British Envoy. The
correspondence with the new minister from England was
maintained for some weeks, but each party considered it
self harshly treated, and uncourteous language was used
by each ; and the President, after several letters passed be
tween them, directed the Secretary of State to receive no
further communication. The offensive expressions con
tained in these notes were rather of a personal nature, or
on account of supposed insinuations against the honor of
the administration ; the merits of the controversy between
the two governments were not discussed.
By the abrupt termination of this attempt at negotiation,
and the failure of several former efforts for that purpose —
as the rejection of the treaty signed by the American En
voys in London, in 1807 ; the declining to treat with the
British minister, deputed to offer reparation for the affair
of the Chesapeake ; the non-acceptance, by Great Britain,
of a Convention made in 1809 — the prospect of maintain
ing friendly relations with England was greatly obscured,
and war appeared almost certain and inevitable ; except
that neither nation was disposed to adopt such an alterna
tive ; and both, probably, believed its interests would suffer
by it.
The principles advanced by the British government,
however founded in former precedent, or necessary to the
prosperity of that country, were such as an independent.

1809] MADISON. 173
powerful and neutral nation could not fully admit. The
British insisted on the right to their native subjects, and to
search for and seize them, if found in the merchant vessels
of neutrals; to prohibit to a neutral nation the colonial
trade, in time of war, which it was not allowed to use or
profit by, in peace : thus preventing the trade, in American
vessels, from the colonies of France or Spain to the ports in
the parent country, which, in time of peace, those nations
had respectively monopohzed. To these claims, the gov
ernment of the United States was not disposed to yield ;
but offered to repeal the act closing their harbors and ports
against the British ships of war ; and to suspend the non-
intercourse system as to that nation, while they should be
in force against France, so long as it continued its obnox
ious and injurious decrees. The subject of impressments
also presented great difficulties. But the claims and prop
ositions of the American government were such, that the
British ministry could not be justly censured for not admit
ting them.
The British minister left Washington immediately on
receiving notice that no further communications would be
received from him, November, 1809 ;* and took up his res
idence in New York : and the President, by his Envoy in
London, requested his recall. This was accordingly done,
in March following ; but without any censure expressed,
as to the conduct of the Envoy, or the offer of any apology
to the American government for the insult which it was
alleged he had given. Nor did the court of England deem
it necessary, or expedient, for some time, to appoint another
minister to the United States. It was not disposed to declare
war, nor to abandon its claims, however strongly opposed
by the American administration, of a right to take its own
subjects from merchant vessels, to enforce its doctrine re
lating to blockades, and to prevent the trade by neutrals
between the colonies and their parent country in Europe,
in war, as well as in times of peace. The non-intercourse
and non-importation acts of the United States, operated in
some measure, to restrict the trade of Great Britain ; but
this inconvenience was far less than to have consented to
the demands of the American government, while the French
decrees remained in force.
* On (he 13th of November, he published a circular, in which he reiterated
the assertion, that the President should have known his predecessor had ex
ceeded his authority, and insinuated that duplicity and prevarication were
chargeable gainst the eidministration. This act was generally considered
highly indecorous, and excited the indignation of the people in all parts of the
Union.

174 FEDERAL GOVERNMENT. [1810

The American Envoy to Great Britain was continued,
though not without some hesitation, and a disposition to
recall him ; the British Premier having often expressed his
intention of appointing another minister to the United States,
during the summer of 1810: but early in 1811, he was
directed to leave the court of England, and return to Amer
ica. He had, however, after the departure of the British
Envoy, near the close of 1809, been instructed to continue
or renew negotiations with the goAfernment of Great Britain,
" relating to wrongs committed on the high seas, or other
waters," and "for establishing the principled of navigation
and commerce between the two nations." But his efforts,
under these instructions, proved altogether unavailing.
The French and British decrees, so injurious to the com
merce of the United States, and by the American govern
ment believed to be violations of the rights of neutralnations,
Ijeing still in force, after repeated remonstrances against
them, and various attempts to procure their repeal by ne
gotiation, Congress passed a law, in March, 18(J9, interdict
ing all commercial intercourse between the United States
and those countries. The act, however, was limited to the
end of the next session of Congress ; and the law, imposing
an embargo, passed in December, 1807, it was also enacted,
should be repealed at the same time.
Pursuing this policy, and in connection with the act of
March, of 1809, the President was authorized, by another law
of Congress, passed in May, 1810, " in case either Great
Britain or France should, before the first of March follow
ing, revoke her edicts, or so modify them, that they would
cease to violate the neutral commerce of the United States,"
to declare the fact by proclamation; and that, on the omis
sion of the other nation to revoke, or so modify her edicts,
the act interdicting commercial intercourse between the
United States, and France and England, passed in February,
1809, should continue in force as to such nation." The
act vesting such authority in the President, was soon after
made known to the court of France ; and the French
minister for foreign affairs immediately addressed a note to
the envoy of the United States, then in Paris, dated August,
1810; in which he stated, "that the Beriin and Milan de
crees, issued by the Emperor," (which had jusdy given
great offence to the American government and people,)
" were revoked, and would cease to have effect after the
first of November following."
But the contents pf this note of the French minister
yrexe npj. sufficiently intelligible or satisfactory, to meet the

1810] MADISON. 175
approbation of the people of the United States generally ;
and yet the administration gave a more favorable construc
tion to the document ; and in November, imniediately after
the note was received at Washington, the President issued
a proclamation, declaring the restrictions imposed by the
act of Congress of May, 1810, were removed or repealed
with regard to France.
In his note, giving notice that the Berlin and Milan decrees
were revoked, the French minister of foreign affairs was
pleased to observe, " that his government had adopted this
measure, because the Congress of the United States had
retraced its steps, and had engaged to oppose the belligerent
(England) which refused to acknowledge the rights of neu
trals.'' The following language was somewhat equivocal^
and served as an apology afterwards for the French gov
ernment, in not fulfilhng the promise, which it was under
stood to have given. " It being understood (or on condition)
that the English shall revoke their orders in council, and
renounce the new principles of blockade which they have
wished to establish; or that the United States shall cause
their rights to be respected by the English."
Trusting to the sincerity of this declaration, and believing
in the pacific spirit of the French government towards the
United States, the President issued a proclamation the first
of November, declaring that the French decrees were in
fact revoked, and that the non-intercourse law would be
revived and in force as to Great Britain, unless her orders
in council should be revoked in three months from that date.
The wisdom of this measure was questioned by the political
opponents of the administration ; because the decree, said
to have been adopted, was not published in extenso, with
its date, and was to have effect at a future day ; and that
on certain conditions, of which the American government
could not guarantee the performance, without declaring war
against England, if she did not also revoke the orders in
council — which were as injurious to France as to the United
States. Nor was there any engagement, at the time, on the
part of the French government to provide indemnity for its
extensive depredations on Airierican commerce, committed
under its several former edicts ; notwithstanding the dec
laration of the President, that the restoration of property so
seized, must follow the repeal. Subsequent events served
to prove, that the Emperor of France did not intend to re
voke his decrees, in fact, unless Great Britain should also
withdraw her orders affecting neutral commerce, or the
United States should declare war against that nation. In-

176 FEDERAL GOVERNMENT. [1810
deed, after the first of November, American vessels and
their cargoes were seized and held for sequestration, in order
to ensure future measures by the government of the United
States, agreeable to the policy and wishes of the Emperor.
And several months later, March 1811, he declared, "that
the decrees of Berlin and Milan were the fundamental laws
of his empire." A new Envoy from France, who arrived
about this time, gave official notice also to the federal ad
ministration, that no remuneration would be made for the
property sequestered.
In the meantime, the President urged on the British gov
ernment a revocation of the orders in council, against which,
he and his predecessor had repeatedly remonstrated as
injurious and unjust ; and in this application, he assumed
that the French edicts were repealed. And yet, on the
arrival of the French Envoy, there was no official or direct
notice made by him to the President, that the Berlin and
Milan decrees were really revoked ; and the Secretary of
State, in an address, soon after published by him, expressed
his full belief, that they were not withdrawn, and no assur
ance given when they would cease to operate. In March, 1 811,
however, in this state of uncertainty, as to the past acts or
future policy of France, Congress declared its approbation
of the measure of the President adopted by his proclamation,
and passed a non-intercourse act against Great Britain.
The British ministry were not so credulous, and insisted,
that the decrees of the Emperor were not actually repealed;
and that the proclamation of the President and the subse
quent law of Congress, interdicting all commercial inter
course with that nation, was partial and unjust. And thus
the unfriendly feelings, which dictated complaints both from
the government of the United States and England, against
each other, were continued and increased. The British
government was tenacious of the policy it had adopted,
relating to neutrals ; and pleaded, that its interests rendered
it peculiarly necessary to be pursued at that time. There
had then been no ambassador from England near the federal
government, for some time. The American minister— Pinck
ney — retired from the British court, early in 1811 ; but an
Envoy was soon after appointed to the United States, with
instructions to renew the offer of reparation for the attack
on the frigate Chesapeake ; and to make other explanations,
with a view to prevent the calamities of war, which was
then apprehended would take place. Nothing very favor
able resulted from this embassy ; though the British minister
remained at Washington till the declaration of war against

1811] MADISON. 177
Great Britain by the American government. The terms of
reparation for the affair of the Chesapeake, formerly ten
dered by the British Envoy in 1809, were, however, ac
cepted in November, 1811; which were a disavowal of the
attack by the British government ; a restoration of the men
taken from that vessel ; and compensation to the families
or relatives of those killed or wounded at the time of the
attack. Several important measures werfe adopted or proposed at
the session of Congress, which began in December, 1810,
and continued to the third of March, 1811 ; which serve to
indicate the views and policy of the administration of that
period. The act relating to commercial intercourse between
the United States and Great Britain and France, which had,
been sometime in force, was modified in part, but in such
manner as to afford no advantages to merchants ; and rather
to embarrass and injure the trade with England. For cer
tain parts of the former act had been repealed, so as to in
duce mercantile enterprise to British ports ; but now they
were revived, and the goods imported from Great Britain
'made liable to seizure ; and bonds were required of those
who imported them, to await a legal decision.
Louisiana was made a separate and distinct State, with
the privileges of other States in the Union.; but great op
position was made to the measure, on the ground of uncon
stitutionality, as it was not a part of the original territory
of the United States. It was included in the tract of country
purchased of France in 1803. And it was contended, that,
according to the true meaning and intent of the Constitution,,
new States were to be formed, only by a division of one of
the original thirteen States ; or within the territory ceded
to the United States, by the treaty of peace with Great
Britain in 1783. But a large majority of Congress was in
favor of the admission of Louisiana as one of the United
States. During this session, the question was agitated in Con
gress, of the propriety and expediency of taking possession
of West Florida, by an armed force ; on the plea that it
was included in the territory of Louisiana, which had been
purchased of France. Without authority of Congress, the
President had ordered troops to march from the territory of
Mississippi into Florida, and to take possession of the
country in the name of the United States. And this order
of the Executive was given, on the supposition that Florid^
was part of the territory which had been purchased. The
Spanish authorities refused to surrender it, when demanded
23

178 FEDERAL GOVERNMENT. [1811
by the general of the United States army, which invaded
it ; and it was so doubtful, whether the claim to the territory
asserted by the administration was just and valid, that
Congress did not see fit to urge it at the point of the bay
onet ; and the troops were soon withdrawn by orders of the
federal Executive.
The act of incorporation of the United States Bank, which
was passed in 1791, was now about to expire ; and a prop
osition was made to renew it. The importance of contin
uing the Bank, for the benefit of the public finances, and
for individual enterprise, and for the monetary intercourse
between distant parts of the Union, was strongly urged,
but without success. There Avas a small majority in the
national legislature, at that time, opposed to the institution.
The Senate was equally divided on the question ; seventeen
members being in favor of a renewal of the charter, and
seventeen against it; and the President of the Senate also
gave his voice in opposition to it.
Further efforts were madeby the American administration
to conciliate the favor, or to prevent the hostile measures of
the French Emperor. And another Envoy was deputed to
the court of France, in 1811, with instructions and powers
to form a treaty, particularly relating to the interests and
pursuits of commerce. He was received with courtesy ;
and intimations were repeatedly given by members of the
French cabinet, that it was desirous of settling a commercial
convention. But the Emperor was deeply engaged in plans
of extending his power through continental Europe ; and a
part of his system was to exclude British goods and man
ufacturers, to produce all possible injury to his formidable
enemy ; in accomplishing which, he believed, the commerce
of the United States must be restricted, or be wholly under
his control. The Envoy of the United States proposed,
that as they had lost the trade to Great Britain, free inter
course should be had with the continent of Europe ; but
after a long time for considering the proposition, it was re
jected as interfering too much with the plans and policy of
the Emperor. And all this was borne by the American
administration with patience, and almost without complaint.
There is but one consideration, which presents itself,
consistently with patriotic and impartial views in the ad
ministration, from 1801 to 1812 ; and that is a belief in the
two Presidents for that period, that the conduct of Great
Britain was alike injurious and unjust ; and that the designs
of her statesmen were directly hostile to the prosperity of
the United States. And that the Emperor of France, with

1811] MADISON. 179
a few occasional and light trespasses on American commerce,
and even these committed in defence of the great cause of
human rights and civil liberty, should be considered the real
friend of the United States ; and his conduct therefore be
endured as the wholesome discipline of a political friend.
This supposition was advanced as an opology for the meas
ures adopted by the government of the United^ States. But
with this admission, the wisdom of the political course,
pursued at that time, seems not to have been fully demon
strated by the events which followed. As was said, by a
distinguished member of the Senate, from the State of Con
necticut, "the path for the administration to pursue was as
plain as a turnpike — the two belligerent nations should have
been treated with strict impartiality^-an embargo laid for a
short and limited period ; permission to merchants to arm their
vessels ; and such measures of defence, both on the land
and on the ocean, as the state of the country afforded, and
as -vyould, in a great measure, prove efficient for the purposes
of commercial protection ; and the manifestation of a proper
spirit to maintain the rights of the nation." The system
of gunboats merely for the harbors and coasts of the United
States, was declared by him, and in this opinion a great
portion of the citizens in the Atlantic States agreed with
him, to be but an apology for, if not designed to cast ridicule
on, a proper naval force. And it was the belief of a large
and respectable minority in the country, that greater efforts
should have been made to defend .and maintain the national
rights on the ocean, instead of a voluntary abandonment,
or suspension of them, on account of the ambitious projects
or capricious de^otism of any foreign power.
This protracted period of commercial interruptions and
restrictions was attended, as might have been anticipated,
by a great reduction in the trade and revenue of the United
States. The exports were much reduced in 1808, 1809,
and 1810 ; and the imports suffered corresponding depres
sion ; so that it became necessary to resort to loans, to meet
the demands on the public treasury. A system had long
been in operation, eve,n from the third year of the federal
government, and under the provident administration of the
first President, to reduce the principal of the national debt :
and a large sum was appropriated by law, to be annually
applied to that object. In May, 1810, a law was passed,
authorising a loan, equalto the amount of the public debt,
which was reimbursable that year. And thus, though the
annual reduction of the public debt took place, nominally,
a large amount -was actually borrowed, to maintain the
-oxedit of the United States.

180

FEDERAL GOVERNMENT. [1812

The American minister long remained at the court of
France; expostulating with its ministers, for unfriendly
and injurious acts towards the United States ; and impor
tuning for justice, and for some proofs of really amicable
intentions in favor of the American government. But no
direct and satisfactory answer was given to these repeated
applications of the American Envoy. After several months
of delay on the subject, the Emperor was pleased lo decree,
"that so long as the British orders in council were unre
pealed, and the principles of the treaty of Utrecht (1713)
with respect to neutrals, were in operation, his edicts of
Beriin and Milan must remain in force, as to those nations
which should suffer their flag to be denationalized." This
was at once decisive as lo the policy and views of the Em
peror, and as to the designed inoperativeness of the alleged
repeal of those decrees, as staled and promised in August,
1810. And when fhe British government was urged a sec
ond time to withdraw their orders in council, on the plea by
the American minister, that the French edicts were repealed,
they declared, " that whenever those edicts were absolutely
and unconditionally repealed by an authentic act of the
French government, publicly promulgated, their orders
would be revoked." In April,1812, the British ministers
issued a declaration, or state paper, in which they gave a
concise statement of events which preceded tlieir orders of
council, and mentioned the terms for their revocation. In
this official document it Was again declared, " that, if at
any time hereafter, the Berlin and Milan decrees, shall by
an authentic act of the French government, publicly pro
mulgated, be expressly and unconditionally repealed, then,
and from thenceforth, the order in council of January,~1807,
and of April, 1809, shall, without any further order be, and
the same are wholly and absolutely revoked." Hence it
appears, that the British government did riot, in April, 1812,
consider the French edicts repealed. Nor could there be
any just complaint against England for requiring proof of
the actual repeal of the French decrees ; though there was
good reason to object to her orders, so injurious to neutrals,
and especially to the United States.
Afterwards, "when in the month of May, 1812, the de
cree of the French government of April, preceding, was
communicated to the British court by the American minis
ter, the repeal of the Orders in Council followed, in June.
But before the intelligence of this repeal reached the United
States, war had been declared by Congress against Great
Britain, and the door to reconciliation was unhappily closed.

1812] MADISON. 181
For, probably, there would not have bfeen a resort to war,
had there been no deception and no prevarication in the
case by the government of France ; there being evidence
abundantly sufficient to show, that the British government
would have readily repealed its obnoxious orders of council
on direct and full assurance that the decrees of the Em
peror, dated at Berlin and Milan, were actually revoked.
The reasons publicly given for the declaration of war
with England were, in substance, as follows: — The im
pressment of American seamen by the commanders of
British ships of war ; their doctrine and system of blockade ;
and the adoption and continuance of the orders in council
of that governnient ; which operated extensively to the
interruption and injury of the American commerce. The
two latter, it was said, were not to be tolerated by civilized
communities, being founded not in right or justice, but in
force; and that the former was utterly inconsistent with
the honor and attributes of an independent nation. To
which was added, a long and unsatisfied demand for re
muneration on account of depredations, committed by the
subjects of that government, on the lawful commerce of the
United States.
War with England had evidently been contemplated
by the American administration for some time previously
to its formal declaration. No patriotic citizen of the United
States justified the conduct of the British government, in
all respects. Some of its orders and measures were inju
rious in their effects, arid arbitrary and unjust in their char
acter; but these did not render a war necessary. It was
also- apparent, when all the facts were known, that the
cabinet gave a tod high coloring to British acts of aggres
sion ; and endeavored to keep out of sight, or to cast a
shade on the more arbitrary measures of the French gov
ernment. The people generally did not approve of the war, though
they acquiesced in the measure when thus legally adopted.
And some of the leading friends of the administration were
known to be opposed to it. The measure was adopted in
the House of Representatives by a small majority ; but did
not pass the Senate till fourteen days, after the question
was first submitted to that body, though pressed by sever
al members. At first it was evident that the majority was
against war ; and a proposition , was made on which the
Senate was equally divided, at the first vote, for granting
reprisals against the commerce of Great Britain, by public
or private ships of the United States ; but after severdJ

182 FEDERAL GOVERNMENT. [1812
days of discipline and urging, a majority voted in favor of
it. It was the opinion of a great portion of the United
States, that injury had been received from both France and
England ; equally from the former as from the latter ; but
to make war on both would be unwise ; and that it was
not necessary, to the maintenance of the nation's rights to
make war on either. The administration was in favor of
a different course ; and chose war with Great Britain rather
than with France. A few months delay of this decision,
so disastrous in its effects, might have prevented the sad
alternative ; for the British Orders in Council were repeal
ed in June, soon after an a.uthentic assurance was given that
the French decrees had been revoked. It was afterwards
made evident, also, that some of the French state papers,
then recently received, were not laid before Congress, when
the measure of war was under discussion ; and these so ex
ceptionable and insolent, that, had they been communi-
.cated at the time, the majority of the national legislature
would not have consented to the declaration of hostilities
against England.
The declaration of war was preceded by an Act of Con-
-gress, of the fourth of April, imposing an embargo for
ninety days ; which, with other Acts passed by the federal
government, at the time, indicated its ultimate object,
though the opinion was still expressed by many of the citi
zens, that such an extreme measure Avould not be adopted,
For, in addition to the fact, that the nation was not pre
pared to engage in and prosecute a war with efficiency
against so formidable a naval power as England, the ne
cessity of such a measure did not appear, from considera
tions either of national rights or interests. Neither the hb
erty nor the territory of the United States was directly at
tacked ; and the injuries received were rather incidental
than designed to operate unfavorably on the commerce of
the United States. Nor was it perceived, that a war, if
prosecuted with ability and energy, would procure the re
cognition of principles and claims advanced by the Amer
ican government, in the declaration of hostilities. Events
soon proved the correctness of these opinions, expressed at
the commencement of the war, as well as before a formal
declaration was made. For peace was earnestly sought
and made by the American administration, within three
years after it was declared, without obtaining the admis
sion of Great Britain, of the doctrines first asserted and in
sisted pn, as indispensable to a future amicable treaty or
cpmpromise.

1812] MADISON. 183
There was also something surprising and unaccountable
in the declaration of war, by the American government, at
the time it was made ; as no very adequate means had
been prepared for such a crisis. The people were thus left,
to indulge in suspicions and apprehensions, that causes un-
revealed and unknown to the nation, had an infiuence in
producing this unexpected result. The only explanation
to be given, and the conjecture best supported by circum
stances, then recently developed, was that a desire to pre
serve the friendship of the French government had an un
due infiuence in the alternative chosen by the political
party then in power. That the declaration of war was
hasty and improvident, was generally acknowledged after
wards ; and the effect was a more full and prevalent opin
ion against the policy of war ; and a resolution, in the re
flecting part of the people, to give greater influence to the
benevolent and pacific principles of Christianity.
It was not probably the design or purpose of the adminis
tration to oblige the British government, by the declaration
of war, or by any naval force it could employ, to yield the
points so long in dispute between the two nations. The
American navy was comparatively small ; and the policy
for ten years, had been to diminish, rather than to increase
it. No large ships of war had been built, during that pe
riod, although efforts had been made by the minority for
that purpose. A number of gunboats had indeed been
prepared, but they were designed merely for the defence of
the bays and harbors of the country. Nor had such pro
vision been made for the augmentation of the regular troops
in the service of the United States, as the crisis, brought on
by the administration itself, required, though some increase
was ordered ; and resort was therefore early had to the aid
of the militia for defence and safety. In April, 1812, one
hundred thousand were ordered to be detached and equipped,
in all the States of the Union, to be apportioned according
to<the population of each State. The detachment was
made in se-yeral States ; but it was in the expectation that
they would be employed only in case of invasion, or immi
nent danger of invasion, and for defence in times of great
exigency, when the regular troops could not protect the
places invaded. But it soon became manifest, that the
militia were to be chiefly depended on, and must, therefore,
be employed in a similar manner with regular troops ; and
even be called forth to assist in invading and conquering
the neighboring territory of Great Britain. Large bodies
of troops, and of the militia, were ordered to the northwest-

184 FEDERAL GOVERNMENT. [1812
ern borders of the United States, where no other object could
possibly be in view, than to take possession of and subdue
a portion of the territory, by mihtary force. For no inva
sion of the United States was then threatened by the Cana
dian provinces; and a proclamation was issued by one of
the American generals on that border, evidently intended
to induce the people of Canada to submit to, and become
connected with, the American federal government.
That more adequate and efficient measures for the de
fence of the country were not provided, before war was de
clared, is proof that no invasion was then expected or feared.
Great Britain had made no preparation for such an enter
prise, nor threatened it ; but, on the other hand, seemed
desirous of maintaining amicable relations with the United
States ; though unwilling to yield to the demands repeated
ly made, for a relinquishment of the doctrine of blockade,
of impressment of seamen who were natural subjects of
England, or of interdicting to neutrals the trade with her
enemy in war, not permitted in a time of peace. On these
points, the British government was tenacious and deter
mined ; and was ready to encounter the hostile movements
of the United States, in addition to the attacks of European
powers, rather than agree to the demands made of them;
leading, as they believed, to their own subjugation and
ruin. The neglect of previous and seasonable preparation for
war, was the occasion of extravagant expenditures after
wards* to place the nation in a sufficiently formidable atti
tude, either for defence, if invaded, or for an attack on the
British provinces, as was early projected. Men and provi
sions were wanted for the extreme western military post at
Detroit, in the vicinity of Upper Canada ; there not being
an adequate force even for defence, much less for invading
that territory, which was ordered. The regular army filled
up but slowly, compared to the instant exigency and call;
but few volunteer companies were raised ; and though,, the
militia were detached in several of the States, there was a
reluctance generally in calling them into the field, until in
vasion should take place, or immediately threaten.
A disposition, on the part of the British government to
remain in friendship with the United States, was manifest
ed about the time the American Congress declared war
* A law was passed in June, twelve days after the declaration of war, au
thorizing the issue of treasury notes, to the amount of five millions of dollars ;
and at the following session of Congress, it was found necessary to issue ten
millions more.

1812] MADISON. 186
against that nation, by repealing the orders in council, so
injurious to neutral commerce, and the revocation of which
had been often, demanded by the federal executive. On
satisfactory ^idence,- that the French edicts of a similar
character were actually revoked, the British administration
caused its orders to be withdrawn, June 22d ; and the
intelligence of this repeal reached Washington the last of
July. An armistice was also proposed by the British, but
it was not accepted. For although it is very probable war
would not have been declared by Congress, had the British
Orders in Council been withdrawn, and the fact known in
the United States before a formal declaration was made ;
these orders were not the only or chief reason given for
resorting to that alternative. The principal cause of the war
was stated to be the impressment of seamen, by the British
commanders, from the vessels of the United States ; and as
there was no engagement made by the British ministry on
the subject, the armistice was not accepted, nor did the
American governihent cease hostilities which had already
commenced; and it was again explicitly announced, that
until an adjustment was made on the subject of impress
ments, essentially agreeable to the views of the federal ad
ministration, the war would be prosecuted.
A very interesting question arose at this period, involving
a great Constitutional principle, as to the extent of the
power of the federal executive over the militia ; whether
they were under his uncontrolled and merely discretionary
direction ; or whether the authority of the general govern
ment to employ and command them was limited, and only
to be exercised in certain specified exigences. The lan
guage of the Constitution, on this subject, is as follows :
" Congress shall have power to provide for calling forth the
militia, to execute the laws of the Union, suppress insur
rections, and repel invasions." And when the President
directed the general officers of the United States army, to
call on the governors of the respective States for the mi
litia, to be put under the command of those officers, in any
case they might require, some of the governors declined
so to call them forth and place them under command of an
officer of the regular army ; but, at the same time declaring,
that when there should be an actual invasion, or immediate
danger of invasion, the militia would be ordered out to,
repel it, and to defend the coast invaded ; and be placed
under the command of an officer in the service of the gen
eral government.
The principal reasons given for declining to call out the
24

186 FEDERAL GOVERNIMENT. [1812
militia and place them under the command of officers of
the regular national army, were, that it was inconsistent
with the rights of the militia, as citizens, to dispose of them
in this manner, and was converting them into a body of
standing troops against their will ; and that the Constitu
tion evidently required their being called into public mili
tary service by authority of the federal government to repel
invasion, unexpectedly arising, and no regular troops pre
pared for the defence of the country : the power over the
militia, the citizen soldiers of a State, being vested entirely
in the governor thereof ; except in the emergencies particu
larly stated in the Constitution. The argument of the fed
eral administration, on the other hand, for claiming author
ity to call out the militia, as was done, at an early period,
was, at least, plausible ; and some believed, sufficiently
valid, to justify the call, and to charge the governors of the
States who refused to order out the militia, with a gross
and dangerous neglect of public duty.
It was observed, that, as war had been declared, the
whole country was exposed to attacks from Great Britain ;
and that, both for defensive and offensive measures, the
whole force of the United States should be subject to the
control and direction of the federal executive, in such time
and manner as he might judge necessary or proper.
This is a most important subject ; and, as in 1812, there
is still a difference of opinion, respecting the authority of
the federal government over the militia. The doctrine as
serted at that period, by the friends of the administration, goes
to destroy all State authority over the militia in time of
war ; and to justify the ernployment of them by the general
government, in the same manner with regular troops ; and
thus power would be allowed an ambitious President to de'
stroy the liberties of the people. And the extreme of the
opposite construction, which -would leave it to the governor
of each State when, and where, to order out the mihtia,
might often produce disastrous results.
The opinion expressed by the men then in power in the
federal government, was quite different from that which
they had advocated a few years before, when they were in
the minority. They had insisted on a rigid construction
of the Constitution, and opposed all exercise of power in
Congress and in the President, not plainly authorized by
that instrument ; and contended strenuously for the right
of authority in the State governments to act in all cases,
not expressly granted to the general government. And the
former administration and its friends had been charged

1812] MADISON. 187
-with a design to exceed the powers given by the Constitu
tion, in its strong measures;- and as aiming unduly to re
strict and lessen the authority of a State. By claiming a
right to command and control the militia, without the ap
probation or consent of the State authority, as was done in
1812, the opposite doctrine was assumed to be correct ; and
the practical result would be a concentration of the whole
power and force of all the States in the hands of the Pres
ident and his agents, despite the dissent and remon
strance of the State authorities. The Constitution did not
give an unqualified or unlimited authority over the militia
to the federal government, but confined it to particular ex
igences ; and unless such occasions presented, the federal
executive possessed no just authority to command or employ
them. If the President, and his subordinate officers, had
a constitutional right to call out and employ the militia, as
asserted, they might require their services, and keep them
under control, when and as long as they might order, under
the pretence, that an invasion might take place at some
future day, even in six or twelve months; and that it was
necessary to be seasonably prepared to act for the defence
of the country. The doctrine was so evidently liable to
abuses and an arbitrary exercise of power, as well as in
compatible with the constitutional rights of the militia, that
many political friends of the administration repudiated it
by open and explicit declarations.
In several States, where the militia were not called into
the field, when war was first declared, and their services
first required, the legislatures afterwairds authorized the
Governors to order them out, in the event of invasion, or of
imminent danger thereof : and the militia were actually and
readily employed, at subsequent periods of the war, when-
the territory of the United States was invaded, or the ap
pearance of the enemy on the coasts, or near the borders^
indicated an intended attack.*
When it was known, that the British orders in council,
so justly complained of, and which furnished one of the
* On application of the people near the northeast bounds of Mame, then
part of Massachusetts, the Governor ordered several companies of militia to
march to that frontier for defence. They apprehended an attack from the
British in New Brunswick; and satisfied the Governor they had sufficient rea
son to fjear invasion at that time. He promptly ordered a military force for
their protection, though he had dechned to call out the militia of the State,
when the war was first declared. He gave the federal executive notice of
this measure, and declared his readiness to place the men under command of
an officer of the United States for the purppses of .defence.

188 FEDERAL GOVERNMENT. [1812
principal reasons for the declaration of war against that
nation, were withdrawn, arid cessation of hostilities or an
armistice proposed, the people of the United States became
more dissatisfied, and generally expressed a strong desire
for renewed negotiations and for peace. The views and
sentiments of a great portion, if not of the majority of the
citizens, were probably justly expressed in the resolutions,
referring to the war and the causes or pretences for it,
adopted by a very large meeting in the city of New York,
on the 19th of AugUst, 1812 ; and given in the note below.*
* "Resolved, that the legitimate objects of government is the public good,
to promote which its powers ought to be exercised : That a free people have
a right to form an opinion pf the conduct of those entrusted with authority, and
to express that opinion: That our national government is an association of the
States, for then joint and several advantage: That exercising the powers of
that association, to the great and manifest injury of its members, is a breach of
trust: That to adopt rules of proceeding, by which the people are deprived of
the power of expressing their sentiments through their representatives, is a
violation of the first principles of representative government: That the pros
perity of the State is principally derived from agriculture and commerce : That
the interests of these two great sources of national wealth and power are in
separable; wherefore, the war, lately declared, being destructive to th? one,
cannot but impair the other: That war, one of the greatest calamities which
nfflict manldnd, is, when waged without just cause, an insult to the divine
Majesty: That, if undertkken, however just the cause, without probability of
success, is an act of extreme imprudence: That where the injury which must
result is great and manifest, while the object to be secured is of trivial com
parative importance, the interest of a nation ought notto be hazarded; still less
for the gratification of personal partialities or resentments: That the war,
lately declared by a slender majority of Congress, is unwise: That the cir
cumstances, tmder which it was declared, were unfavorable: That the con
sequences, to which it leads, are alarming: That it is unwise, because if
unsuccessful, the objects for which it is waged, whatever they may be, will
probably be abandoned; [They were abandoned or waived;] That the more
important those objects are, the more unwise must be a war which rashly puts
them to the hazard: That if it be intended to establish national rights, it ought
to have been considered, that those rights, though violated, could not, while
claimed, be considered as abandoned; whereas, if at the end of an unsuccess
ful war, the nation should relinquish them for the salce of peace, they will be
annihilated ; or, at least, will depend on the issue of another bloody contest:
That it would have been difficult to select a moment more unfavorable for a
measure so portentous; the United States unprepared, the treasury empty,
articles of primary importance omitted to be procured in season , and not now
to be purchased, much of the funds of our mercantile citizens in the hands of
those now by Congress made olir enemies, property to a large amount afloat
on every se4, the revenue impaired by irrifttudent commercial restrictions, and
now by the war destroyed; the nation against whom the war is declared, Com
pletely armed and possessed of ample ttieans to protect herself and to aniioy
uS, her fleet mistress of the ocean, and io a capacity to lay Waste many of OUr
maritime titles and towns: That a comparison df the cbhdition, in Which the
two nations stodd at the tittle of that d6t:ltiratlbn, and ih Which they hoW stand,
is alone Sufficient to show that ih making it, our rulerS were not possessed of,
or did not exercise, a sound pdlitical discretion: That a defensive war is to be

1812] MADISON. 189
It was the largest assembly tii respectable citizens e-ver
witnessed in that place ; and was attended by the most
distinguished and experienced patriots of that city and
vicinity ; among whom were John Jay, who had been a
member of the first continental Congress, in September,
1774, chief justice of the Supreme Court of the United
States, secretary of foreign affairs in the time of the old
Congress, Governor of the State of New York, and envoy
extraordinary to the court of England, in 1794, appointed
by Washington ; Rufus King, who was an early member
of the old Congress, a delegate in the Convention for form
ing the federal Constitution, a Senator in Congress after
wards for several years, and then minister to Great Britain ;
Governeur Morris, also one of the delegates in the Conven
tion which formed the federal Constitution, an envoy to the
court of France, and late a Senator in Congress ; Egbert
Benson, Judge of the District court of the United States,
and many years before, a member of Congress ; Matthew
Clarkson and Richard Varick, distinguished patriots of the
Revolution, and eminent for their public services and moral
worth. The resolutions were prepared by these individuals.
sustained by every effiirt and under the pressure of every calamity, but previous
to the commencement of offensive war, common sense would have dictated to
men of an ordinary capacity, to restore the revenue, to replenish the trejisury,
permit our citizens to bring home the wealth which in the course of a lucrative
commerce they have scattered abroad ; fill the military arsenals and magazines ;
and above all, build and equip a respectable navy: That a calm review of the
conduct which has been pursued, and which is so utterly irreconcilable to the
maxims of common prudence, so little commended by any facts which have
been exhibited to public view, and so fatal to the dearest interests of this
country, leaves no room to doubt of the alarming consequences to which it
leads: That we are inesistibly drawn to the conclusion, that the American
people will, under the name and form of an alliance, be submitted to the will
and power of the French Emperor: That in this view of the subject, the ques
tion of peace or war, involves all that is dear and 'valuable to men on this side
tho grave.' We are, therefore, under the dire necessity of declaring, that we
have no confidence in the men ioho have brought us to this perilous condition.
We do not, because we cannot, examine the causes of that management, the
mischievous effects of which we so deeply feel and so seriously apprehend;
but called upon by an imperious sense of duty, we declare our sentiments, and
vve entreat oiir fellow citizens to declare theirs. We implore them to lay aside
party distinctions, to banish party feelings, and to unite. In union is force, in
force safety. If it shall appear that the majority is in favor of war, be it so;
we must submit. If, as we fully believe, a great majority is desirous of peace,
let the fact be known: and to this end we propose, that representatives be
chosen in the several counties of this State, discreet menand friends of peace,
to correspond or confer with each other, and co-operate with the friends of
peace in other States, in devising and pursuing such constitutional measures
as may secure our hberties and independence, and preserve pur Union, whjcJi
are endangered by the present war,"

190 FEDERAL GOVERNMENT. [1812
This was a period of great anxiety and of uncommon
excitement. There was not only an apprehension of ex
tensive calamity, the natural consequence of war, an accu
mulation of the public debt, loss of property, detriment to
commerce, and sacrifice of human life ; but a fear of undue
military authority, of the exercise of arbitrary power, under
the plea of necessity, of a resort to unjust and oppressive
acts to oblige the people to support the war ; and most of
all, a close connection, or alliance, with the French govern
ment, then a most alarming and despotic power, though
professing to be friendly to republican States; the nation
being then entirely subject to the will of one man, whose
ambition was unbounded, and whose want of moral princi
ple was such, as that no reliance could be placed on his
promises or his justice. It was believed to be the natural
•consequence of a war with England; especially as it was
waged, with the approbation, if not by the dictation, of the
Emperor, and was likely to operate in furtherance of his
views of universal empire.
The spirit and language of the warm friends of the ad
ministration, soon after war was declared, served also to
¦alarm the fears of the people, and to induce the more intel
ligent to ponder on the policy and movements of the ad
ministration. It was openly declared, by the advocates for
war, " that there could no longer be endured, any expres
sions of disapprobation of the measures of Congress or of
the federal executive — that the time for discussion was past,
and all must now unite in support of the war, in person,
or by contributions." In some instances, direct threats
were uttered towards such as spoke against the policy of
war measures ; and acts of violence were committed, by
mobs, on peaceable citizens, for daring to speak or write
against the war. The streets of Baltimore were moistened
with the blood of some of her most worthy and patriotic
citizens, who exercised the rights of freemen, by discussing
the measures of the administration. In other places, indi
viduals were threatened with violence, unless they would
contribute to funds for carrying on the war, by making
loans to the government, which had incurred great expenses
without any means to meet them.
The general character of the individual, then President
of the United States, was such as would have led to the
opinion, that he would not hastily give his consent to war.
He had none of the peculiar attributes of a military hero,
and had never been a soldier. He -was esteemed as a phi
losopher, or a statesman in a republic, when war is not to

1812] MADISON. 191
be supposed to occur, unless in extreme cases for defence.
And many anxiously interrogated, whether there was not
some strange infatuation prevailing in the federal councils ;
or whether the measure of an offensive war could be ac
counted for on the supposition of unreasonable prejudices
and antipathies towards Great Britain, and of equally
unreasonable partialities for France. For sometime, it
appeared, that the reign of terror had commenced ; and that
similar scenes of violence were to be witnessed, as had been
in revolutionary France ; but there was too much intelligence
and love of order, and too great a love of rational liberty,
indeed, to allow such a state of things long to exist in the
United States ; and the tone and conduct of the inconsid
erate friends of the administration soon became more prudent
and proper. The -war had its, course, under the direction
of the federal government, to which it exclusively belonged
to continue it, or to makepeape. Many assisted no farther
than the laws required, and continued to express a desire
that it might soon be brought to an end. The number, who
were dissatisfied with the war, and who wished for its ter
mination, constantly increased ; and this was, probably, one
consideration with the federal administration for giving in
structions, in 1814, to its ministers then in Europe, to enter
into fresh negotiations for peace.
The first military effort after the war began, was at
tended with defeat and, disgrace. A large force Was then
at Detroit, and were soon ordered to invade the neighbor
ing British province of Upper Canada, but they were not
sufficiently provided with munitions of war to authorize
such an expedition. It was,, indeed, supposed that, most
of the Canadians would submit without resistance, but this
proved to be a great mistake. The American troops, under
General Hull, passed over the lake, and effected a landing
on the Canada side, without opposition. They, however,
did not meet with friends to welcome or assist them, as
they had hoped ; and some regular British troops in that
province, whose commander had early intelligence of the
war, were promptly marched to defend that part of the
country where the Americans had proceeded. The cannon
of the latter was found to be in almost a useless state, and
General Hull returned to Detroit without capturing any
important post, or acquiring any military honors. The
British general in that quarter, who appears to have been
a character of decision and energy, soon made an attack on
Detroit, and the American commander surrendered to him
that important post. He was highly censured by the ad-

192 FEDERAL GOVERNMENT. [1812
ministration and its friends, and afterwards arrested and
tried, on a charge of cowardice and treason. Others, with
out justifying his conduct on that occasion, believed there
was some apology for him, in the inefficient preparation
which had been made, to enable him to defend his po
sition. Another invasion of Canada was made in October, by
the United States troops, a great portion of which were the
militia of New York. They were under the immediate
command of Major General Stephen Van Rensselaer, of that
State, and numbered over two thousand. He crossed the
river opposite to Queenstown, on the Canada side, and im
mediately attacked and took possession of the town, but
not without a vigorous resistance, and many of his troops
killed and Avounded. A large regular British force, which
was in the vicinity, promptly marclied to Queenstown, and
a severe battle ensued. The United States troops at
Queenstown were not supported by those on the eastern side
of the river, as was expected, and although General Rens
selaer passed over and urged their crossing the river.
The.se were mostly militia, and they refused to proceed, to
Queenstown, as directed. The British were more numerous
than those from the United States, who had crossed the
river ; and, under the command of brave and skilful officers,
they overpowered the latter. A great slaughter was made
of the United States' troops, and many officers were killed
or wounded, and about four hundred taken prisoners.
A third invasion of Canada was projected soon after this
defeat, but was not carried into execution, except that
a small detachment passed over to the Canada side, and,
attacking a fort near the river, returned in a few hours.
The preparations deemed necessary for the invasion occu
pied much time, and it became too late in the season to
commence offensive operations with any hope of success.
It was believed necessary to make the invasion, if at all,
with six thousand men ; and though the troops then in
service in that quarter amounted to eight thousand or more,
many were debilitated by sickness. And probably the re
verses which had already occurred, induced the command
ing officer to refrain from another attack, without a more
powerful army. Proclamations were issued, however, of
a boasting and threatening character, not much to the credit
of the writers, either on the score of wisdom or bravery.
But it ought to be recollected, that it was not supposed by
the administration, that any very great opposition would
be made by the Canadians, and that the United States'

1812] MADISON. 193
army was not sufficiently provided to ensure success in the
invasion of that country. In truth, the army, and its offi
cers, were more formidable in this paper warfare, than in
efficient action. The troops were ordered into winter
quarters in different places ; and thus, the land campaign
of 1812 was brought to a close, without giving much an
noyance to the British, or procuring much glory to those
who planned or engaged in it. A belief had been enter
tained by the friends of the administi-ation, that Canada
would readily submit to the United States, and that a small
military force would soon subdue the British provinces.
How this, enterprise, even if successful, was to establish the
maritime rights of the United States, did not fully appear :
and it became evident, that the people generally did not
justify the invasion of the enemy's territory, when they
had been often assured that the war was entirely in defence
of individual or national rights.
The naval arm of the United States proved more efficient
and more useful. Compared to.that df Great Britain, indeed,
the American navy was quite insignificant, and altogether
inadequate to contend with the naval power of that nation.
Yet it was repeatedly successful in contests with single British
ships of war of equal and even of larger size. The American
naval commanders exhibited equal enterprise and courage ; .
and had the navy been cherished and augmented for the
previous ten years, as many judicious statesmen proposed,
it would have been far more efficient than it was. By the
provident enterprise, and the prompt action of the few pub
lic armed vessels then in service, much property was saved
to the United States, and the British were led to acknowl
edge the great skill and bravery of Americans on the
ocean, where that nation had long borne undisputed sway.
The administration how became convinced of the vast
importance of a navy ; and, froni this period, was in favor
of its increase. At the session of Congress in March, 1812,
and a short time before the declaration of war against
Great Britain, it was ordered that the few frigates then be
longing to the United States, should be repaired ; and three
others, then' on the stocks, should be completed. Three
hundred thousand dollars were voted for these purposes.
But, in December following — after several successful naval
enterprises, which not only displayed the bravery of the
officers and seamen, but rendered essential service to the
nation — further and more liberal appropriations were made
for the augmentation of the navy. Two millions and a
half dollars were devoted to this object, and the President
25

194 FEDERAL GOVERNMENT. [1812
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 had power given
him also to purchase or procure other sloops of war, and
smaller vessels, for the public service ; and the further sum
of two hundred thousand dollars was appropriated for that
purpose. Though the war was opposed by a large portion
of the people at first, and as the repeal of the British orders
in council, soon after followed, and the disasters and de
feats suffered by the army on the northwest borders, yet the
additional expenses incurred for increasing the navy, were
almost universally approved. The measure indicated a
disposition to defend the maritime rights of the nation,
which the policy for some years previously pursued, seemed
to sacrifice or abandon. It had been often said, by a por
tion of the people, that, unless it was in the policy of the
administration from 1806 to 1812, to retire from the ocean,
and to relinquish all commercial pursuits, it would be essen-
^al to prepare a respectable naval force. The people in the
Atlantic States were decided and earnest in favor of a
navy ; and the neglect of the federal government, during
the period just mentioned, to increase, or to keep it in its
former state even, serA'-ed to destroy all confidence in the
wisdom of the dominant party. The regard manifested
by the administration for giving strength to the navy, at
this time, therefore, gave much satisfaction to the people,
and saved the federal rulers from a total loss of confidence
in the majority. Their conduct in this respect, did not in
deed, make many converts to the war policy, but a hope
was thereby raised, that the commercial and maritime
rights of the nation were not disregarded nor undervalued.
The C!ongress met on the first Monday of November,
1812, as had been provided by a law passed in July pre
vious, when the former session was closed. The message
of the President to the federal legislature, in compliance
with a provision in the Constitution, " that he should give
Congress information, from time to time, of the state of the
Union, and recommend to their consideration such meas
ures as he might judge necessary and expedient," will best
disclose the opinions and views of the administration at
this very critical period, and describe the condition of the
United States, as to public and national affairs.
The message states, "that, as a measure of precaution
and forecaste, a large force was placed at Detroit, before
the declaration of war, with a view to its security ; and, in the
event of war, to such operations in Upper Canada, as would

1812] MADISON. 195
prevent the influence of the British [officers or agents] over
the savages, obtain command of the lake, on which Up
per Canada borders, and maintain co-operating relations
with such forces as might be employed against other
parts " [of the British Provinces.] The unfortunate result
of General Hull's invasion of Upper Canada, and the fall
of Detroit are then noticed. Complaint is then made of
the employment of the savage tribes, by the British gen
eral, in attacks on the troops and inhabitants of the United
States. The protection of the northwestern frontiers, it is added,
had been given to General Harrison, " who had the entire
confidence of his fellow-soldiers and fellow-citizens, in that
part of the country." The message refers to the attack
made on Queenstown under General Van Rensselaer, in Oc
tober ; and it is said, " that the attack was conducted with
distinguished gallantry." The President says, the object
had been " to gain command of the l^kes ; and that a na
val force would be provided there superior to that of thfe
British." The refusal of the Governors of Massachusetts
and Connecticut to call out the militia and place them un
der the command of an officer of the regular army, was
thus noticed in the message ; "if the authority [of tJhe fed
eral government] to call the militia into service and com
mand for the public defence, can be thus frustrated, in a
state of war, and of course, under apprehensions of inva
sion preceding war, we are not one nation for the purpose
most of all requiring it ; and the public safety may have
no other resource than in those large and permanent mili
tary establishments, which are forbidden by the principles
of our free government, and against the necessity of which
the militia were intended to be a constitutional bulwark."
" On the coasts and on the ocean, the war has been as
successful, as circunistancep connected with its early stages
could promise. Our public ships and private cruisers, by
their activity, and where there was occasion, by their in
trepidity, have made the enemy sensible of the difference
between a reciprocity of captures, and the long confine
ment of them to their side. Our trade, with some excep
tions, has safely reached our ports, having been much fa
vored and protected by our public armed vessels.
"Anxious to abridge the evils frOrn which a state of
war cannot be exempt, I lost no time, after it was declared,
in conveying to the British government the terms on which
its progress might be arrested,, without waiting the delays
of a formal and final pacification ; and the Envoy at Lon-

196 FEDERAL GOVERNMENT. [1812
don was authorized to agree to an Armistice founded upon
them. These terms required, that the orders in council
should be repealed as they affected the United States, with
out a revival of blockades violating acknowledged rules :
that there should be an immediate discharge of American
Seamen from British ships, and a stop put to impressments
from American ships in future; with an understanding
that an exclusion of the seamen of each nation from the
ships of the other should be stipulated ; and that the Ar
mistice should be improved into a definitive and compre
hensive adjustment of depending controversies.
" Although a repeal of the orders in council, susceptible
of explanation meeting the views of this government, had
taken place before this pacific advance was communicated.
to that of Gr^at Britain, the proposition was declined, from
an avowed repugnance to suspend the practice of impress
ments during the Armistice ; and without any intimation
that the arrangement proposed respecting seamen would be
accepted. Whether the subsequent communications from
this government, affording an occcasion for reconsidering
the subject, on the part of Great Britain, will be viewed in
a more favorable light, remains to be known. It would be
unwise to relax our measures, on a presumption of such a
result. " Our affairs with France retain the posture which they
held at my last communications to Congress. Notwith
standing the authorized expectation of an early and favora
ble issue to the discussions on foot, these have been procras
tinated to the latest dates. The only occurrence meriting
attention is the promulgation of a French decree, purport
ing to be a definitive repeal of the Berlin and Milan de
cree. This proceeding, although made the ground of the
repeal of the British orders, is rendered, by the time and
manner of it, liable to many objections.
" With a view to that vigorous prosecution of the war, to
which our national faculties are adequate, the attention of
Congress will still be particularly drawn to the insufficiency
of existing provisions for filling up the military establish
ment. A revision of the militia laws, for the purpose of
rendering them more systematic, and better adapting them
to the emergences of the war, is at this tihae particularly
desirable."* * It is stated in the message, that the receipts into the treasury, for the
year ending in September, were sixteen and a half millions of dollars— that
three millions of the principal of the .public debt had been paid; but six mil
lions had been received on loans ; and that eleven milhons had been actually
received on loans, at different times.

1812] MADISON. 197
This statement of national affairs was as favorable to the
conduct of the administration as could possibly be made ;
and made, it should be recollected, by one interested to
render it as plausible and justifiable as might be, of the
measures and policy adopted. It appears to have been an
early plan of the executive to send troops into Canada,
and to take, possession of that territory. Reliance was also
evidently placed, on the assistance of the militia, not merely
for defence in case of invasion of the United States when the
British became an enemy, by the declaration of war ; but
for increasing the force ordered to enter the British territory
for conquest ; and for regular service in the war, in such
manner and to such extent as the federal executive might
think proper ; instead of calling on them, as the Constitution
had provided, to defend the country against invasion.
By the correspondence between Admiral Warren, then
Commander-in-Chief of all the British forces on and near
the American continent, and the Secretary of State of the
United States, which the President communicated to Con
gress, at this time; as well as by a proposition madeby
the British- Commander-in-Chief in Canada ; it was offi
cially notified to the American adniinistration, that the
orders in council were repealed on the twenty-third of June ;
it was also proposed to suspend hostilities between the two-
nations ; and to enter anew on negotiations relating to the
laws of Congress interdicting the commerce and ships of
war of Great Britain from the harbors and waters of the-
United States ; and to the permanent revocation of . the
British orders in council.
But this proposition was not favorably received by the
American administration ; and in reply to it, the Secretary
of State was directed by the President to declare, " that a
suspension of the claim, or forbearance to press or act upon
it, during the cessation of hostilities, was indispensable to
such cessation ; for experience had fully evinced that no-
peace could be durable unless this object were provided-
for." But the instructions to the British Admiral, author
izing him to propose a cessation of hostilities, and to enter
on further negotiations for the speedy restoration of peace,
did not authorize him to adjust or discuss the subject of
impressments. The Secretary added, " without further discussing ques--
tions of right, the President is desirous to provide a remedy
for the evils complained of on both sides. The claim of the
British government is to take from the merchant vessels of
other countries all British subjects. In this practice, the

198 FEDERAL GOVERNMENT. [1812
commanders of British ships of war take from vessels of
the United States American citizens. If the United States
prohibit the employment of British subjects in their ser
vice, and enforce the prohibition, by suitable regulations
and penalties, the motive for the practice is taken away.
It is in this mode, that the President is willing to accom
modate this important controversy with the British govern
ment ; and it cannot be conceived on what ground the ar
rangement can be refused.
" A suspension of the practice of impressment, pending
the armistice, seems to be a necessary consequence. It
cannot be presumed, while the parties are engaged in a
negotiation to adjust amicably this important difference,
that the United States would admit the right, or acquiesce
in the practice of the opposite party ; or that Great Britain
would be unwilling to restrain her cruisers from a practice,
which would have the strongest tendency to defeat the ne
gotiation. It is presumable, that both parties ^would enter
into a negotiation with a sincere desire to give it effect.
For this purpose it is necessary that a clear and distinct
understanding be first obtained between them, of the ac
commodation which each is prepared to make. If ,the
British government is willing to suspend the practice of
impressment from American vessels, on consideration that
the United States will exclude British seamen from their
service, the regulations by which this compromise should
be carried into effect, would be solely the object of nego
tiation. The armistice would be of short duration. If the'
parties agreed, peace would be the result. If the negotia-'
tion failed, each would be restored to its former state and
to all its pretensions, by recurring to war."
The conduct of the administration, in reference to the pro
posal of the British government, for u cessation of hostil
ities, and an adjustment of the long-existing disputes be
tween the two nations, was a subject of much discussion
through the United States. By a moiety, if not the major
ity of the citizens, the course pursued by the federal exe
cutive was justified and approved ; the rights of the nation,
and of the seamen particularly, requiring the rejection of
the overtures made by the British, and a vigorous prosecu
tion of the war ; while a large portion, perhaps one haff of
the people, as some writers asserted, being either opposed
to the war at first, or at the unsuccessful enterprises of the
army, and believing that the offers of the British, govern
ment were consistent both with the welfare and honor of

1812] MADISON. 199
the nation, condemned the policy of the administration in
strong terms; and fully expressed their apprehensions
that the war must continue many years, if peace could
only be restored on the conditions urged by the federal
rulers ; and that the consequence would be a close alliance
with France, then governed by a military despot. It was
believed the British ministry would never surrender the
claim to search and take their own seamen from neutral
merchant vessels- — the right to take them by force from
public armed ships was given up — and that it was impro
per to require it : and to continue the war, therefore, while
this was the only or chief difficulty in the way of negotia
tion and peace, was alike inexpedient and unjust. The
war, however, was still prosecuted ; and niore efficient
measures were adopted by Congress to render it successful.
The people were led to believe, by a partial statement of
fads, and by addresses to their prejudices, that Great Bri
tain was aiming to subdue the United States, and to bring
them back to their former allegiance to the British king ;
and many were directly interested in the continuance of
war, as it gave them office and employment. A small
majority in Congress, also approved of the opinions and
views of the President, as given in his^ message; and ex
pressed their approbation of his rejection of the proposed
cessation of hostilities by the British, on the terms ofl'ered ;
insisting " that the impressment of seamen being the princi
pal cause of war, it must be prosecuted till that cause was
removed." On some other important subjects, connected
with the policy of the war, the majority of the federal legis
lature could not be persuaded to support the measures
proposed by the warm friends of the administration. A
law for the relief of merchants who had imported British
goods after the 23d of June, and before the 15th of Sep
tember, was passed, though opposed by most of the mem
bers who approved of the war. And the bill for increasing
the naval establishment was also opposed by many friends
of the administration; but finally received the sanction of
the majority of Congress.

20O FEDERAL GOVERNMENT. [1813

CHAPTER IX.
Prosecution of the War. Terms Offered for Cessation of Hostilities by Great
Britain Rejected. British Orders in Council Repealed. Charges of French
Influence. Disasters of the United States' Troops on the Borders of Canada.
Inadequate Means of War. Further Call for Militia. Dispute on the Power
of Congress over the Militia. Naval Victories. Success on Lake Erie.
And of General Harrison, at Fort Meigs, and Maiden, &c. Invasion of Can
ada Unsuccessful. War Unpopular. New Terms of Peace proposed. Peace
Made, without Obtainmg any of the Objects for which War was Declared.
Mr. Madison, of Virginia, was again elected President of
the United States, for the term of four years, from the
fourth of March, 1813. De Witt Clinton, of New York,
was the other candidate for that high and responsible ofiiee.
He was supported by those who considered the war un
necessary, and who were desirous of restoring peace be
tween the United States and Great Britain. Mr. Madison
received 107 votes, and Mr. Clinton 89. Elbridge Gerry,
of Massachusetts, who had been governor of the State, for
1810 and 1811, was chosen Vice President. Some changes
-were made in the Cabinet, at this time ; General Armstrong,
-of New York, was appointed Secretary of War, in the place
'of William Eustis, who resigned; and William Jones of Penn- ,
¦sylvania was placed at the head of the Navy department.
In the month of January, 1813, another disaster fell on a
part of the northwestern army, near lake Erie, at the river
Raisin. A detachment of the Americans had been sent under
Colonel Lewis, to take possession of that site, as important
for the occupation of the United States' troops. After a short
engagement, the place was taken by the men under Colonel
Lewis. This, however, was not an affair of much moment,
for only a few of the enemy were then stationed there.
Without orders from Major General Harrison, the Com
mander-in-Chief in that part of the country. Brigadier Gen
eral Winchester proceeded to support Colonel Lewis, with
two hundred and fifty more men; fearing he would be
attacked and overpowered by the British and Indians, then
in large numbers in that vicinity. After he reached the
place he neglected to take such measures of precaution to
prevent an attack by surprise, as prudence seemed to dic
tate ; and in quite an unprepared state he was assailed by
the British and Indians, amounting to eighteen hundred ; and

1813] MADISON, 20X
a great slaughter ensued. The attack was very sudden, and
wholly unexpected, so that great confusion and delay oc
curred in forming the troops under the United States offi
cers ; and they were soon overpowered by a superior force.
Nearly four hundred men were slain or mortally wounded,
and between seven and eight hundred taken by the enemy.
An act was passed at this session, in January, 1813, for
an augmentation of the regular army of the United States.
It was then estimated at 35,000. Congress now provided
for an increase of 20,000 troops ; and the appointment of
six additional Major Generals. The President was also
authorized to accept of any volunteer corps which might
be raised, with a view to the defence of places invaded,
near which they resided. This -was not materially differ
ent from relying on the militia for protection, in case of in
vasion. In various seaport towns, parties of the citizens
formed, and acted as guards on the coasts. In Massachu
setts, and in some other States, these volunteer companies,
or parties, were furnished with arms and other munitions
of war by the State executive, whenever there was appli
cation for them, and there was reason to suppose an attack,
or landing, by the British might be made.
The public expenses were necessarily much increased
by the means adopted for prosecuting the war ; and the na
tional finance,s were in a state of great embarrassment, at
this period. When the committee of " Ways and Means,"
called on the Secretary of the Treasury, January, 1813, for
his opinion of the probable amount, to be provided by Con
gress for the year following, he stated in reply, " That at
least sixteen millions by way of loans would be necessary,
to be added to twelve millions, the estimated amount of
revenue for the year." Such es-timates are always uncer
tain; and often overrated. And the Secretary of the
Treasury observed, " That it would be necessary to repeal
or modify the non-importation laws, to realize the amount
calculated to arise from imposts." He also proposed a
great increase of duty on foreign tonnage, and the suspen
sion of allowances to importers, under the name of draw
backs. And he gave it as his opinion, that, unless the war
should be brought to a close within the year, it would be
requisite to provide for farther loans for the year 1814, and
to have recourse to internal and direct taxes. By the most
able financiers in the United States, it was asserted, that the
duties on imports would not much exceed five millions ;
and that the expenses would be nearly double to the esti
mates of the Secretary. For in the latter part of 1812, and
26

202 FEDERAL GOVERNMENT. [1813
begmning of 1813, demands on the public treasury were
far greater than had been anticipated ; the principal part
of which was unavoidable, in the state the country had
been placed by the declaration of war ; but a portion of the
expenses had been incurred under unfavorable circum
stances, owing to the improvident and injudicious conduct
of the administration relating to the war, for several months
after it was declared. When the militia were called out,
as they were in Pennsylvania, Ohio, and New York, in
large numbers, they were not sufficiently armed ; and ex
traordinary expenses were incurred to equip them.
There was also a great deficiency of blankets and other ne
cessary clothing for the soldiers, during the fall and winter of
1812-'13 ; as the non-importation laws had been then some
time in operation ; and the manufacture of woollens was
also then comparatively very limited in the United States,
When Mr. Madison took the oath of office, on his re-elec
tion as President of the United States, 4th of March, 1813, lie
spoke of the war, " as stamped so strongly with the features
of Justice, as to invite the smiles of Heaven on the means of
conducting it to a successful termination." And in justi
fication of this strong language, he said, " The war was
not declared by Congress, until it had been long made on
them, in reality, though not in name," and till it was in
dispensably necessary for the welfare, the interests, the
honor, and rights of the nation. It was solely or chiefly
resorted to, he said, in support of the rights of the seamen,-
who were often impressed into the British service, and for
resisting new principles, and injurious practice concerning
neutral commerce, which deeply affected the United States.
There was no such expression of the public opinion on the
subject, as to afford proof, that the majority of the people fully
responded to these sentiments of the President. It might
be reasonable to conclude, from the then recent elections,
that they approved of the measures of the executive. But
there was a strong demonstration, by the people in various
parts of the Union, that they considered the war unnecessary,
if not unjust ; and that they were anxious for its termination,
on such terms as the British government had proposed.
The success of the navy was a cheering consideration to
such as cherished the feelings of national pride ; and there
were repeated instances of the gallantry of naval officers in
the course of six months after the war began. This was
the more gratifying to the citizens of the United States, as
it was unexpected, in the small number of American armed
ships, compared to the naval power of Great Britain; and the

1813] MADISON. 203
victories on the ocean furnished a redeeming consideration
for the patriotic citizens, under the various disasters which
the army suffered ; although a few, who viewed the war as
unjust, could not join in the general exultations even for
any success attending the American arms.
The war served to show the strength of the government
and the patriotism of the people. The preparations and
expenses for placing the country in a proper state of de
fence, in 1798, when war was expected with France, were
borne with due submission by those who did not fully ap
prove of warlike measures. And, in 1812, though a bare
majority of the people justified the war with England, and
probably the majority was desirous of closing it in six
months, after the offers of the British government for further
negotiations, and the great disasters suffered by the army
on the borders of Canada^ — still the administration was
supported, or certainly not opposed by any disorderly or
violent acts. The people, in various parts of the nation,
complained of the measures of the federal government, and
censured its war policy, like independent freemen, zealous
of their rights, and fearless in scrutinizing the conduct of
their rulers ; and many declined to assist in prosecuting
the war, by voluntary loans, or by any acts besides those
which the laws imposed, or by such efforts as were neces
sary for defence when the coasts were actually invaded.
But no plans of insurrection, or forcible opposition, to the
authority of the government, or attempts to sever the
Union, were proposed at this period of pressure and calam
ity. The power of the federal government proved ade
quate to the crisis : but the consideration is not to be for
gotten, that, in the third year of the war, the people became
more dissatisfied and louder in their complaints : and that
no formidable opposition appeared, must be attributed to
the patriotic feelings of the citizens, and to their convic
tions of the necessity of order and of obedience to all con
stitutional authority. With a population of a different
character from that of the great majority of the people in
the United States, and with the freedom they possessed, it
would have been difficult to maintain a war, when so
great a portion of the nation disapproved of it,
The administration did not appear consistent in the
causes assigned, at different periods,, for declaring or con
tinuing the war. The subject of the impressment of Amer
ican seamen, by the British ships of war, was indeed the
great cause of complaint and irritation, and was often de
clared to be the principal reason for the war. And this

204 FEDERAL GOVERNMENT. [1813
was offered as the only reason for oontinuin-g the war, in
the summer of 1812, after the British revoked their o. .i»
in council, and proposed a cessation of hostilities; and j-et,
before the declaration, and before the British orders were
repealed, even in May, 1811, when the Envoy from Great
Britain to the United States gave assurance that the orders
of 1807 would be withdrawn, on authentic and official no
tice of a revocation of the French edicts of a previous date,
and that the blockade declared in May, 1810, would also
thereupon cease ; the American Secretary of State wrote
the Envoy in reply, " That the President had received the
information with great satisfaction, as it had been a material
obstacle to an accommodation ; and that such repeal of the
British orders would be immediately followed by a repeal
of the act for the non-importation of goods from England,
then in force." So material was this obstacle in the way
of adjusting the controversy between Great Britain and the
United States, at that time, that had it been removed six
weeks sooner than it was, and before the declaration of
war, it appears highly probable, that this calamity might
have been avoided. The sole difficulty of impressment
would not have been thought to justify a war, even by the
warmest friends of the administration. For though all the
precise terms proposed by the American, executive on that
subject, were not agreeable to the British administration, it
was disposed to make an arrangement, favorable practically
to the security of bona fide American seamen. And the
American Envoys, in 1808, had formed an article relating
to impressments, in the treaty they signed at that time with
Great Britain, by which, in their opinion, the rights of
American seamen would be substantially secured.
The invasion of Canada was renewed in the spring of
1813 : Twenty five hundred troops, under Major General
Dearborn, embarked at Sacket's harbor, in eight armed
vessels, commanded by Commodore Chauncey ; and cross
ing the lake, attacked Little York in the province of Up
per Canada, on the 27th of April. The American troops
had been some time collecting and preparing for this object ;
and had a better prospect of success than the detachments
which entered Canada the year before. The British force
at York and vicinity was comparatively small, though
aided by several hundred Indians. After some severe
fighting, the town was taken by the Americans, but the
British General, commanding there, escaped with a great
part of the regular troops. More than two hundred British
.and Canadians were killed ; and a large number made

1813] MADISON. 205
prisoners, with two hundred Indians. The loss of the
United States troops was also great ; many being killed or
mortally wounded by the explosion of the British military
magazine in the town. There were valuable and extensive
military stores taken at Little York ; which had been col
lected there, to be forwarded to Niagara river, and to De
troit. These were immediately transported to Sacket's Har
bor ; and in a few days after, another expedition against
Canada was projected, with a large force. On the 27th
of May, General Dearborn, with about seven thousand
troops, landed a,t Newark ; when the small British force
there retreated about thirty miles to join a larger body of
Canadians, at a place called Forty-Mile Creek, after de
stroying a grefat part of the stores. The first of June, a force
was ordered, under command of a Brigadier General, of
two thousand men, to proceed to Forty-Mile Creek where
the British and Canadians were collected : and three days
later, a second Brigadier General, with more American
troops, was ordered to proceed for his support. The Brit
ish retired several miles, on the approach of the American
troops, and then prepared to defend themselves if at
tacked. General Winder, who commanded the first, body of the
United States troops, proceeded within about ten miles of
the enemy; and the other detachment, under Brigadier
General Chandler, followed soon after. Early the follow
ing morning, before daylight, and when quite unprepared *
they were attacked by the enemy, the two Brigadier Gen
erals were taken, besides a number of the men, and many
were killed and wounded. The British troops soon re
tired; for they were not so numerous as the Americans ;
and Generals Lewis and Boyd hastened the following day
to support them, from the distance of thirty miles.
In this expedition nearly one thousand of the United
States troops were killed, wounded, or taken prisoners.
Lewis and Boyd behaved with great spirit and bravery ;
and when a British naval force appeared near the Forty-
Mile Creek, where the former was in command, and sum
moned him to surrender, he refused in the spirit of a brave
officer. Soon after, however, he judged it expedient to re
turn to Fort George— and thence, when American vessels
could be provided, to return to Sacket's Harbor — a portion
of the army remained some time at Fort George, undei
* In one account it was stated, that the commanding officers of the United
States expected the attack.

206 FEDERAL GOVERNMENT. [1813
General Boyd, with a view to be a check on the enemy,
and to prevent a concentration of their forces ; which it
was believed they contemplated previous to an attack on
the United States side of the lake. The naval force of the
United States on lake Ontario was increased at this period,
and able to act with effect in preventing, for sometime, an
invasion of the United States territory. The army under
Governor Harrison, in the west, was able to accomplish
little more than to defend the frontiers from the British and
Indians in that quarter. No attempt was made by him for
invading Canada at this time ; and it would have been
Siighly imprudent in the existing state of the army.
The village of Havre-de-Grace, situated near the mouth
of the Susquehanna river, consisting of nearly one hundred
dwelling houses, was attacked by the British, in boats and
iarges, from ships of war near the coast, and burnt in May,
1813. There was no military force in the vicinity to de
fend it. The towns on the Atlantic coast in most places
were not sufficiently protected : It appeared to be the great
object to have a sufficient force to invade and conquer the
British provinces in Canada.
The United States troops at and near the southwest part
of lake Ontario at Fort Niagara, Lewistown, including
those at Sacket's harbor, at the northeast, and those at
Fort George on the Canadian borders, were about ten
thousand ; about seven thousand of which were on and
near Niagara river. General Boyd, who retained posses
sion of Fort George for some time, had frequent skirmishes
with the British ; and on two occasions the contests were
very serious and extensive, and great numbers of the Amer
ican troops were killed or taken. One of these was at a
place called Beaver-dam, by a detachment under command
of a Colonel ; and the other by a still larger force, under
General Boyd. During all this period, no progress was
made in the conquest of Canada : but defeat and disaster
were the consequences of the invasion ; and yet on several
occasions the officers behaved with great promptitude and
bravery. The British followed up their successes, and in
vaded the territory of the United States. They took pos
session of Fort Niagara, and remained there several
weeks ; and at that time the naval force of the enemy on
the lake was superior to the American squadron. Several
boats belonging to the United States fell into the hands of
the British. The loss was sustained by the United States
troops, including the surrender of General Hull at Detroit, in
August, 1812, and in the battles of Little York, Queenstown,

1813] MADISON. 207
Fort George, Forty-Mile Creek, and Beaver-dam, all be
fore the close of July, 1813, was estimated at 8500, killed,
wounded, or taken. These were all employed in the pro
posed invasion of Canapla. The expenses of these several
armaments were very great ; and increased the public debt
to a vast amount. After war was declared, it was neces
sary to prepare for the protection of the people on the fron
tiers of the United States, and to prevent the enemy in
Canada from penetrating far into the national territories.
But this great sacrifice of life and vast increase of the pub
lic debt, for the purpose of conquering the British provinces
on the northwest of the United States, served to render the
war policy very doubtful, and exposed its authors to severe
and heavy censures.
At the extra session in June, 1813, agreeabljf to a resolu
tion of the House of Representatives, offered by a member
from New Hampshire, (Mr. Webster,) the President was
requested to lay before Congress the correspondence of the
French and American minister, respecting the mariner and
the time of the repeal of the Frencli decrees of Berlin and
Milan. The resolution was opposed for many days, but
was at length adopted ; the correspondence was submitted
to the House, and some time after published. .. It served to
shoWthat the suspicions were well founded, which had
been expressed by many, more than a year before the dec
laration of war, of collusion on the part of the Emperor of
France and his ministers on that memorable occasion : that
either no decree, for revoking the obnoxious edicts, was
passed at the time it was pretended ; or that, if actually
adopted, was not put in operation ; and could therefore be
no warrant for the American government to demand there
upon, a repeal of the orders of the British administration.
Indeed, there was just cause to doubt the existence of ainy
order of the Emperor for such revocation, having been made
at the early date declared by the French minister; and
many believed that no sUch order was made as intimated.
And this view of the subject furnished proof sufficient to
satisfy the most incredulous, that the nation had been se
duced into war, by the duplicity of a foreign despot, or by
an unjustifiable disposition to retain his friendship. War
would not have been declared solely on account of the im
pressment, though that was one of the principal reasons for
resorting to war, and for continuing it after it had been
declared : and had there been satisfactory evidence of the
revocation of the French edicts in 1811, Avhen it was so
intimated, the obnoxious orders of the British government

208 FEDERAL GOVERNMENT. [1813
would have been withdrawn, and the calamities and ex
penses of war with a powerful maritime nation, would
have been prevented.
Soon after the resolution above mentioned -was adopted,
and a message received from the President, with numerous
documents requested by the House, a report was made by
the Committee of Foreign Relations, approbatory of the
grounds of the war taken by the President— but the report
was disapproved by the majority of the House of Repre
sentatives. At this extra seission, July, 1813, several nom
inations of persons to be foreign Envoys, were negatived
by the Senate. That body also rejected the bill for an em
bargo, which had passed the House on recommendation of
the executive. They indirectly advised the President
whom to nominate ; which he justly and feelingly opposed ;
though their right to reject his nominations was undoubted.
The British troops in Canada, in the latter part of the
.summer of 1813, after having made a successful defence of
that province, and obliged the United States forces to retire
from the places previously taken by them, engaged in offen
sive operations, and attacked several towns within the State
¦of New York and Vermont, situated on lake Champlain.
And on this lake, as well as on Ontario, they had prepared
-a naval force fully equal, if not superior to that of the
United States on those waters. Plattsburg and Burlington
were attacked by the enemy the first of August. They
•did not land at Burlington ; but meeting a heavy fire from
the United States troops stationed there,* as well as from
some armed vessels then in the harbor, they retired without
'doing any damage. At Plattsburg, on the west side of lake
Champlain, they made a more formidable assault ; they ef
fected a landing and burnt several public buildings ; but did
not destroy dwelling houses or private property. The at
tack was made by a naval armament, consisting of two
-sloops of war, three rowgallies, two gunboats and forty-
three batteaux, with 1300 men. The attack on Burlington
was considered a bold measure on the part of the British,
so well defended as it was by several armed vessels as well
as by a large body of land troops. The commander of the
vessels in the service of the United States, on the lake at
that time, was not well supplied with experienced officers,
to enable him to act with- so great effect as had been an
ticipated. * There were then at Burlington about 4500 men, under command of Major
¦General Hampton.

1813] MADISON. 209
The success of the land forces of the United States, in
the northwest, under Major General Harrison, at the open
ing of the campaign in 1813, served in some measure, to
retrieve the character of the American generals, which had
suffered by the disasters and defeats of 1812. He conducted
with equal bravery and intelligence, in that part of the
country, during the year 1813 ; and some time before indeed,
after the capture of Detroit and the army under General
Hull in 1812. The defence of Fort Meigs, near the rapids
of the Miami river, in May, 1813, by the United States
troops under General Harrison, was an important event in
the prosecution of the war. The fort was attacked by the
British, consisting of 500 regulars, 800 of the Canadian
militia, and 1200 Indians ; far exceeding the troops under
command of General Harrison ; but he refused to surrender
when summoned thereto by the British commander. The
enemy were repulsed with great slaughter when they made
an attempt to storm the fortress. The loss in the United
States army was comparatively small ; but several officers
of merit were slain.
In the course of the same year, in September, 1813, the
land forces under General Harrison achieved another im
portant victory over the British troops, at Maiden, on the
Canada side ; where they had collected in large numbers,
with intensions, probably, again to invade the territory of
the United States. On the approach of General Harrison
and the United States troops, the enemj'' retired, after dis
mantling their fort, and destroying most of the articles
which they could not remove. General Harrison pursued
them, and came up with them at the river Thames. A
battle ensued, "one of the most hpnorable and decisive
which was fought during the war;" and victory was again
declared for the arms of the United States. The British
commander, indeed, escaped, but his army was entirely
defeated; and a great part of their military stores fell into
the hands of General Harrison. Governor Shelby, of Ken
tucky, and Captain Perry, acted as volunteers in this expe
dition ; and in the character of aids to General Harrison.
This enterprise took place soon after the success of Captain
Perry over the British armed vessels in lake Erie. It had
long been the opinion and advice of General Harrison, that
a naval force on the lake was necessary to give success to
the arms of the United States in that quarter. The Secre
tary of War, General Armstrong, in a public document,
soon after, declared that this conduct of General Harrison
27

210 FEDERAL GOVERNMENT. [1813
was not only highly indicative of bravery and good judg
ment, but was attended with important results to thecountry.
On lake Erie, the naval enterprise was attended with
brilliant success. Due time was taken to prepare a suffi
cient force to attack the British squadron there ; and the
commodore* of the United States fleet was well qualified
by his courage and skill to conduct the enterprise. Early
in September, after repeated attempts to meet the enemy's
fleet, it was discovered at a distance, and a chase and battle
immediately followed. It continued several hours, and was
very severe, and attended with great loss of lives on both
sides. But victory was the fortunate lot of the Americans—
and the conquest of the British was complete. Their whole
fleet, composed of two ships, one brig, two schooners, and
a sloop, and having sixty-two guns in all, was captured,
after being much injured during the engagement; one of
their ships mounted twenty guns, and another eighteen.—
The United States fleet consisted of two ships, of twenty
guns each; and six other vessels, but much smaller ;f carry
ing altogether fifty-four guns. Twenty-seven belonging to
the United States vessels, including three officers, were
killed in the action ; and ninety-six wounded. The number
of the enemy killed and wounded was believed to be still
greater. The success attending this enterprise was princi
pally owing to the judicious and resolute conduct of the
commander, though he was ably supported in his plans by
most of the other officers. He was also justly entitled to
the credit of preparing and equipping the American fleet,
under many discouraging and untoward occurrences. The
government was unable or neglected to furnish him with
materials and men for building the vessels he desired, and
considered necessary, to act with effect on the lake. But
his diligence and perseverance overcome all obstacles.
The result of this very brilliant affair, as well as of several
other naval successes on the ocean, in the course of 1813, was
a conviction with the administration, however reluctantly ex
pressed, of the necessity of a respectable navy to vindicate
the honor, as well as in some measure to protect the coasts
and territory of the United States. In all cases, "^effectual
protection, however, could not be afforded ; the American
navy being scarcely a fourth part, either in force or number,
of the British ; which had been continually increased dur-
* Oliver H. Perry, of Newport — a young man, but of great bravery, decis
ion, and energy of character.
t Two of these had but two guns — three of them but a single swivel — one
of three guns, and one of four.

1813] MADISON. 211
ing two centuries. The second year of the war, after pro
posals for a cessation of hostilities and for further negotia
tions on the subjects in dispute, between the two nations,
were rejected by the American administration, a large
number of ships of war visited the coasts of the United
States, and created much alarm in many places, and greatly
interrupted the usual pursuits of navigation and trade.- —
They were too formidable to be met by the American ships,
which were often employed with more effect in distant and
separate parts of the ocean. In the Chesapeake bay, and
near the eastern coasts of Massachusetts, they were of great
force, and landed at several places ; some of Avhich they
retained for a long period, as there was not a sufficient
naval force of the United States to encounter them.
The fleets on the lakes and the troops on the northwestern
and western frontiers, continued their operations till late in
the season, with varied success. The American vessels on
lake Champlain and lake Ontario were vigilant, and ready
always to act where duty and occasion called ; and served
to prevent the British inflicting injuries in the territory of
the United States. Several small armed vessels belonging
to the British, fell into the hands of the Americans : who
also made prisoners of about three hundred of the enemy's
troops which were on board.
The main body of the land troops on the northwest
frontiers, left Plattsburg in the month of October, and en
tered the territory of Canada in the vicinity of Montreal,
under command of General Wade Hampton. But did not
advance so far or so rapidly as had been expected. The
enemy were prepared to meet them ; and attacked them
so powerfully that they returned within the line of the
United States, and most of them to Plattsburg; having lost
a number of men in Canada. The army of the west under
General Harrison, after a long period of apparent inaction,
either from want of warlike , stores, or of sufficient naval
force to unite in any offensive operations, was able to pass
over lake Erie to the Canada shore, as related ; where they
attacked and took Maiden, defeated the British in that
vicinity, and took many prisoners,, and then recrossing the
lake, landed at Detroit, which soon surrendered, after having
been in possession of the British more than a year. In
these Tencounters, the enemy had large numbers of Indians "
in their ranks, who proved a great assistance to them.—
Some of the tribes attached themselves to the United States
troops, but they were less numerous. But wherever they

212 FEDERAL GOVERNMENT. [1813
were found, they were charged with great cruelty towards
their captives. A part of the American army, under General
Boyd, remained in possession of Fort George on the Cana
dian side of the Niagara river, and near the head of lake
Ontario, for some months. Generals Harrison and Wilkin
son also proceeded to this part of the country ; and a plan
was probably formed to march into Canada, with this large
united force. But it was not carried into execution. The
return of General Hampton probably prevented.
Thus ended the various and expensive expedition for con
quering Canada, in 1813 ; and httle more progress was made
than in the year 1812. The invasion of the Province, for
conquest, was unsuccessful, though the British were defeated
at Maiden. The expenses of these several armies were
very great ; and the loss of human lives was also great,
though mostly by sickness. On lake Erie, the naval force
of the United States, under commodore Perry, it has been
seen, was completely victorious : and on lakes Ontario and
Champlain, the British were kept in check, by the small
American fleets ; so as to be prevented from doing much
injury to the people of the United States, as they attempted,
in retaliation for the invasion of their territory.
The ships of the United States, on the ocean, were success
ful in most of the naval actions which occurred in 1813;
and the patriotic pride, kindled by these achievements, led
many to support the war, who were before opposed to it;
and prevented that calamitous measure from fatally in
juring the popularity of the administration. The people,
however, in various parts of the country, expressed an
opinion that the war was unnecessary ; that negotiation
would probably better settle the dispute and secure the just
claims of the United States ; and became, therefore, more
desirous of peace. The general voice was opposed to an
invasion of Canada; for it was not believed, that the con
quest and annexation of that extensive territory would add
to the stability or welfare of the United States. It was
perceived also, that the British government had abandoned
one of its obnoxious measures ; and that the other cause of
the war would not probably be removed, though it should
be continued many years. For it was well understood, that
Great Britain would never consent to relinquish the right of
taking her own subjects in time of war from neutral mer
chant vessels : and the contest had also now become very
popular in England.
The policy of the federal government, at this period, and

1812] M.\DlsoN. 213
the views entertained* as to the propriety of the war, can
not be so justly ahd fully stated, as by referring to the pub
lic message of the President of the United States to the
national legislature, at the opening of the session in De
cember, 1813.
On the subject of national disputes with France, he spoke
in a very short, but not very satisfactory manner. " The
views of the French government on the subjects, which
have been so long committed to negotiation, have received
no elucidation since the close of the last session of Congress.
The minister of the United States, at Paris, had noi been
enabled, by any proper opportunity, to press the objects of
his mission, as he was instructed." He said he had hoped
to lay before Congress some effectual progress in negotiations
for peace with Great Britain ; inasmuch as the American
government, in a liberal and magnanimous spirit, and with
a desire for peace, had assented to a proposition for the
mediation of the Emperor of Russia, offered by that Prince
for an adjustment of the disputes between the two nations ;
but in this expectation he had been disappointed.
" But the British Cabinet," says the President, " mis
taking our desire of peace for a dread of British power, or
misled by other fallacious calculations, has disappointed
this reasonable anticipation. No information has been re
ceived from our Envoys on the subject ; but it is known
that mediation has been declined, at first ; and there is no
evidence since offered^ that a change of disposition in the
British Councils has taken place, or is to be expected. —
" Under such circumstances, a nation, proudof its rights and
conscious of its strength, has no choice but an exertion of
theonefor the support of the other." "To this determination,
the best encouragement is derived from the success, with
which it has pleased the Almighty to bless our arms, both
on the land-f and on the water."
* The paper, most iu favor of the government, which was then considered
semi-official, the week before Congress assembled, stated what it deemed of
vital importance to the favor and interests of the country—which was as fol
lows — " retaliation on British prisoners for alleged severe treatment of Amer
icans by the British — an extension of the term of enlistments for twenty regi
ments of regular troops — restraining all traitorous intercourse with the enemy —
the expulsion of the various tribes of Indians, on the northern and southern
frontiers from their habitations, and obligmg them to tako refuge in the distant
wilderness — the seizure of East Florida— provision for increasing the navy — .
and the right of naturalization."^' Several of these, the President was moder
ate or prudent enough not to recommend. But they were probably in the
•views and plans of some of the political friends of the administration.
t This was considered a strange declaration, when the land forces had been

214 FEDERAL GOVERNMENT. [1813
The message referred to the employment of the Indians
by the British, and the cruelties which had been perpetrated
by them, on several occasions; and it was observed, "that
it became necessary to send a military force against the
Indian tribes, both in the West and South. A force had
been called into the service of the United States from
Georgia and Tennessee, to check and keep in awe the
savages on the southwestern borders. General Andrew
Jackson was appointed to command in that part of the
country, and was successful in opposing the inroads and
depredations of the Indians."
The subject of impressment was introduced in the mes
sage, and the injustice of the British, in their practice re
lating to those claimed as their natural-born citizens, was
again brought to view, in strong terms. It was stated,
that in Canada, great abuses, under their own doctrine,
were committed ; for all born in the British provinces, and
who had early settled in and become citizens of the United
States, were considered as traitors, if found in the American
army, and yet they employed in their ranks, natives of the
United States, who had become inhabitants of the British
territory. In presenting the state of the public treasury, the message
states, " that the receipts exceeded thirty-seven and a half
millions dollars ; twenty-four millions of which were the
product of loans ; and that, after meeting the demands on
the treasury, there were nearly seven millions remaining.
Further sums, to a considerable amount, will be necessary to
be obtained by loans, during the ensuing year ; but from
the increased capital of the country, and from other causes,
it may be justly expected, that the necessary pecuniary
supplies will not be wanting."
The general tone and spirit of the message was calculated
to awaken or to maintain a disposition for war among the
people ; and therefore, the reverses which had occurred
were passed over as comparatively trifling, and the few
successes achieved as far greater, or more beneficial to the
nation, than facts would justify. The people were told
that they were a brave and powerful nation, and their re
sources infinite ; so that the war might be long prosecuted
almost mvariably unsuccessful ; when defeat had followed the invasion of
Canada ; when there had been a great loss of lives, and two seasons passed
in attempts to conquer the British provinces, attended with utter failure, ex
cept in the dispersion of the British troops and Indians, at Maiden, by the
American troops, under General Harrison. "That expedition," the Presi-
-dent said, " was signally honorable to Major General Harrison, by whom it
was planned and prepared."

1814] MADISON. 215
without greatly impoverishing the country ; and that the
reasons for continuing it were cogent and numerous. And
yet it will be seen, that before another year had elapsed,
peace was earnestly sought for by the federal administra
tion, even with yielding some points at first declared to
render a war jUst and necessary.*
The first act of importance, and of a general character,
passed at this session of Congress, was an embargo act, to
continue till the first of January, 1815 ; " unless a cessation
of hostilities between Great Britain and the United States
should previously take place." The provisions of this act
were very restrictive and severe. It forbid boats, having pro
visions or any military stores on board, passing from one port
or harbor to another, at small distances ; and was construed
as extending to small craft employed in fishing by the day,
and within a few miles of the land. The reason given for
such severity and strictness of prohibition, was that the
small vessels and boats sometimes conveyed provisions to
the British ships of war hovering on the coasts. The act
operated very grievously on the fisherhien and coasters,
who were generally an indigent and harmless class of peo-
ple.f An embargo act of a similar character was recom
mended by the President, in July, 1813, to be in force till the
* In December, 1813, and soon after the United States troops withdrew
from Canada, and lookup their winter quarters at Plattsburgh, and other places
near the northwestern borders, a large British force crossed the Niagara river,
captured Fort Niagara, burnt Lewistown, Buffalo, and some other small vil
lages, and entrenched'themselves on 'Niagara heights. The detachment con
sisted of about 1 500 British regulars, militia, and Indians ; and almost the whole
of the American troops m the fort were killed or taken. General Wilkinson
was at this time at Plattsburgh, with about five thousand troops.
t The legislature of Massachusetts passed resolves — " That the embargo
act contained provisions not warranted by the Constitution of the United States,
and violating the rights of the people of this Comnionwealth — that they have
always enjoyed the right of navigation from port to port within the State, and of
fishing on its coasts^ — that they have a right to be secu re from all unreasonable
searches and sei2nires of their persons, houses, &c. — that the law rendering the
property of an individual liable to the discretion of every one, without warrant
from a magistrate, is unjust and tyrannical — ^that the people have a right to be
protected in the enjoyment of life, liberty, and property, according to standing
laws ; and that all attempts to prohibit them in the enjoyrhent of life, liberty,
and property, by persons under executive directions, and power only, and
armed with military force, are destructive of their freedom, and altogether re
pugnant to the Constitution."
An eminent political character, who took neutral ground in the war ; or was
disposed to support it after it was declared by Congress, expressed the follow
ing opinion of the embargo and non-intercourse laws , " I believe the restrictive
system overleaps the bounds of Constitutional power^ — that it is impossible to
execute it— that the attempt to do so, corrupts the people, by destroying the
correct habits of our merchants, and rendering perjury familiar — that it would

216 FEDERAL GOVERNMENT. [1814
then next session of Congress. That bill received the assent
of the majority of the House of Representatives ; but it was
lost in the Senate; the vote in that body bemg eighteen
against the bill, and but sixteen in favor of it. The act of
the present session gave great power to the President; and
allowed him to employ numerous agents, who did not fail
to exercise their power in many instances by needless se
verity, or unjust partiality. It was repealed, however, on
the 14th of April, following; but the non-importation act,
as to British goods and merchandise, was continued.
Acts of Congress were passed, in January, 1814, for
making additions to the regular army; for' raising several
regiments of riflemen ; for extending the term of enlistments
from one year to five years, or during the continuance of
the war, and for giving higher bounties than had before
been offered ; viz. one hundred and twenty-four dollars to
every individual, one hundred of which to be paid on his
enlisting and being mustered. The President was also em
powered to receive volunteer corps into the public service ;
provided they would engage to serve for five years, or
during the war ; and they were to receive the same bounty
provided for those of the regular army. An additional act
to provide for calling forth the militia was passed, at the
same session, in which the militia, so detached or drafted,
when called into the service of the United States, were
made subject to courts martial, on a charge of misconduct,
in the manner required by the articles of war, in cases of
courts martial for the trial of delinquents in the regular
army. This law caused much alarm and complaint in
some parts of the country ; especially in Pennsylvania,
where are found great numbers of the society of Friends.
In some places, members of that sect were pressed into mil
itary service, and treated with great severity. But the in
stances were very few.
Notwithstanding the boast of success in prosecuting the
war, by the friends of the administration, and the public dec
larations of the President, that it must be continued so long
as the causes which led to it were not removed, additional
Envoys were appointed early in 1814 to join those previously
commissioned, and new instructions given them, permitting
be ineffectual to coerce foreign nations, if executed — that it is unjust and op
pressive to the commercial part of the community, as it destroys invaluable
interests which the federal government is bound to protect — that it sacrifices
our principal source of revenue, and reduces us to depend on meagre supply
from internal taxation, or to accumulate an enormous public debt by loans—
that it aims a fatal blow at our progress in wealth and general improvement."

1814] MADISON. 217
them to make peace, without insisting on all the terms be
fore advanced, as indispensable. Messrs. Adams, Bayard,
and Gallatin* had been appointed in April, 1813 ; in Jan
uary, 1814, Messrs. Clay and Russell were added to the
embassy. The negotiators, both British and American, met
at Ghent, in August, 181'! ; and concluded a treaty between
England and the United States, in December following;
and the ratification took place in February, 1815, to the
great joy of the people of both nations. No new principle
was recognized or admitted, and no new regulation made
on the important subject of impressment of seamen, which
was the principal, and at one time the only, reason given for
the war ; but the treaty was silent on that question. Be
sides the restoration of peace, it was little more than a
treaty of limits and boundaries. A commercial treaty be
tween the two countries was to be adjusted at a future day.
The American Envoys were instructed to make peiice on
the most favorable conditions to be attained ; but to make
peace ; and there can be no reason to doubt, that they were
urged to do this, from the consideration of the increasing
unpopularity of the war in the United States ; and of the
loss of political power in Europe by the French Emperor.
If he had not been loved, he had been feared ; and if it was
not intended to aid him in his ambitious projects, it was evi
dently proposed so far to favor hiin, as to secure his influ
ence in Opposing Great Britain.
During the year 1814, however, the war was prosecuted
with great exertions and zeal. The means for supporting it
were augmented by the federal government in every pos
sible way ; and the British, particularly on the ocean, acted
with more efficiency than in the early period of hostilities.
Their ships of war hovered upon the coasts of the United
States, in almost every part; and often entered harbors,
and landed large bodies of men, who destroyed much prop
erty, and alarmed and distressed the inhabitants. They
took possession of Eastport, and of Castine ; and there were
no troops "of the United States prepared to prevent the cap
ture, or to dispossess them afterwards ; and the militia could
do little without a suitable naval force. '
The regular troops of the United States were again col
lected on the northwest frontiers, early in 1814. Some of

* These appointments were made by the President, when the Senate was
not in session. And afterwards , when the nominations were laid before the
Senate, there were objections and much delay in the appointment of Mr. Gal-
latm.
28

218 FEDERAL GOVERNMENT. [1814
them were assembled at Sacket's Harbor ; some at a place
about ten miles east of Lewistown ; and some within a sim
ilar distance of Buffalo ; while Plattsburg Avas considered
the head-quarters. As soon as the lakes were navigable,
the British appeared in considerable force on Ontario, and
the naval armament of the United States there was not
sufficiently powerful to meet them. There was great alarm
at Sacket's Harbor, and other places in the vicinity, from
the expectation of an attack from the enemy, who were in
large force at Kingston, on the Canada shore. The place
was much exposed ; but for some reason, no part of the
army, under Wilkinson, was sent there for its defence. His
aim appeared to be another attempt to invade Canada,
farther north. He soon after met the British on his march,
and was obliged to return to Plattsburg, with the loss of
some cannon and about eighty men. At Plattsburg and
at Sacket's Harbor, there were heavy complaints heard
against the American generals, for want of judgment and
energy, in this military enterprise.
At a later period in the season, after the northern army
was strengthened by new enlistments — for though there had
been new proposals for peace, great preparations were
deemed necessary on the opening of the year, 1814 — Can
ada was again invaded ; and a detachment from the United
States troops, consisting of about two thousand, under Gen
eral Jacob Brown, crossed the Niagara river, in July, and
attacked the British at Chippewa, with great bravery and
success. The enemy, with a larger force than General
Brown commanded,* offered battle ; and it was not de
clined. The action was very severe, and the loss great on
both sides ; but the British suffered most on this occasion.
Their killed and wounded numbered 400 ; while those of
the Americans were a little more than 200. Generals Rip
ley and Scott were the next in command to General Brown;
and received high praise from him, in his official account of
the action, for their bravery and activity.
It was the expectation of General Brown that the United
States fleet, then at Sacket's Harbor, would have co-oper
ated, and would assist his continuance and |)rogress in
Canada; but it was not in a condition to command the
lake, and could not therefore afford the support and aid
desired. General Brown, however, remained in Canada,

* The numbers were variously stated. But it appears that the British troops
were about 3000, including Indians ; and the .United States forces, under
General Brown, about 2000. Chippewa is ten miles from Queenstown.

1814] MADISON 219
in the vicinity of Chippawa, for some time, in the hope of
receiving assistance from the naval armament on the lake.
On the 25th of July, another battle took place between
the British and American troops, near the Falls of Niaga
ra—the British force exceeded three thousand, including
a reinforcement after the battle had began, under the com
mand of Lieutenant General Drummond : and the United
States troops, not so numerous, under General Brown.
The slaughter in this second battle was very great ; and
the contest was maintained several hours with obstinate
bravery on both sides. Ripley and Scott were distin^
guished on this, as on the former occasion, by their brave
and useful, services. Generals Brown and Scott, were
wounded; and General Riall, the second in command in
the British army, was taken, with twenty other officers.
The United States troops fell back to Fort Erie ; where,
after a few days, they were attacked by the British, but
they were compelled to retreat.
In the month of July, the commanders of the British
ships of war which had then been in the Chesapeake for
several weeks, landed men at various places in Maryland
and Virginia, Avho destroyed both public and private build
ings, and carried away cattle and provisions, to a large
amount. They entered the Potomac, and ascended as high
as Westmoreland, where they burnt the Court house, and
about the same time, the Court house in Calvert County,
Maryland.* And the government paper expressed great
astonishment that the militia did not turn out and prevent
these depredations ! The militia were called out in the
vicinity of the places invaded, and near the coast where
the enemy appeared, and a few regular troops were
added, making a force of about five thousand. The Brit
ish landed six thousand ; and after attacking some smaller
towns, marched to Washington, meeting with little opposi
tion, and burnt the Capitol of the United States, the Pres
ident's ,house,t several public offices, and destroyed much
other valuable property. The Maryland militia, and vol
unteers from Baltimore, soon collected and attacked them
as they retired, and compelled them to embark on board
their ships. Several British vessels of war, however, re-
* Part were landed by entering the river Patuxeht, smd a part at Port To
bacco, on the Potomac. Some accounts made their whole number nine or
ten thousand.
t The President, his secretaries, and family, had barely notice to retire m
safety.

,n

220 FEDERAL GOVERNMENT. [1814
mained in the waters of the Chesapeake, and kept up an
alarm among the inhabitants, for some time after the at
tack on Washington. But the militia of Maryland pre
vented their penetrating again into the country.
Other States on the Atlantic seaboard were invaded, or
threatened with invasion, during the summer and fall of
1814. Massachusetts and Connecticut were particularly
exposed. The ships of the enemy had the command of
Long Island sound, and were often hovering on the coast
of Connecticut, which for a great length lies on that inland
sea. Massachusetts has a seacoast of five hundred miles,
Maine being then a part of the State ; and the greater part
of it was visited or threatened by the enemy's ships. For
defence of the people and property near the coasts, the
militia were engaged a great part of the season, amounting
in the whole to a very large number * — and at an expense
of nearly a million of dollars.
The navy of the United States was not inactive during
the year 1814 ; but could not boast of such brilliant suc
cess as in the two first years of the war. The British
ships were in every sea, and of great force ; and it would
have been madness designedly to encounter them. When
opportunity presented, and not under great disadvantages,
from inferiority of size, and guns, they played their part
with their wonted bravery. Only one disaster of magni
tude befel the American navy. The frigate Essex, which
was one of the second rate of ships of that class, was taken
by a British ship of war, of much larger force, after a brave
and obstinate engagement, on the coast of Brazil. The
Essex was attacked by two British ships, one much larger
than that vessel ; and the other a large sloop of war.
After a severe engagement, between two sloops of war
of equal force, in the course of the summer, the American
ship was victorious over the British ; which was captured
and brought into the port of Charleston. On lake Cham
plain also, the small United States fieet under Commodore
McDonough, after being long in apparent inactivity, but
in truth, unprepared for offensive operations, gained a com
plete victory over the British force on that lake, in Sep
tember ; and captured all their vessels but three boats.
The attack was made by the British commander on the
American fleet, near Plattsburg ; and a large land army
from Canada, had advanced within the territory of the
* The whole number called mto service, for longer or shorter periods, was
nearly eighty thousand.

1814] MADISON. 221
United States, and to the vicinity of that place. The
British naval armament was superior to that of the United
States on the lake ; the battle was continued about two
hours ; and the victory was gained at a great price. Many
brave men fell on the occasion. The land forces of the
British soon after left their advanced post, and returned to-
Canada. The national legislature, which had been adjourned to-
the last of October, was convened on the 19th of Septem
ber, by a special call of the President. The great changes
in Europe, and the aspect of affairs in the United States,
rendered an early meeting of Congress very important.
In a free country, the representatives of the people should
be often consulted ; and no measures of deep public in
terest , adopted without an understanding of the Executive
with the other • branches of the government. Too much
had been already done in secret ; and it was necessary
that Congress should have more information, as to the for
eign relations of the United States. At an early day in
the session, the President laid before Congress the instruc
tions which had been given the American Envoys, ap
pointed to negotiate a peace, and the correspondence which
had taken place on the subject. And by these, it appeared,
that new terms were proposed ; and authority given the
Envoys to make peace, without insisting on all the claims
and principles before advanced. The spirit and tone of
the public message of the President to Congress, at this
time, were very different from his former communications.
There was, indeed, a complaint that the claims of the
British government were the cause of the war, and that
the conduct of British commanders was cruel and barbar
ous. But a desire for peace was strongly expressed, and
a disposition fully manifested to represent the views of the
British Cabinet less hostile than had been formerly stated.
" The repeal of the orders in council ; and the general
pacification in Europe, which withdrew the occasion on
which impressments on American vessels were practiced,
lead to an expectation that peace and amity may be estab
lished." And with a view, no doubt, tp justify the con
tinuance of the war, after the repeal of the British orders,
and a proposal for cessation pf hostilities in the summer
of 1812, the refusal of England to accept the mediation of
Russia was mentioned as evidence of a wish for war on
the part of that government, and as furnishing gopd cause
for prosecuting it by the United States.
Though some parts of the message were disapproved by

222 FEDERAL GOVERNMENT. [1814
the friends of peace in Congress who had been opposed to
the declaration of war, the instructions of the President to
the Envoys then in Europe to negotiate with the British,
requiring only such conditions as were considered reason
able, and giving up some points before demanded, met with
very general acceptance ; and an opinion was expressed
by several members in the opposition, that if peace could
not be obtained on the terms then offered, the war should
be readily supported by all parties. It was evident, how
ever, from the diplomatic correspondence communicated to
Congress, that the misfortunes and disasters, which had
fallen on the French Emperor, had an infiuence in giving
a more pacific tone to the new instructions of the Presi
dent. This disposition of the American administration, as the
war had been commenced with extravagant claims on its
part, gave strong hopes of peace. But as such an event
was uncertain, as to how soon it might occur, it was proper
to keep up the army ; and various acts of Congress were
passed to increase the regular troops, and to accept the ser
vice of State troops for local defence. The public debt,
having increased to a vast amount in the course of three
years, it was found necessary, even with a great probabihty
of a speedy restoration of peace, to increase the taxes in
various ways. A new direct tax of six millions was laid;
the rate of postage on letters, by the public mail, was in
creased fifty per cent. Duties on sales at auction were in
creased one hundred per cent. Fifty per cent, added to the
duties on licenses to retail wine and spirituous liquors. The
-duties on distilled spirits, on pleasure carriages, oif house
hold furniture, and on watches, were increased ; and new
duties laid on goods and wares manufactured in the United
States. These propositions were opposed with great earnestness
and power by several members of Congress ; especially the
bill for six millions of direct taxes. The war was denounced
as unjust, as well as unnecessary, and as being exceedingly
oppressive to the people, whose course of profitable business f
had been so greatly interrupted. Complaints on this subject
were every where heard among the people, and the majority
became desirous of peace on any terms. During the ses
sion, a bill was presented for establishing a new Bank of
the United States, as it was believed it would assist the
government in its financial concerns, as well as the trading
part of the community. The plan was approved by the
Secretary of the Treasury, (Mr. Dallas,) and passed in the

1814] MADISON. 223
House of Representatives and in the Senate ; but the Pres
ident disapproved of it, and it did not become a law. Some
doubted the constitutional power of Congress to pass such
an act ; though a National Bank had been adopted with the
approbation of Washington, when he was President : and
others supposed that it Conferred special privileges on a few,
and those solely of the mercantile class of citizens. The
law, providing for calling out the militia to defend their re
spective States, was very acceptable, and was more agreeable
to the State authorities, who could thus employ them near
their homes, and merely for defence. In the Atlantic States,
where the British vessels often landed their men, such a
plan was useful and necessary ; and it Avas also in harmony
with the principles of the whole militia system. It was in
substance such as was proposed and prayed for by the
Hartford Convention, in December, 1814, composed of Del
egates from most of the New England States. One of the
measures they recommended was, that Congress should
permit for the Governor of each State to employ the militia
for its own defence, thus rendering unnecessary a large
regular army, unless foreign conquest was intended; and
a reimbursement be made by Congress, after the war was
over, to each State, according to its expenses so incurred.
And this was the principal measure adopted or recommended
by that Convention ; except remonstrating against both the
necessity and propriety of the war.
The portion of the .United States army in the south, under-
command of Major General Andrew Jackson, with a large
body of the rnilitia, made a successful stand against the
British, who made an attack on New Orleans, in January,
1815. The British forces were estimated at 20,000. The
American troops, under General Jackson, were far less nu
merous ; and a full moiety of them were militia. He ar
ranged the troops and laid his plans with great judgment,
and met the enemy, soon after they landed, in a situation
of great disadvantage to the British, and highly favorable to
the Americans. The United States forces were completely
victorious over the British ; and the latter lost a large portion
of their troops, in killed, wounded, and taken. The battle of
Ne-w Orleans was pne of the most brilliant affairs, where the
land forces were concerned, -which occurred during the war.
A- bill was before Congress several weeks in November
and December, of this session, for authorizing the President,
on a refusal of the Governor of any State to call out the
militia when requested, to order subordinate militia officers
immediately to march their men as might be directed by

224 FEDERAL GOVERNMENT. [1814
the officers of the regular aymy. It was approved by the
majority in the House of Representatives ; but was lost in
the Senate, after long and earnest debate, by a single vote.
The objection to the bill was, that it was in violation of the
rights of the militia, and wholly unauthorized by the Con
stitution. One section of the bill also provided for drafting
the militia, when they did uot voluntarily enlist. The most
powerful argument against it, was its direct interference
with the privileges of fhe citizens enrolled in the mihtia,
who were considered as under the authority of a State, and
recognized to be so, even by the federal Constitution. The
opinion of some eminent statesmen on this subject are given
in a note below.* The subject invol-ved directly the great
*Gdv. Strong of Massachusetts — "We have lately heard it observed, that
the State legislatures have no right to express their opinions concerning the
measures of the federal government. But this doctrine is opposed to the first
principles of liberty ; and cannot be approved by any one who has well coii-
sidered the organization pf our government, or the arguments used in favor of
the federal constitution, when that system was adopted. The government of
the United States is founded on the State governments, and must be supported
by them. In, the arrangements of the different powers, the State governments
are, to many purposes, interposed between the government of the United States
and the people. If the latter think they are oppressed, they will complain to
their immediate Representatives ; and the remonstrance of a State legislature
will not often be slighted by a wise and just administration. The powers of
the federal government are limited by the Constitution, which points put the
extent of those powers, and tlie manner in which they are to be exercised. —
But the Constitution will be of little value, unless it is strictly observed. If,
at any time the national administration should disregard its authority, either by
violating its express provisions, or by the assumption of power not delegated
to it, its commands would be unjust, aad it would be chargeable with a danger
ous abuse of confidence. The State legislatures are the guardians, not only
of individuals, but of the sovereignty of their respective States : and while
they are bound to support the general government in the exercise of its consti
tutional powers, it is their duty to protect the rights of the States and of their
constituents. The security thus afforded to the people would be lost, if the
State legislatures were implicitly devoted to the views of the federal govern
ment, or were deprived of their rights to inquire into its measures."
The views of a distinguished Senator of the United States from Massachu
setts, (Mr. Gore,) were given in a debate in February, 1815, relating to the
power of the federal government over the militia. — "A question has sometimes
been suggested, whether the government of a State has a right to judge, if the
requisition for the militia be within the provisions of the Constitution. A little
reflection on the nature of the government of the United States and of a State,
and of the relation in which the supreme executive of the latter stands to the
United States, and to the citizens of his particular State, will show that he is
obliged to examine, whether the case for which the requisition is made, be
within the provisions of the Constitution; and if the purposes for which it is
declared are clearly not within the powers delegated by that instrument, to
withhold compliance. The federal government can exercise no powers, not
granted by the Constitution; but so far as it can support such as it claims, on
this charter, it is sovereign, aud has no other control than its own discretion. —
The government of each State is equally sovereign, with respect to every power

1814] MADISON. 225
question of the extent of power in the federal government
over the separate States, and in cases where the Constitution
did not cleariy grant it. The authority therein given to
Congress, was for cert;ain specific objects and purposes. —
And it was insisted that the power could not be extended
except by usurpation.
of an independent State, which it has not delegated to- the general government,
or which is not prohibited to the separate States by the Constitution, whether
the militia — the peculiar force of a State, and that which is to protect and de
fend it — is called forth by the federal government according to the provisions
which the States mad«, iu delegating power to this government; must be a
question between two sovereign and independent governments ; and on which
there is no tribunal authorized to judge between them. And if the governors,
who are the Commanders-in-Chief of the militia of their respective States,
should surrender this force to the general government, ia a case not authorized
in the Constitution, they would betray the trust confided to them by the
people. They must, therefore, examine the case when called upon, and decide
according as their duty, prescribed by the Constitution of the United States
and that of their own State, shall demand."
Another eminent Senator from Massachusetts, (Mr. Lloyd,) expressed a
similar opinion on this subject. " The admission of the doctrine, to the full
extent, that thefederal executive isto be the only judge of the emergencies, in
which the militia is to be brought into the service of the United States at the
time, and in the manner, which it may think expedient; that the militia can,
by a junction of a large number to a few regular troops, be; in fact, officered
by the President; and that the executives of the several States, contrary to
their own belief in the existence of such emergency, should be obliged to
submit to such authority, or such a tribunal, erected iu the breast of a single
person, and to yield implicit obedience to such an opinioii, must place them at
the mercy or disposition of any future tenant of power; strip the individual
States of their physical as well as fiscal 'power; and scarcely leave them the
remnant of that sovereignty ajtd self-dependence, which some of them at least
supposed they had retained."
When the bill, called the militia conscription bill, vvas before Congress, in
December, 1814, a Representative from Massachusetts, (Mr. Ward,) said —
" I cannot suppress my astonishment, when I hear gentlemen quote the pre
amble of the Constitution, as an authority to exercise power not given in that
instrument, and proposed to give the executive by this bill. It appears to me
to make directly against them. Under a Constitution formed for the express
purpose of securing the blessings of civil liberty, they claim the right of
exercising a power inconsistent with the first principles of civil liberty, and
repugnant to the genius and nature of our government. If Congress Have such
a power, we are not freemen. The preamble states the objects which the
people had in view, iu giving the powers which they granted, and not as a
designation of powers which were to be given. But there is no express pro
vision in the Constitution, that Congress shall have power to provide for the
common defence and promote the general welfare." And to say, that Congress
have all the powers which they may deem necessary and choose to exercise, 1d
accomplish these objects, and that they are not restrained by the powers ex
pressly given, is, in effect, to say tha,t there is no limit to their powers. But
if powers were given iu the general terms before mentioned — which however
is not admitted — and afterwards particular powers were expressed, the general
powers must be controlled and restrained by the special.
Though the federal government cannot claim any power by implication; yet
29

226 FEDERAL GOVERNMENT. [1814
It is evident that the framers of the federal compact in- ,,
tended carefully to guard the rights and liberties of the
people ; to maintain the natural and essential distinction
between the militia and regular troops, and to give authority
to the national rulers over the militia only for purposes of
defence in cases of sudden invasion. And the people, and
this cannot be said of the State governments. It is fair to mfer what they
meant to reserve in one case, by what they refused to give in another. That
the people and the States did not intend to give Congress power, to compel
the citizens by force, or their children, to enter the regular army, destined for
,. foreign conquest, under United States officers, is clearly to be mferred ¦ from
' ' then- refusmg to place the militia under United States officers, when forced into
the service in the case of invasion.
When the Consthution was formed and adopted, a jealousy of the militaiy
power, and a caution as to what they should part with, were predominant
feelings m the people of all the States. A consolidated military government
was the object of fearful apprehension. The State governments had been
tried; and a more general confidence was placed in them than in that of the
United States. The blessings of civil liberty were thought more secure, with
out givmg to the federal government an unlimited power of the sword. And
had the people of Massachusetts been told, that Congress would have power
to raise regular armies, by the new Constitution, against the opinion of their
State legislature, for foreign conquest, or any other purpose, and their sons or
themselves thrust into the ranks under command of United States officers, and
be subject to martial law, and the discipline and severity of a camp, they would
have given it no consideration, but rejected it at once. They would have said,
as the people of Virginia did, on a less warrantable occasion, " we will secede
from the Union, and be under the protection and government of a hundred
thousand free and independent citizens."
The following paragraph is from a report, made by another distinguished
statesman of Massachusetts, (Mr. Otis,) on this difficult subject. — "The au
thority of the national government over the militia, is derived from the clauses
in the Constitution, which give power to Congress to provide for calling forth the
militia to execute the laws of the Union, suppress insurrection, and repel inva
sions." Also "to provide for organizing, arming, and disciplining the militia,
and for governing such parts of them as may be employed in the service of
the United States, reserving to the States respectively, the appointment of the
officers, and the authority of training the militia according to the diseipline pre
scribed by Congress." Again, "the President shall be Commander-in-Chief
of the army and navy of the United States, and of the militia of the several
States, when called into the actual service of the United States." In these
specified cases only has the nation power over the militia. And it follows
conclusively, that, for all general and ordinary purposes, this power belongs to
the States respectively; and to them alone. It is perceived not only with
astonishment, but regret, that, under color of an authority conferred with such
plain and precise limitations, a power is arrogated by the federal executive,
and in some cases sanctioned by Congress, of a control over the militia,
which if conceded, will render nugatory the rightful authority of the individual
States over that cjass of men; and, by placing at the disposal of the national
government, the lives and services of the great body of the people, enable
it at pleasure to destroy their liberties and erect a military despotism on its
ruins. It will not be denied, that by the terms used in the federal compact,
the power of the general government to call out the militia, is expressly limited
to three cases. One of these must exist as a condition precedent to the exercise

1814] MADISON. 227
their State representatives for them, have a right to insist,
that the power be exercised only in the exigencies specified.
Had not an attempt been made to call out and to command
the militia, in circumstances, other than those plainly within
the meaning of the Constitution, no dispute probably would
have arisen on the subject; and the citizens would have
been promptly called out by the Governors of the several
States, on the requisition of the federal executive, to defend
the country against an invading foe.
There is a disposition in all governments to accumulate
power, and not infrequently to assume that which is not
granted. And the great consideration, which shows the
importance of contending for the just rights of,fhe separate
States, and therefore, for the rights of people thereof, is the
unfavorable effect which would follow the abandonment
of them. The power granted to the federal government is
not to be opposed nor resumed ; and ho friend of the Union
of the States can wish to lessen it. It was granted for
great national and general purposes, by the people, or their
immediate representatives. But it is highly important to
remember, that it is a delegated power ; and that what is
not expressly or clearly vested in the federal government
by the Constitution, remains with the States, or the people
of the States respectively.
A consolidation of all political power in the federal gov
ernment, as has been sometimes urged, and perhaps as
sumed, or a great increase of it, so as to leave little au
thority to the individual States, would serve to lessen the
of that power. Unless the laws shall be opposed, or an insurrection exist, or au
invasion made, neither the President nor Congress has any power whatever
over the mihtia. And, if the declaration of the President be admitted as an un
erring test of the existence of these cases, this important power would de
pend, not on the truth of the fact, but on executive infallibility: and the limi
tation of the power would be nothing more than merely nominal, as it might
always be eluded. It follows, therefore, that the decision of the President, in
this particular, cannot be conclusive. It is as much the duty of the State gov
ernments to watch over the rights reserved, as of the United States to exercise
the powers which are delegated."
In 1793, when Georgia was exposed to an attack from the Indians, the gov
ernor applied to the President of the United States for aid — who authorized
him to call out the militia for the defence of the State. He was cautioned
against all ofiferisive measures ; and informed, that in case of invasion, or
immment danger of it, to call out the militia, who in such case would be re
munerated by the general government. He was also told, that he was to
judge of the degree of danger and of its duration — and that the men were to
be called out in conformity to the militia laws. The Governor of South
Carolina was at that time requested by the President, if Georgia were invaded
and needed aid, to grant it, by marching the militia of his State, as he himself
might judge necessary, and the case require assistance."

228 FEDERAL GOVERNMENT. [1814
liberties of the people in the end, and gradually tend to an
encroachment on their civil and social rights. The ex
ecutive of the Union, which was early supposed not suffi
ciently powerful, has sometimes manifested a disposition
to extend its authority. Its discretion has been claimed to
be the only limit of its powers. And the citizens, -who are
seeking for the smiles and favor of the Chief Magistrate,
have been ready and forward, to support such a dan
gerous doctrine. The certain, though gradual effect of the
concentration of all the political power of the nation in the
federal government, would be the multiplication of its agents
and officers, and the comparative Increase and superiority
of their infiuence. Not being immediately dependent on
their fellow-citizens, over whom they have authority, they
will not be desirous to secure their good opinion, nor to
consult for their best interests. They will often be stran
gers, and in all cases will lose that identity with the people,
which it is essential to cherish in a republican government,
founded by the people themselves, and for their good.
It is in the distant provinces of a great empire or nation, and
under the authority of subordinate officers, that oppression,
in its worst forms, is found to exist. And a very extensive
republic will not long preserve the liberties of the people,
unless divided into small districts or States ; in which the
citizens reserve and possess a large portion of power for
self-government. The government may, indeed, be power
ful; but the people will enjoy less freedom. So it was in
the Roman provinces ; and so it was in the English colo
nies of North America before the Revolution of 1775. There
was far more security and liberty for the subject in Great
Britain, before that event, than in some of the colonies.
For the preservation of the rights and the liberties of the
people in the United States, it is important that the as
sumption of power by the general government be vigilantly
watched and guarded against ; and the authority of the
individual States, not clearly granted, be strenuously main
tained. Except in certain enumerated instances and re
spects, the separate States are sovereign and independent
governments ; representative, elective, republican. As long
as they so remain, the people have the best security for
personal freedom, and for the enjoyment of their social
rights. But whenever the States lose their individuality,
or are known only by territorial limits, and all power is
assumed and exercised by the general government, whether
given or not by the Constitution of the United States, then

1814] ' MADISON. 229
it may be safely predicted, that their liberties will not long
remain. Obsta principiis, is a sound maxim in political affairs.
When princes and rulers usurp power not granted them
by their constituents, and the people acquiesce in the exer
cise of it, they are unfaithful to their posterity, and may be
justly chargeable with indifference to their own freedom.
The assumption of undelegated power is to be resisted at
once by remonstrances, and a manly assertion of the people's
rights. A single act of tyranny or despotism, if not disap
proved, will be urged as a precedent for other and more
dangerous acts of usurpation.
The militia, as citizens, have sacred and inviolable rights.
And no executive officer of a State, or of the nation, has
authority over them, to make soldiers of them against their
will, except where the Constitution, which is the rule the
people have themselves made, as well for their public
agents as for themselves, allows and provides. The federal
Constitution has provided for calling out the militia in cer
tain cases, and under certain circumstances ; but even in
these cases, there are some restrictions or qualifications of
the power; in other, and the usual conditions of the country,
the authority to govern, direct, and call forth the militia,
remain with the respective States ; which may be justly
said to possess more of a directly parental character to
wards the people, than the national government.
A treaty of peace between the United States and Great
Britain, was concluded December 24th, 1814 ; and the in
telligence was received at Washington early in the month
of February following. It was the occasion of sincere and
universal rejoicing. So expensive had the war proved,
and so little prospect was thereof securing any thing of
real benefit, or of obtaining the admission of claims insisted
on, when and before it was declared, that the administra
tion received the report of peace with great satisfaction ;,
and the same considerations made it extremely welcome to
the people. To the adniinistration it was an inexpressible
relief; for difficulties and embarrassments had been long
gathering and thickening -around it. And the people at
large, having no feeling as to the consistency or honor of the
war policy, were happy to learn the restoration of peace,
the revival of commercial enterprise, and the prospect of a
diminution of taxes in future. On the subject of impress
ments, the treaty was silent ; and commercial regulations
between England and America were referred to negotia
tions proposed to be resumed at an early day.

230 FEDERAL GOVERNMENT. [I814
The principal articles of the treaty were for restoring all
territory and possessions taken by either party from the
other during the war, except some small islands, of little
value or importance, in or near the bay of Passamaquoddy
— for the release of all prisoners of war, taken on either side,
by land or sea — for ascertaining what islands had pre
viously belonged to either contracting party, according to
the understanding of the treaty of 1783 — for running and
establishing the boundary line on the east or northeast,
and the north and northwest parts of Massachusetts, (now
Maine,) which divides the United States from the British
provinces of New Brunswick and Canada — for preventing
further hostilities with the Indian tribes, and restoring to
them the possessions and territories which they before held
— for using the best endeavors of both nations to put an
entire end to the slave trade, " so irreconcilable with the
principles of humanity and justice."
The public debt, which had been gradually reduced from
an early period after the organization of the federal govern
ment, was necessarily much increased during the war of
1812 — 1815. A short time before the intelligence of peace
arrived. Congress had ordered a direct tax of six millions,
to be assessed annually, while the war continued ; but in
March, 1816, the act was so far modified, as to require a
tax of only half the amount, for that year. The amount
received into the national treasury, from the sale of public
lands, was very great in 1816 ; and so continued for several
years.; and the duties on imported goods, after the return
of peace, amounted to a large sum. The pubhc expenses
for 1815, were estimated at $.39,580,000 and the receipts into
the treasury, to neariy $51,000,000 ; of which $35,260,000
were derived from loans and treasury notes. In 1816,
the expenditures were $48,250,000, and the receipts were
$57,170,000. The increase of the public debt, arising from
the expenses of the war, amounted to $62,000,000, during
the two first years ; and for the last year, almost an equal
sum. When the war began, the national debt was nearly
extinguished ; but when peace was made, in 1815, it had
increased to upwards of one hundred and twenty mUliohs.
The military peace establishment was fixed at ten thousand
men ; which was a larger number than many members of
S?o ^n^^j deemed necessary. And an appropriation of
^00,000 dollars was made, for procuring materials for in
creasing the navy of the United States.
The monetary concerns and the trade of the country
were m a depressed state, at the close of the war • and it

1815] MADISON. 231
required some time to reach the height of prosperity and
commercial enterprise, at which it had arrived in 1807, the
year before the embargo and restrictive pohcy began. But
the active and elastic spirit, so characteristic of the people
of the United States, soon awoke, and pushed them
forward in the career of commercial adventure. Attention
had been given also to manufactures, during the war : and
it was found that these might be profitably estabhshed and
supported in the United States. The first efforts of this
kind were not altogether prosperous ; and in some instances,
the undertakings failed of giving the profits expected. But
after repeated trials, and with more experience, the manu
facturing establishments generally succeeded, and added
greatly to the business and wealth of the nation.
As had been proposed by the British and American com
missioners, who signed the treaty of peace at Ghent, De
cember, 1814, a Convention was held in London early in
1815, to form a commercial treaty between the two govern
ments. The American commissioners were Messrs. Adams,
Gallatin, and Clay ; and a treaty was prepared by them
and three commissioners on the part of Great Britain, in
July, which was soon after ratified by both the contracting
parties, to continue for four years. This convention was
strictly and almost exclusively of a commercial character ;
the subject of impressments and of blockades not being no
ticed by it. And it purported to place the commercial in
tercourse between the two countries on a perfect reci
procity.* As to discriminating duties on vessels and impor
tations, such as had been long in force, there was an entire
and mutual abrogation. In times of peace, this stipulation
and agreement would operate favorably to the United
States, and was therefore entirely satisfactory; except as
to trade with the British colonies, which was so left by the
commissioners, as to give occasion for disputes afterwards.
Questions relating to maritime law was not settled, nor
scarcely discussed. The trade of the United States to,
and with the British possessions in the East Indies, was
stipulated to be on the footing it was placed by the treaty
of 1794. And there was an article prohibiting, to the Brit
ish, trade with the Indian tribes within the territory of the
* In the opiiiion of most men, well acquainted with the suhject of commerce
and navigation, the terms of this Convention were not more favorable to the
maritime rights and interests of the United States, than those of the treaty
made in 1794, by Mr. Jay ; or that signed by the American Envoys (Monroe
and Pinckney) m 1807, which was rejected by President JeffersoD, without
submitting to the Senate.

232 FEDERAL GOVERNMENT. [1815
United States ; and to the citizens of the latter, the trade
with those tribes in the British territories in America.
After the treaty of peace was signed, but before it was
ratified, or extensively known, and early in 1815, the
public ships of the United States had encounters with Brit
ish ships of war, and were generally victorious. The frigate
Constitution, under command of Captain Stewart, had an
engagement with two British armed vessels, one of thirty-
four guns, and one of twenty-two, and captured both of
them at the same time. But the frigate President was
taken about this time ; having fallen in with several large
British men-of-war, in company, from which she was un
able to escape.
The commercial enterprise of the United States pursued
to ports in the Mediterranean, was still occasionally inter
rupted, and subject to depredations by Algerine cruisers.
The Dey of Algiers had, indeed, renewed a predatory war
fare against the United States ; and it became necessary to
afford protection to American vessels. On the recom
mendation of the President, in March, 1815, Congress passed
an act for equipping and employing such force as the Pres
ident should judge requisite, " For protecting the commerce
and seamen of the United States, on the Atlantic, and in
the Mediterranean." Algerine cruisers taken, were to be
deemed lawful prizes ; and merchant vessels were also au
thorized to be armed in self-defence. A treaty had been
made before with that power ; and it had felt the severity
of American bravery ; but like the savage tribes of Indians,
it paid little regard to treaties, when there was a prospect
of gain by attacking the vessels of other nations. The en
ergetic measures of Congress led the Dey, soon after, to
make a treaty with the United States. The appearance of
a formidable American fleet on his coast convinced him that
his interests required peace; and he relinquished all pre
tensions to tribute for the future. Captain Bainbridge and
Captain Decatur distinguished themselves on this occasion.
An act was passed in March, 1815, by which the federal
government gave authority to State courts to sustain and
decide on complaints and suits for taxes, duties, &c., im
posed by Congress, similar to the power of the federal dis
trict courts for these purposes. The national legislature could
not justly claim authority to require this duty of any State
Court ; and it only authorized such Courts to perform this
service for the public convenience, as there might be some
delay in the District Federal Courts from the numerous
cases which arose. And the State Courts in these cases

1815] MADISON. 233
were no farther under control of the federal government,
than to decide according to the laws of the United States
relating to this subject. A law of Congress, of a similar
character, and foiinded on the same principle, authorizes a
Justice of the Peace, or Justice of a State County Court, to
issue a warrant and to decide in cases of sailors deserting a
vessel after engaging to go to sea, and to proceed to im
prison, or to order the delivery of such seamen, on neglect
of his duty. And allows also of an examination of seamen,
charged with a mutiny, or an attempt to excite a revolt ; and
of binding over or committing them for trial before the Dis
trict or Circuit Federal Courts. This process is found to
be for the furtherance of justice, especially in a federal
judicial district of extensive territory ; and there is no as
sumption of power by Congress in this procedure.
At the first session of the fourteenth Congress, which be
gan December, 1815, an act was passed for paying off the
national debt, which at that period Avas one hundred and
twenty millions of dollars, by annual instalments of ten mil
lions. The bill for this purpose was proposed by an emi
nent financier of South Carolina, (Mr. Lowndes,) who was
some time the chairman of the Committee of Ways and
Means, in the House of Representatives. But the public
expenses being much less, as peace was restored, there was
a reduction of most of the taxes and duties, from the
amount required during the three years of war. The ad
ditional duty of postage, required in 1814, was abolished,
as was that on domestic manufactures, on gold, silver, and
articles of jewelry ; and on spirits distilled within the
United States, the former duties were abolished or reduced.
The direct tax was ordered to be three millions of dollars,
in lieu of six millions, required by a former law of Con
gress. The additional duties which had been previously
imposed on bank notes, and refined sugars, on salt, and on
all goods, wares, and merchandise, imported from foreign
countries, were also continued in force. The pay of Custom
house officers was raised fifty per cent, and the members
of Congress were granted a salary of fifteen hundred dollars
a year, in lieu of the allowance per diem, as formerly estab
lished ; but this law was repealed at the next session.
In April, 1816, a bank was incorporated by Congress, with
thirty-five millions capital, to continue for twenty years.
Many of the political friends of the administration were op
posed to the law, as they deemed it not within the consti
tutional power of Congress. The President had objected
to a United States Bank, a short time before, from the same
30

234 FEDERAL GOVERNMENT. [1815
consideration ; but his objections were now removed ; or he
was satisfied of its utility to the government, and to the
commercial part of the nation ; and he might have consid
ered the estabhshment of such an institution in 1791, a
sufficient precedent. The act of incorporation provided,
that the federal government should be a proprietor in the
Bank, to the amount of seven millions of dollars ; that a
bomis of one and a half millions be allowed the United
States for the charter, to be paid in two, three, and four
years ; and that no other Banking company should be au
thorized by Congress. It was also provided by the act of
incorporation, that the board of directors should consist of
twenty-five members ; five of whom were to be appointed
by the President and Senate ; that the books and records
of the Directors should be subject to examination by a com
mittee of Congress, or of the President ; and, if found to
have violated the charter, to order scire facias to require
the Directors to show cause why it should not be declared
forfeited. The Bank proved to be a great accommodation
to the government, deeply in debt as it then was ; as well
as a facility to the trading part of the community, in their
monetary transactions.
Several laws were passed by Congress at the fourteenth
session, in favor of the settlers on lands of the United
States, of which there had been no specific sales. There
were then great numbers who had sat down on the public
lands, without purchase or legal authority. The law was
intended to quiet the actual settlers on such vacant lands,
on payment of a moderate sum, and causing a registry
thereof in the proper offices provided for that purpose.
Owing to the interference by the arbitrary decrees and
orders of the two great belligerent nations of Europe, with
the commerce of the United States, to a long embargo, and
to non-importation and non-intercourse laws of the federal
government, and to the war from 1812 to 1815, declared by
Congress, the growing prosperity of the country was greatly
impeded. The exports were far less, and the trade conse
quently less ; and much property taken and confiscated by
the belligerent powers whose vessels covered the ocean. In
the years 1808 — 1812, the exports, domestic and foreign,
were two hundred and forty-one millions of dollars. In
1813 — 1814, in time of the war, they amounted to little
more than thirty-four miUions. Of the first amount of ex
ports, eighty-two millions and a half were articles of foreign
growth or produce, and the rest domestic ; of the latter, for
1813 and 1814, the foreign articles exported amounted to

1815] MADISON. 236
three millions ; and the domestic, to thirty-one millions eight
hundred thousand. The greater part of the exports of do
mestic growth consisted of grain and rice, and was shipped
to Spain and Portugal. Nearly twenty millions value in
flour, wheat, and rice, were carried to those countries from
the United States in 1813, though war then existed between
America and Great Britain.
The message of the President to Congress, at the opening
of the session in December, 1815, gave a full expose of the
state of the nation, as to its relations with foreign govern
ments, to the public debt and finances, to domestic manu
factures, to the navy and other means of defence, and to a
national currency. It was generally approved as an able
state paper, and politically correct in its views, with the
exception taken to it by those who considered the war un
justifiable, in that it spoke of that measure " as necessary. to
the honor and interest of the United States, and to the as
serting of our national rights and independence."
The President referred to the termination of the war,
which the Dey of Algiers had carried on against the United
States, in which the interests of navigation had greatly
suffered — to the Convention on the subject of commerce,
then recently concluded with Great Britain — to the state of
the Indian tribes, and the importance of maintaining peace
with them, and of rendering them strict justice in all our
transactions. He also recommended due encouragement
for domestic manufactures; and the regulation of the cur
rency of the United States by legal and specific acts of
Congress. It was suggested that a national bank might be
useful for this purpose ;* or that State banks might be used
for the same object ; and that for an immediate support of
the public credit, the issue of treasury notes might be ne
cessary. The President also expressed himself in favor of
a military academy ; and of a national seminary of learn
ing to be located in the District of Columbia., On the sub
ject of domestic manufactures, he observed, that in adjugt-
' ing the duties on imports to the object of revenue, the in
fluence of the tariff on manufactures would present itself for
consideration. " However wise the theory may be, which
leaves to the sagacity and, interest of individuals the appli
cation of their industry and resources, there are in this, as
in other cases, exceptions to the general rule. Besides, the
condition, which the theory implies, of a reciprocal adoption
by other nations, experience teaches, that so many circum-
* During the session a national bank was established, as mentioned before.

236 FEDERAL GOVERNMENT. [1815
Stances may occur in introducing and maturing manufac
turing establishments, especially of the more complicated
kinds, that a country may remain long without them, al
though sufficiently advanced, and in other respects even
peculiarly fitted for carrying them on with success. Under
circumstances, giving a powerful impulse to manufacturing
industry, it has made among us a progress, and exhibited
an efficiency, which justify the belief, that with a protec
tion not more than is due to the enterprising citizens whose
interests are now at stake, it will become, at an early day,
not only safe against occasional competition from abroad,
but a source of domestic wealth, and even of external com
merce. In selecting the branches more especially entitled
to the public patronage, a preference is obviously claimed
by such as will relieve the United States from a depen
dence on foreign supplies, ever subject to casual failures,
for articles necessary for public defence, or connected with
the primary wants of individuals."
The suggestion of fosterhig domestic manufactures by
the federal government, for the prosperity of the country,
was evidently dictated by patriotic views, as well as a cor
rect estimate of national resources, and the means of fu
ture national wealth. A similar opinion was given, at an
early period of the federal government, by the Secretary of
the Treasury, (Hamilton,) in a very elaborate and able re
port, made according to the directions of Congress. He
proposed, that, in fixing the duties on goods and arti
cles imported into the United States, for the purpose of
revenue, a regard should be had, as far as judicious and
proper, in the state of the country, to the extension of home
manufactures of various kinds, as being favorable to inter
nal improvements, to real independence, and to general
prosperity. In the time of the war of 1812 — 1815, ex
periments were made, in most cases from necessity, for the
manufacture of woollen and cotton cloths ; and that of
hats, shoes, and boots, was much extended, in various
parts of the country. The former being new, and not well
understood, was pursued with little profit ; and good policy
dictated that the patronage of the general government
should be given to all proper attempts in this branch of in
dustry. In revising the tariff of imposts, in 1816, reference
was had to this great national concern, and twenty-five
per cent, ad valorem was then fixed as a duty on cotton
and woollen goods imported from foreign nations ; which
was higher than the duty on most other imported articles.
And yet the policy of protecting these goods, so as to pre-

1816] >LADISON. 237
vent an increase of foreign manufacture, seems not intend
ed by government to be permanent : for afier three years
the duty was to be lessened. The manufacture of cotton
and woollen cloths was pursued chiefly in the north
eastern States, and a reluctance was manhested, by mem
bers of Consress from the south, for imjxising the protect
ing duties, as the benefit would be less to them than to the
people in the northern and eastern parts of the Union. But
the benefit of the extensive cotton manufactures in the
United States has been very great, by lessenins the price
of cotton cloths, and by aflbrding a greater market for the
growers of cotton in the southern section of the Union.
The great demand and consumption of the article in the
manufacturing districts of the United Stales, serve also to
keep up its price in Europe.
In the opinion of some eminent politicians, the message
of the President to the national legislature, already referred
to, expressed views more favorable to the prosperity of the
country, than his policy had before been ; and several of
his pohtical friends declared themselves in favor of meas
ures, similar to those adopted in the early period of the
federal government. A member from South Carolina, and
an ardent supporter of the administration, (^Ir. Calhotm.)
on the subject of reducing the national taxes, said, " this
was a question of momentous consideration. On the de
cision of this question depends the question, whether a lib
eral and enUghitned pohcy shotdd characterize the meas
ures of the government. We ought, therefore, to proceed
-with caution. If gentlemen were of opituon that our navy
ought not to be gradually improved: that preparation
ought not to be made during peace, for preventing or meet
ing war : that internaJ improcemenis shotdd not be prose
cuted : if such were their sentiments, they were right in a
desire to abolish taxes : but if they thought otherwise, it
was preposterous to say that we should not lay taxes on
the people. We ought not to give in to the contracted
idea, that taxes were so much money taken from the peo
ple : properly apphed, the money proceeding from taxes,
-was money put out to the best possible interest for ihe peo
ple. He wished to see the nation free from external danger
and internal difficultv. With such -views, he coidd not see
the expediency of abolishing the system of finance, estab
lished with so much care and difficulty. The broad question
now before the House was. whether the government should
act on an enlarged policy : whether it would avail iisehof the
experience of the last war ; whether it would derive tcisdom

238 FEDERAL GOVERNMENT. [1816
from the mass of knowledge already acquired from past
events, or whether we should go on in the old imbecile
mode ; contributing, by our measures, nothing to the honor,
or reputation, or prosperity of the country. Such would
not be his course. He thought it due to the national coun
cils — to the security of the country — that we should be
well prepared against aiisaults from abroad. If danger
comes, we shall then be ready to meet it. If it never
comes, we shall derive consolation from a knowledge of
our security. He wished gentlemen might have an op
portunity to express their opinions on this subject, and to
decide whether we were to travel downward, or to raise
the nation to that elevation to which we ought to aspire."
These views were not directly impugned, but some mem
bers did not give to them their sanction, because they were
desirous of relieving their constituents from the burden of
taxes, of which they had several years loudly complained.
And a few were not liberal enough to appropriate the public
money, except in cases of absolute necessity. Afterwards,
.and at different periods, it became a question of great
interest, how far appropriations could justly be n^ade by
the federal government for internal improvements, as well
as how far the doctrine of fostering domestic manufactures,
which almost necessarily operated unequally in different
sections of the Union, could be extended, under the author
ity of the Constitution.
The conviction appeared general of the benefits to be de
rived to the nation from an increase of the manufacture of
cotton and woollen goods, but there was a great diversity
of opinion, at that time and at subsequent periods, in ad
justing the details of a law for the purpose of giving the
direct encouragement of government to them. A high duty
¦on imported goods would necessarily increase their price
to the purchasers in the United States ; who, it was said,
would be thus taxed for the benefit of the manufacturers.
And the latter insisted on a high tariff for imported goods
as requisite, to enable them to compete with foreign
manufacturers ; especially while the business in the United
States was in its infancy, and needed the aid of govern
ment, till it had greater maturity and more ability.
In preparing an Act to give effect to the Convention for
regulating commerce with England, then recently formed
,and ratified, the Representatives and the Senate differed ma
terially in their views. It was long a subject of interesting
debate. The House of Representatives was compelled at
last to yield to the views and opinions of the Senate on the

1816] MADISON. 239
subject ; and adopted the bill introduced into that branch,
and withdrew that which they first passed. The House un
dertook to amend or alter the terms of the Convention ; or,
at least, to give a construction to it, which was obviously
not intended by the commissioners who signed it, and
which would not have been admitted by the British gov
ernment. The treaty provided for the same duties on ton
nage and articles carried from the ports of the United States
to those of Great Britain ; and vice versa. The bill intro
duced into the House, and there adopted by the majority,
made a distinction in cases of coming from ports in Eng
land, or from ports in the British islands and provinces ;
and insisted, that this was requisite to render the terms of
the treaty equal in their operation on the commerce of the
two countries, and for establishing a real reciprocity of
privileges or benefits. A large minority in the Bouse ob
jected to this as incorrect ; as it was assuming a power, in
that branch of the government, to judge of the advantages
of a treaty, which was the exclusive - prerogative of the
President and Senate. The advocates for the bill in the
House, pretended that it was only giving a construction to
the terms of the Convention. But this was not a valid
argument ; for it was the sole province of the Judiciary to
interpret a treaty after its ratification by the proper consti
tutional authority. A similar question arose in 1795, in
the passage of a law of Congress for making the necessary
appropriations to carry into effect the treaty made with
England, in 1794. The Act which was , adopted March
1st, 1816, relating to the Convention with Great Britain,
of July, 1815, declared "null and void any law of Con
gress which imposed a higher duty of tonnage or of im
post, on vessels, and articles imported in vessels of Great
Britain, than on vessels, and articles imported in vessels
of the United States, contrary to the provisions of the Con
vention between the United States and his Britannic
Majesty ; the> ratifications of which were mutually ex
changed in December, 1815."
In 1816, a dispute again arose -with Spain, respecting the
right to West Florida. The Spanish minister was in
structed to remonstrate against the occupancy and claims of
that territory by the government of the United States. The
latter claimed it as a part of Louisiana; and five years
before had taken possession of some parts of it, but with
drew its troops on the united remonstrance of Spain and
France. The American government never gave up itfe
claim, and had again occupied a portion of the territory by

240 FEDERAL GOVERNMENT. [1816
an armed force. This occupancy the Spanish minister
now insisted should be no longer held, until negotiations
could be had, and the question fairly settied, as to the jus
tice of the claim. The Envoy of his Catholic Majesty, at
the same time, urged upon the government of the United
States, the propriety and justice of preventing the military
expeditions fitting out within its jurisdiction, and on the
Mississippi, against Mexico ; whichwas then in a, state of re
volt or rebellion, — as the Envoy characterized it, — against
the king of Spain. And he also demanded, that no inter
course should be allowed between the United States and
the revolted province.
In repi ying to this statement and demand of the Spanish
minister, the American Secretary of State referred to sev
eral instances of alleged injury, on the part of Spain, to the
United States, and to a delay of indemnification for .former
depredations on American commerce, which had been pro
mised to be made. He did not directly impugn the claim
of the Spanish monarch to Florida ; but undertook to show
that as it was now separated from his Mexican territory, it
was of little advantage to that nation; and that an ex
change of it might be made with the United States, for a
tract on the west of the Mississippi, belonging to the latter,
since the purchase of Louisiana, and, bordering on Texas,
then considered a part of Mexico. The Secretary did
however, state that a part of West Florida was supposed
to be within the territory ceded to the United States, by
the general name of Louisiana ; such being the extent of
the country in 1763, when it was relinquished by France :
and that negotiations might proceed, as well while it was
possessed by the United States, as by Spain. He denied
that any armed force was forming within the United States
against Mexico, with the knowledge of the government;
and said that if any should appear it would be discoun
tenanced and prevented. That vessels might be admitted
into the ports of the United States, for purposes of trade,
coming from places in Mexico, pretended by the Spanish
Envoy to be in a state of revolt from the authority of the
parent government in Europe, he did not deny ; and added,
that it was not the policy of the federal government to in
terfere in the disputes between the parent country and their
American provinces ; nor to exclude the flag of any neutral
nation, engaged in commercial enterprise.
This correspondence led to no immediate important re
sult. The Spanish minister still complained of the conduct
of the American government ; and his chief object appeared

1816] MADISON. 241
to be a delay, or evasion of the real subjects in controversy.
It also appeared that he had not full powers to decide the
questions which had long been in dispute between the two
governments. The subject was discussed again, and more
fully, some two years afterwards — when Mr.' Monroe was
President; and the negotiation was ably conducted by Mr,
Adams, Secretary of State. Soon after, Spain ceded the
provinces of East and West Florida to the United States :
And the federal government became obliged and respon
sible to its own citizens, who had claims on the Spanish
king for various commercial depredations ; to the amount
of five millions of dollars ; which might be considered, in
some sense, as the purchase money for the territory.
, The negotiations with Spain in 1816 and in 1818, had
reference also to the western bounds of Louisiana. The
American adniinistration first claimed as far as the Red
river ; but the Spanish Envoy was instructed not to con
sent that Louisiana should extend farther west than the
river Sabine. And it was accordingly so finally settled.
It was also agreed, at the same time, that the United States
should extend from a pioint in latitude 42° north, to the Co
lumbia river, and to the Pacific ocean, so far as Spain was
concerned. It was intended by Spain to limit the western
part of the United States by the Rocky, mountains ; but
the federal administration urged the extension to the Pa
cific ; and it was so stipulated.
The financial and monetary concerns of the United
States received the particular attention of- Congress at this
session. Besides the establishment of a national bank,
which was a very important measure, in relation to the
finances and the currency of the nation, — the bank, now
incorporated, being far more secure and perfect than the
bill of 1815 had proposed, — an act was passed for regulating
and fixing the value of foreign coin, especially those of
Great Britain, France, Spain, and Portugal, which were
chiefly then circulating in the United States. These coins
were also made a tender, at certain rates, as specified in
the law. Propositions were also made in Congress, at this
time, for regulating State banks, in some respects ; and a
prohibition to receivers of public federal duties and taxes,
to take the bills of banks which did not redeem them in
specie. Indeed, the question arose, whether the cur
rency of the country, including the bills of State banks,
was not subject to the regulation and control of Congress,
according to the intent of the Constitution. The literal
and obvious meaning of that national compact, it was
31

242 FEDERAL GOVERNMENT. [1816
contended, gave the whole direction of the currency, and
bills of credit, to the federal government. But State banks
were then numerous ; some had been in operation twenty
years ; their convenience had been fully proved ; and to
put them all down, or to restrain them materially, would
probably cause great embarrassment and suffering. Yet it
was generally admitted that Congress had a right so far
to interfere, as to decide whether the national taxes should
be received in the bills of State banks, or in any other me
dium than specie, or its own notes, issued by its orders
from the national treasury. The establishment of a na
tional bank, with branches in all the large and populous
States of the Union, was found to answer the purposes of
a general circulating medium, and the State banks were
left without any regulation by Congress, except so far as
to forbid public officers receiving the bills of such banks as
did not pay specie. On this subject a resolve of Congress
was adopted, directing " the Secretary of the Treasury to
receive for debts and- taxes, due the federal government,
only gold and silver, treasury notes, bills of the bank of
the United States, and of banks which paid their notes on
demand, and in specie." The Secretary gave public no
tice of this resolution, and he also urged on all banking
companies to redeem their small notes by specie, as an ac
commodation to individuals, as well as for their own credit.
The Secretary was also directed not to make deposites of
the public funds in State banks, which did not redeem their
notes in specie, after February, 1817.* There was a strong
disposition manifested by Congress, at this period, for in
creasing the amount of specie, as a circulating medium;
and yet not to require it as the only one. It was perceived
that it would not be practicable, nor for the public con
venience, indeed, to exclude paper from circulation, and to
insist on all payments in gold and silver.
The leading policy and views of Congress, as well as of
the President, were developed in his address to the federal
legislature, in December, 1816 ; the last he presented, con
taining his opinion of public national me^isures, as he retired
from office at the close of the session. The political views
of the President were generally, though not always, ap-

*The banks in Massachusetts, and in most of the New England States, paid
their bills in specie at that time ; but those in the Middle and Southern States
did not. In August, 1816, a Committee of Banks, in the Middle States, met
in Philadelphia, and recommended that specie payments be postponed till
July, 1817.

1816] MADISON. 243
proved and sanctioned by the majority of Congress. The
policy he recommended, after the war, was in some respects
different from that he had previously urged. Domestic
manufactures were referred to, as meriting the patronage
and aid of government;, and' the regulation of the tariff on
imported articles, so as to have a favorable effect in securing
that object. The necessity of public credit -^as prom
inently noticed ; and a recommendation to provide for the
payment of debts due the government, either in specie, or
in notes of Banks which promptly redeemed their paper in
gold and silver. " There is only wanted to the fiscal pros
perity of the government, (he said,) the restoration of an
uniform medium of exchange. The local accumulations of
the revenue have enabled the treasury to meet the public
engagements in the local currency of most of the States. —
But, for the interests of the whole community, as well as
for the purposes of the treasury, it is essential that the na
tion should possess a currency of equal value, credit and
use, wherever it may circulate. The Constitution, has en
trusted Congress, exclusively, with the power of creating and
regulating a currency of thai description ; and tlie measures
which were taken at the last session, in execution of this
power, give every promise of success. The Bank of the
United States has been organized under the most favorable
auspices, a7id cannot fail to be an important auxiliary to
those measures."*
The President referred, in this message, to the dejiressed
state of the navigation of the Unit'ed States ; arising from
some of the stipulations and articles in the commercial con
vention, then recently formed between the American and
British governments, and particularly to the trade with the
colonial ports of Great Britain. The convention expressly
regulated the trade, h^tween the ports of the United States
and those of Great Britain, in Europe ; and it was consid
ered on fair and reciprocal principles ; but it had omitted
to include or adopt any article relating to the trade between
the United States and British colonial ports : So that the
commercial intercourse between these was subject to the
regulations of the British government, and was in fact moi
nopolized by British merchants, to the indirect injury of the
United States. This defect was early perceived, and an
* The leading members in Congress, who had been in the opposition during
tho war, and for some years before, having disapproved of embargoes, .non
importations, and non-intercourse, fully approved and supported the measure of
a national bank, and of providing for receiving the-public dues in spepie, ot
the bills of banks which paid specie. '

244 FEDERAL GOVERNMENT. [1816
attempt was made, in the House of Representatives, to
remedy the evil, by having an alteration in the convention,
so as to open the British colonial ports to vessels of the
United States, as has been before stated— but it was deemed
improper for the House of Representatives to interfere with
the articles of the convention, as it had been confirmed by
the President and Senate. It was also proposed in the
House, early in the present year, (1816,) to remedy the evil,
by laying higher duties on the tonnage of vessels and im
ports from the British colonial ports, than on those coming
direct from British ports in Europe. But the proposition
did not then meet the approbation of Congress. Efforts,,
however, were soon after made by the American adminis
tration, to negotiate on the subject; but the British govern
ment declined all discussion respecting it ; yet evidently
admitting, that discriminating or countervailing measures,
adopted by the American government, would not necessarily
be construed as indicating any hostile spirit towards that
nation. Early in the session of December, 1816, Congress
passed an act imposing additional duties on British vessels
and imports from the colonial ports, from which American
vessels were excluded by the convention ; but not affecting
at all the regulations of the commercial intercourse with the
ports in Great Britain, as contained in the treaty.
The message gave Congress information of an attack
recently made in the Gulf of Mexico, on a public armed
Vessel ofthe United States, sanctioned, as was then believed,
by the SpanLsh government ; and that a frigate and a smaller
vessel of war had been ordered to proceed to the Gulf, for
the protection of the vessels and commerce of the United
States. But assurances had been given by the Spanish
minister, that no orders of his government had been is'sued,
authorizing such attack, nor any other act of a hostile char
acter. It was also stated in this public address of the Pres
ident to Congress, that friendly relations were maintained
with the Indian tribes within fthe territory of the United
States ; and that continued efforts would be made to preserve
this pacific course of policy towards them. A new organ
ization of the militia was recommended, in order to render
that great arm of national defence more efficient, and as
being within the constitutional right and duty of the federal
government. The establishment of a national university,
by Congress, in the District of Columbia, was again recom
mended.* And a suggestion made of the importance of an
• This subject was committed and a report made in favor of such an uistitu-
tion; but did not receive the sanction of the majority of Congress.

1 816] SL^DISON 245
adequate provision for the uniformity of weights and meas
ures ; which the Constitution had placed in the hands of
the national government. Subsequently Congress passed
a law for this purpose; and an elaborate report was
made on the subject by the Secretary of State, (Mr. Adams.)
The national debt was large, at this time : but the Pres
ident gave notice of the prosperous condition of the finances
of the government : by which it appeared, that the public
expenses would be fully provided for, with a surplus of
nearly ten millions for reducing the debt which had accrued
during the war.
The acts of Congress passed at this session, will show
how far the recommendations of the President were ap
proved and adopted by the legislative branch of the govern
ment. A law was enacted, authorizing the Secretary of the
navy, under direction of the President, to cause a survey of
the pubhc lands which produced live oak and red- cedar, —
with a -view to their Teservation, for increasing the navy at
any future period. On the subject of navigation, it enacted,
that no goods or merchandise should be imported into the
United States from a foreign port, except in vessels of the
United States, or in such foreign vessels as truly belonged to
the subjects of the country, of which the goods were the
product or manufacture : That fifty cents per ton be im
posed on vessels of the L'nited States arriving from a foreign
port, unless the officers and two thirds of the crew were
citizens of the United States ; and a similar regulation was
to apply to fishing vessels : That a duty of fifty cents a
ton, be laid on American vessels entering in a district in one
State from a district in another State, except the States were
adjoining each other; -with a pro-vision in favor of such
vessels as had three-fourths of their crews citizens of the
United States : That a territory constituted by Congress,
and having a temporary government by virtue of a previous
law of the United States, should have the privilege of elect
ing a delegate to Congress, who should have a right to take
part in debate in the House of Representatives, but not to
vote. An act was also passed, requiring prompt settlement
of all public accounts, and providing for the appointment of
five Auditors, and pointing out their separate and particular
duties. At this session, a law was also enacted, for the
purpose of preserving the neutral relations of the United
States ; which forbid, under severe penalties, American
citizens engaging in any hostilities against the subjects or
people of a government at peace with the United States.
A marine corps was provided for, on the peace establish-

246 FEDERAL GOVERNMENT. [1816
ment, to consist of eight hundred, including officers;
which were to be, one Lieutenant Colonel, nine Captains,
twenty-four First Lieutenants, sixteen Second Lieutenants,
one Adjutant, one Paymaster, and one Quarter -master.
On the first of March, a bill was passed by both Houses
of Congress, for appropriating the bonus, which the govern
ment was to receive of the United States Bank, to purposes
of internal improvements ; but was rejected by the Presi
dent. The bill was supported by some leading members
of Congress at that time, who afterwards doubted the con
stitutional right to make such appropriations. This sub
ject was frequently discussed in Congress afterwards ; a
portion favoring the system with a view to national pros
perity ; and others opposing it, from constitutional scruples,
except in cases of great and obvious general benefit, and to
the execution of which no single State was disposed, or
fully competent. One great objection was, the difficulty
of deciding on the extent of such appropriations, after the
precedent was once established.
[The following was intended as a part of the note at page 227.]
Mr. Marshall, in the Virginia Convention for adopting the federal Constitu
tion, asked, " if gentlemen were serious, when they asserted, that if the State
governments had power to interfere with the militia, it was by implication.
merely.^' He thouglit " that the least attention would show they were mistaken.
The State governments did not derive their powers from the general govern
ment. But each government derived its power from the people: and each
was to act according to the powers given it." He asked " if powers not given
-were restrained only by implication. Could any one deny, that this power
was retained, since they had not given it away. Does not a power remain
until it is given away ? The State legislatures always had power to govern
and command their militia; and have it still, undoubtedly, unless m cases ex
pressly given by the Constitution to the federal government,"
In 1812, Mr, Poindexter said, " he thought that we could not constitution
ally employ the militia without the territory of the United States ; and that no
act of Congress could confer such a power on the President,"
Mr, Grundy said, " if the Constitution forbids the President sending the
militia out of the United States, how can Congress authorize him to do it by
law ? But it is said, a volunteer militia-man may authorize the President to
send him out of the United States. When the power of making war and rais
ing an army was given to Congress, the militia were retained by the States,
except in the particular cases mentioned. How, then, can yon permit the
mihtia to engage in the service of the United States, cdntreiry to the provisions
of the Constitution; and by that means leave a State unprotected?" The
very case, in which the executive of Massachusetts was severely censured for
liis conduct in 1812,
Mr, Nicholas, of Virgmia, said, " Congress cannot call out the militia for
any other purpose than to execute the laws, suppress insurrection, and to repel
invasion," Mr. Cheeves, of South Carolina, and Mr, Clay, of Kentucky,
¦were in favor of giving the President entire control of the militia, whenever he
should coaader it necessary for the public safety and benefit.

1817] MONROE, 247

CHAPTER X.
James Monroe, elected President. His Policy and Measures similar to Mr.
Madison, A practical Statesman, Attentive to the Public Finances, Fa
vors Economy in Public Expenses; and urges the strict accountability of
the Officers and Agents of Government, Encouragement to Domestic
Manufactures, Internal Improvements, Objections to Appropriations for
them. Pension Law, Great number of Pensioners, Negotiations with
England on Commerce, Disputes with Spain, Florida Controversy, Modi
fication of Pension Law.
James Monkoe, ofVirginia, entered on the duties of Presi
dent, March, 1817; having been elected in the manner
provided by the Constitution ; and generally pursued the
policy adopted by his predecessor, in the last year of his
administration, and the year after the war. He was favor
able to the support and increase of the navy, and recom
mended fortifications on the seacoast and other measures
of national defence. The Secretary of War, (Mr. Calhoun,)
was also decidedly in favor of these measures. Mr. Monroe
had less scruples on the subject of expenditures for internal
improvements, than his predecessor, who doubted that
the Constitution had given such power to the federal gov
ernment. The address made by Mr, Monroe, at his inauguration
as President, March, 1817, and his first message fo Con
gress, December following, disclose in some measure the
views which would guide him iu administering the federal
government, as well as his theory of the Union and of the
separate States. " Under the federal Constitution, the
States respectively are protected against foreign dangers,
while they enjoy, by a wise partition of power, a just pro
portion of sovereignty, and are improving their police, ex
tending their settlements, and constantly gaining strength
and maturity."
He spoke of the importance of the Union, and of the inter
est of the people in every section to preserve it, " The great
agricultural interests of the nation prosper under its pro
tection ; and local interests, are also fostered by it. Our
fellow-citizens of the north, engaged in navigation, find
great encouragement in being the carriers of the produe-

•248 FEDERAL GOVERNMENT. [1817
tions of other parts of the United States ; while the inhabi
tants of these are amply recompensed, by the nursery for
seamen and naval force, thus formed and reared up, for the
support of our common rights, — Our manufactures find
encouragement by the policy which patronizes domestic
industry : and the surplus of our produce, a steady and
profitable market by local wants, ui less favored parts, at
home," On the origin and nature of the federal government, he
says, " the defects of the first instrument of our Union —
the confederation — have been remedied, by infusing into
the national government sufficient power for national pur
poses, without impairing the just rights of the States, or
affecting those of individuals, — Had the people of the
United States been educated in different principles ; had
they been less intelligent, less independent, or less virtuous,
can it be supposed that we should have maintained the
same steady and consistent career ; or been blessed with
the same success 1 While then the constituent body re
tains its present sound and healthful state, every thing
will be safe. The people will choose competent aud faith
ful representatives for every department. It is only when
the people are ignorant and corrupt ; when they degen
erate into a populace ;* that they are incapable of exercising
the sovereignty. Usurpation is then an easy attainment,
and an usurper soon found. The people themselves be
come the willing instruments of their own debasement and
Tuin." He spoke in favor of measures for protection and defence
against foreign powers — " many of our citizens are engaged
in navigation, in commerce, and the fisheries. These in
terests, as we have seen, are exposed to invasion in wars
between other nations ; and we should disregard the faith
ful admonitions of experience, if we did not expect it, and
guard against it. We must support our rights, or lose our
character ; and with it, probably, our liberties, A people
who fail to do this, can scarcely be said to hold a place
among independent nations,"
The attention of the general government to manufac
tures was strongly recommended ; and the opinion ex
pressed that a systematic and fostering care should be af
forded to them, " Possessing, as we do, all the raw mate-
* The mere populace, or rather the mob or the rabble, must here be in
tended. In a republic the populace are the people, and therefore the source
of power. To prevent their being deceived and corrupted, must be the desire
of every true patriot.

1817] MONROE. i 249
rials, the fruit of our own soil and industry," the President
said, " that we ought not to depend, in the degree we have
heretofore done, on supplies from other countries. While
we are thus dependent, the sudden event of war, unsought
and unexpected, cannot fail to plunge us into the most se
rious difficulties. It is important too, that the capital,
which nourishes our manufactures should be domestic ; as
its influence, in that case, instead of exhausting, as it may
do in foreign hands, would be felt advantageously on agri
culture, and every other branch of industry. Equally im
portant is it, to provide at home a market for our raw ma
terials ; as, by extending the competition, it will enhance
the price, and protect the cultivator against the casualties
incident to foreign markets." A committee was raised in
the House of Representatives to consider the expediency of
providing by law for clothing the army in domestic manu
factured goods ; but although the members who expressed
an opinion on the subject were in favor of the measure,
no act was passed for the purpose, at that session of Con
gress. Of the powers and duties of the executive relating to the
public revenue and finances, the President gave his views
very plainly, and very wisely ; and it is only by conform
ing to the course he indicated, that the people's money
can be safely kept or collected, " The executive is charged
with the disbursement of the public money, and is respon
sible for the faithful application of it to the purposes for
which it is raised. The legislature is the watchful guar
dian over the public purse. It is its duty to see that ihe dis
bursements have been honestly made. To meet the requi
site responsibility, every facility should be afforded to the
executive, to enable it to bring the public agents, entrusted
with tfie public money, strictly and promptly to account. If
the public money is suffered to lie long and uselessly in their
hands, they will not be the only defaulters ; nor will the
demoralizing effect be confined to them. It will evince a
relaxation, and a want of tone in the administration, which
will be felt by the whole community. A thorough exami
nation should be made ; and I will readily promote it."
The President also expressed a hope, that harmony in
political opinions would more prevail among the people in
future, and observed, he was happy to perceive indications
of such a desirable event. Its future benign results were
weU portrayed ; and an assurance given of exertious, on
his part, to increase and extend it. No part of his official
conduct contradicted the magnanimous spirit, which he dis-
.32

250 FEDERAL GOVERNMENT. [1817
covered ; and yet his selections for public office were con
fined, in a great measure, to those of his peculiar political
views. The President made a journey through the mid
dle and eastern States, in the summer after his election, as
Chief Magistrate of the United States; and though the
majority in most of these States had opposed some of the
leading measures of the administration of his predecessors,
of which he had himself been a member, they united, as one
man, in demonstrations of respect and courtesy towards
this highest functionary of the federal government.
The visit and intercourse were favorable to the harmony
he had recommended ; and no one was more ready to co
operate with him in promoting this desirable object, in an
honorable manner, than Governor Brooks, then Chief Ma
gistrate of the ancient Commonwealth of Massachusetts.
As the message of the President to Congress, at the open
ing of the session, December, 1817, was more of a business
paper than his inaugural address ; relating to the existing
state of the country, and to the particular measures which
he deemed proper for legislative consideration, a reference
to its contents will exhibit the policy of the administration,*
and present a view of public events of recent occurrence,
at that period.
" The revenue was greatly augmented by an extensive
and profitable commerce. — Public credit had attained an
extraordinary elevation. — Preparations for defence, in case
of future wars, were advancing under a well-directed sys
tem, with all reasonable dispatch. — Local jealousies were
yielding to more generous and enlightened views of na
tional policy."
A proposition had been made by the administration to
the British government, for extending the principle of the
Convention made in 1815, (by which the commerce be
tween the ports of the United States and British ports in
Europe had been put on a footing of equality,) to the colonies
of Great Britain : but was declined by that government:
and it was suggested to Congress to adopt regulations, for
the protection and improvement of the navigation of the
United States, in consequence of the refusal by the British
to open their ports in their colonies, on similar terms as had
been agreed, as to their ports in Europe. By an act of
Congress on the subject of navigation, passed at the same
* The members of Mr. Monroe's cabinet were among the most able poli
tical characters, J, Q,. Adams was Secretary of State, -Wm. H. Crawford,
Secretary of the Treasury; and John C. Calhoun, Secretary of War.

1818] MONROE. 251
session, the ports of the United States were to be closed,
after September, 1818, against British vessels coming from
any port in the colonies of Great Britain, which were
closed against vessels belonging to citizens of the United
States ; and if they should enter, or attempt to enter Amer
ican ports, the vessel, cargo, and furniture, were declared
forfeited to the United States. The advocates of this act
considered it not as a hostile measure towards Great
Britain ; but a necessary regulation for the due protection
of American navigation.
The difficulties with Spain, on account of Florida, which
had given the administration much anxiety for several
years, still continuing, the subject was noticed at large, in
the President's message, at this time ; and it was recom
mended to Congress to settle the dispute, if it could be def
initely done, by a purchase of the whole territory. Mexico,
at this period, was in a state of commotion and revolt, and
other provinces in South America were evidently on the
eve of revolutions, of less or greater extent ; and it became
important to have all old disputes with Spain speedily
settled and terminated.
The American Envoy to Spain, had been instructed, in
1815, to demand indenmity for suspending the right of de-
posite at New Orleans ; for a refusal or neglect to fix the
boundaries of their territory bordering on Louisiana ; and
for spoliations on commerce, whether made by Spanish
vessels, or by the French, and condemned in their ports. In
1816, the Envoy invited negotiations on these subjects,
agreeable to his instructions ; but was told, the dispute
would be settled at Washington. But it was found that
the Spanish minister, near the American government, had
not full power to settle any thing; and his object appeared
to be delay. In 1818, the executive, by the Secretary of
State, offered the following proposition to the Spanish min
ister, with a view to terminate the differences between the
two governments, " A surrender or cession, by Spain, of all
territory east of the Mississippi river — Colorado to be the
eastern boundary — a reference to commissioners of the
claims on account of spoliations — that lands in East Florida
and to the river Perdido be held as a security for indemni
ties allowed — and Spain released from the payment of debts
arising from the claims. Evasion, or postponement of the
dispute, appeared still to be the object of Spain ; for her
minister offered nothing definite, or what was most mani
festly unacceptable and unreasonable. And when in the
summer of 1818, his consent was given for the cession of

252 FEDERAL GOVERNMENT. [1818
Florida, as proposed by the American government, it was
with the condition, that all grants of land, within the terri
tory, by the King of Spain to individuals, were to be recog
nized as valid ; and these grants it was found, were very
extensive, and contained some of the most valuable parts of
the country. The American Secretary was instructed to
reply to the Spanish minister, " That these grants niustbe
cancelled, or other indemnity provided for the citizens of
the United States." After some further delay, the Spanish
government engaged to cancel the private grants of land in
Florida; and vexatious disputes, of upwards of twenty
years continuance, were thus happily brought to a close.
One cause of delay, on the part of Spain, was the revolu
tions in her Mexican and other American provinces, con
nected with an apprehension, that the government of the
United States, encouraged or would favor the independence
of those provinces of the parent state in Europe.
The President had then expressed a sympathy for the inhab
itants df those provinces, in their efforts for self-igovemment.
Spanish armed vessels had, for some years before this pe
riod, committed depredations on the commerce of the United
States in the Mexican seas ; and though the federal execu
tive had promptly sent out several public ships for the pro
tection of the navigation in those seas, it was important to
provide by treaty against a recurrence of such injurious
practices. As a measure of provident caution, the Presi
dent sent out a ship of war with three commissioners, along
the southern coasts, to obtain correct information relating
to the conduct of unauthorized and disorderly individuals,
within the territory claimed by the United States, by the
purchase of Louisiana and the cession of Florida ; and par
ticularly to attempts by these lawless persons to introduce
African slaves ihto the United States. Such acts were al
leged to have been committed at different places on the
coast, from Amelia island, at the mouth of the river St,
Mary, to Galveston, in the gulf of Mexico. No European
government had authorized these proceedings; and it be
came necessary to adopt efficient measures to prevent, by
foirce, the repetition of such proceedings.
Referring to the public revenue and expenditures,, the
message estimated the former at twenty-four millions and
a half; and the latter at twelve millions. Ten millions
had been appliedito the reduction of the public debt and in
terest. But during the year 1817, then drawing to a close,
eighteen millions of the debt 'had been paid. It was esti
mated also, that the debt incurred by the purchase of

1818] MONROE, 25S
Louisiana migiht be fully discharged in the two following
years,* The President urged on Congress in this message,
the improvement of the militia system. It was estimated
that the number of the militia exceeded eight hundred
thousand ; and it was recommended to arm the whole in
an efficient and uniform manner. The number of regular
troops in the United States service, at that time, was up
wards of eight thousand. f
Further purchases of lands of the Indian tribes, it ap
peared, had been made ; chiefiy in the west and northwest ;
which were within the States of Ohio and Indiana, and of
the territory of Michigan, These purchases had been ef
fected on friendly terms, and the value at which they were
estimated by the Indians was paid by the government ; and,
when desired, tracts were reserved for the exclusive use
and occupancy of the natives. A large tract had then also
been purchased of the Cherokee tribe, within the State of
Georgia, and an arrangement made by which lands, west
of the Mississippi, were to be given in exchange for all the
territory claimed by that tribe, on the east of that river.
The following comment was made by the President, in his
message, on these purchases of the Indian tribes. " In this
progress" (the extension of settlements in the west by the
civilized inhabitants of the United States) "which the
rights of nature demand, and nothing can prevent, marking
a growth rapid and gigantic, it is our duty to make new
efforts for the preservation, improvement, and civilization
of the native inhabitants. The hunter state can exist only
in the vast uncultivated desert. It always yields to the
more dense and compact form, and greater force, of civil
ized population: and of right it ought to yield; for the
earth -was given to mankind, to support the greatest num
ber of which it is capatble ; and no tribe, or people, have a
right to withhold from the wants of others more than is
necessary for their own support and comfort."
These views were at once philosophical and humane.
And if they were made as an apology for the policy of the
government in obtaining tracts oi land from the native
Indians, they apply also to the measures adopted by Wash
ington and his successors : who, while they" all authorized
* The national debt, on the first of January, 1818, amounted to nearly one
hundred millions of dollars ; it had been reduced about twenty millions during
the two preceding years.
t The number of patents issued in 1817, for new inventions, was onehun-
dred and seventy : an evidence of the great industry andlngenuity of the cit
izens of the Xteited States ; particularly of mechanics.

•54 FEDERAL GOVERNMENT. [1818
purchases of the Indian lands, were careful to pay a just
compensation for them, and to have the free consent of the
head-men of the tribes, by tieaty, for the possession.
The President called the attention of Congress to the
public lands, which he said were of vast extent, and rapidly
rising m value. And he suggested the importance of legis
lation on the subject, which shoidd prevent their monopoly
by a few speculating capitahsts for their own profit ; and
to render them most productive to the United States revenue,
consistently with due accommodation to actual settlers.
" The public lands," he said, " were a public stock which
ought to be disposed of to the best advantage for the nation ;
and the nation should derive the profit proceeding from the
constant rise in their value. Every encouragement shoidd
be given to emigrants, consistent with a fair competiUon
between them ; but that competition should operate, in the
first sale, to the advantage of the nation, rather than of indi
viduals. Great capitalists will derive all the benefit inci
dent to their superior wealth, under any mode of sale which
may be adopted. But, if looking forward to the rise in the
value of public lands, they should amass vast bodies in
their hands at low prices, the profit will accrue to them,
and not to the pubhc. They would also have the power
to control the emigration and settlement, in such manner as
their opinion of their own particular interests might dic
tate," The subject of pubhc roads and internal improvements
was distinctly noticed in the message of the President, at
this time ; and, while he admitted the benefit to be derived
from them, he expressed his doubts as to the constitutional
power of Congress to apply the public funds to such pur
poses. As the subject had then recently been before Con
gress, and might soon again be introduced, he said he con
sidered it his duty to notify them, that with his present
views he could not approve of any act for such objects,
-without an additional clause in the Constitution, authorizing
such appropriations. Large sums had already been ex
pended on the Cumberland road, opening a better inter
course between the Atlantic States and those of the interior
in the west ; and further appropriations were then proposed
to extend and to complete it.
" In case of doubtful construction," — this is the language
of the President — " especially of such vital interests, it
comports with the nature and origin of our institutions, and
will contribute most to preserve them, to apply to our con
stituents for an explicit grant of power. And I think

1818] MONROE. 255
proper to suggest also, if this measure is adopted, fhat \t be
recommended to the States to include, in the amendiiient
sought, a right in Congress to institute seminaries of learn
ing for the important purpose of diffusing knowledge
among our fellow -citizens throughout the United States."
The labor for completing this great public road, from the
river Potomac, dividing Virginia and Maryland, to the Ohio
river, was suspended for some time ; but the construction
was afterwards resumed, and vast sums of public money
expended in rendering it fit for travel.
In this message, the President recommended the repeal
of internal taxes : " The revenue," he said, " arising from
impost and tonnage, and the sale of public lands, would be
fully adequate to the support of civil government, of the
military and naval establishments, for interest, and author
ized instalments of the public debt."
Early in the session, Congress passed an act to abolish
the internal duties imposed in the war of 1812 — 1815 : these
were duties on licenses to distillers, on refined sugar, li
censes to retailers, sales at auction, on pleasure carriages,
stamped vellum, parchment, and paper. Most of the meas
ures recommended by the President were approved by a
large majority of Congress ; and there was much harmony
among members of different political views. For there
were still some differences of opinion ; but much less of
crimination or bitterness manifested in debate than had ap
peared for several preceding years.*
In conformity to the suggestion of the President, a law
was passed at this sessioh of Congress, granting pensions to
the surviving officers and soldiers of the revolutionary war,
which included all who had served nine months in the con
tinental army at one term of enlistment.f The law was
modified, and in some measure restricted, by an act two
years after, which confined the pension to those who were
in destitute circumstances. But, with this modification, the
law afforded relief to a great number, not less than thirteen
thousand, who had given their personal services and haz
arded their lives for the liberties of the country, in the war
* During this session, the compensation for members of Congress was fixed
at eight dollars a day;, and eight dollars for every twenty miles travel; and the
act of March, 1816, providing a salary of fifteen hundred dollars for each
member, was repealed.
t The bill for this purpose was discussed several weeks, and was warmly op
posed by several members as injudicious and extravagant ; but was finally passed
by large majorities in both Houses of Congress^n the Senate by three-fourths.
Among the most active advocates of the bill, was Harrison, of Ohio, m the
House; and King, of New York, and Otis, of Massachusetts, in the Senate.

255 FEDERAL GOVERNMENT. [1818
of the Revolution. It was considered an act of great gen
erosity, or liberality, in the government ; but it was in truth
no more than equity and justice, to grant such support to
those who defended the country in a period of danger ;
and who, through the inabihty of government, had never
before received an adequate compensation for their invalu
able services.
An additional act was passed at this session of the federal
legislature, on the subject of importation of slaves into the
United States ; which modified, in some particulars, the law
of 1807 on the same subject, but did not materially change
its prohibitions or penalties. And a further law was enacted,
forbidding the citizens of the United States to engage in
any hostile enterprise against the subjects of a government,
which was on terms of peace and amity with the United
States. There were some attempts at that time to introduce
slaves into the country, through the ports in the extreme
south ; and an expedition was apprehended to be in prep
aration to invade the Mexican territory with hostile views.
The subject of internal improvements, at the expense of
the federal government, was before Congress during this
session. A committee, who had the subject under consid
eration, reported, " that the dividends of the United States
stock, in the national bank, be appropriated to such objects ;
but there was a strong opposition to the measure ; and after
repeated debates, relating principally to the constitutionality
of such appropriations, the subject was postponed to a future
day. And yet a vote was taken in the House, at one stage
of the bill, when there appeared a' majority of fifteen in
favor of appropriating the public funds for canals, and for
military and post roads. The majority in both Houses of
Congress on granting legislative encouragement to the do
mestic manufacture of cotton and woollen cloths, at this
time, was very great. In the Senate, all but three, and in
the House of Representatives, all but sixteen voted for a bill
to continue, for seven years, the duty laid in 1816, on im
ported goods of these descriptions. The navigation act,
passed at the same session of Congress, imposing additional
duties on vessels coming from ports, which were interdicted
to American vessels, and designed to favor the commerce
of the United States, was adopted by equally large majori
ties in both branches of the national legislature.*
* This act was designed to remedy or countervail the evils of excludmg
American vessels from the British colonial ports, as the commercial convention
with England, in 1815, had done. Mr. King of New York, explained and ad
vocated the bill with very great ability; and to the conviction of all who heard
or read his argument.

1818] MONROE. 2^7
A motion was made in the House of Representatives,
when in committee of the whole, by the Speaker — Mr.
Clay, of Kentucky — for a mission toSouth America, to ex
press the sympathy of the government of the United States,
for the colonies there, which had declared their indepen
dence, with a view to enter into friendly political relations
with them at a future day. The specific proposition was,
to provide a support for a minister to Buenos Ayres and
the provinces of La Plata, should the executive see fit to
appoint one ; thus previously giving an opinion in favor of
such a measure. The' proposition was rejected by a vote of
one hundred and fifteen to forty-five. It was not the object
of the mover to comproniit the peace of the United States,
or to authorize any connection which would necessarily pro
duce a war with an European power. But the objections
were, to moving at all in such a measure, as it might involve
the United States in unforeseen difficulties ; and it was con
tended, that no advantage would probably result from it.
Mr. Forsyth, of Georgia, opposed the projected measure
with great ability and eloquence. Those members of the
House, who had been usually denominated federalists, took
little part in the debate. The inhabitants of South America,
as well as of Mexico and Central America, had long been
kept in a degraded condition, and unjustly oppressed. Their
situation was commisserated by, the citizens of the United
States generally ; and most were hoping that they would
throw off the heavy yoke of European governments, and
assert their independence. But the policy and propriety of
a formal declaration in their favor, by the goyCrnnient at
that period, and in their then unsettled state, was not ad
mitted by the majority of the citizens.
During the year 1818, and previously to the treaty with
Spain, negotiations for which have been already noticed,
very serious difficulties arose in Florida, on account of the;
invasion of the territory, then in possession of the Spanish
government, by United States troops, under command of
General Andrew Jackson, and of the forcible seizure of St.
Marks and Pensacola. This conduct of the American
General was deemed altogether unjustifiable ; as negotia
tions with Sjfiain for the territory were then pending; and
the instructions of the President did not authorize an attack
on the Spanish troops or forts. Qenetal Jackson had been
directed to subdue the Indians, who were troublesome to
the white population in Alabama ahd vicinity ; but not to
attack or invade the Spanish possessions. His plea for doing
it was, that the hostile Indians fled to the Spanish com-
33

258 FEDERAL GOVERNMENT. [1818
manders for protection; that they were encouraged by
them ; and that the safety of the inhabitants in that part
of the United States required such proceedings. The execu
tive afterwards caused the instructions given General
Jackson, on this occasion, to be laid before Congress ; and
he also gave orders immediately for the restoration of the
forts and places to the Spanish authorities. Geheral Jack
son was also charged with undue severity, at this time, in
the execution of two British subjects, whom he took in the
territory. The punishment wassummary, and without law ;
but the justification he offered was, that they were instigating
the Indians in their hostilities against the citizens of the
United States, and were to be treated as spies, or outlaws.
The plea was not satisfactory to the pubhc. Outlaws are
not known by the American government. And it was notfor
a military character to declare any one such, without a claim
to legal trial. And they could not justly, be treated as spies;
for there was no war then existing ; and no enemy known,
to whom improper information could be given. In disavow
ing and. disapproving the conduct of General Jackson, in
these acts, the executive found cause, however, to excuse
them, on the consideration of the peculiar exigency of the
case. The great popularity of the military commander was
supposed to have furnished a reason for no further proceed
ings or inquiries into this affair,' Two of the cabinet, as it
afterwards appeared, were of opinion, that a public censure
or reprimand was necessary, to vindicate the character of
the administration.*
In much later times, Florida has been a field for expense
and suffering to the United States. It has become the cem
etery for many a gallant and worthy young man, who be
longed to the military of the nation. In many instances
also, the native population have been destroyed in wanton
cruelty, and not for necessary defence. It has been found
impossible to remove, or to quiet them in all parts of the
* The instructions from the President to General Jackson, forbid him to enter
Florida, unless in pursuit of an enemy; and in that case, to respect the Spanish
authority, wherever it was maintained. The latter part of the instructions
appear to have been directly disregarded. Such conduct would have mvolved
the United States in war, with a powerful nation, except there were a prompt
and explicit disavowment of h by the executive. The conduct of the military
commander, (General Jackson,) was made a subject of inquhy in the House
of Representatives, and a report made, disapproving of some parts of it as ar
bitrary, unjustifiable, and dangerous in principle; and the report was ably sup
ported by Clay of Kentucky, Johnson ofVirginia, and others; but opposed
by many other members. The inquiry disclosed several highly arbitrary acts.
The Governor of Georgia was told by General Jackson, " that he had no right
to issue a military order while he was in the field,"

1818] MONROE. 259
territory. Some of them, indeed, have relinquished their
right and claim to the soil : but others have remained ; and
all efforts to subdue or to banish them, have proved unavail
ing. To gain and to keep possession of Florida, where there
were only two or three thousand warriors, has cost the United
States almost a sixth part of the expense of the eight years
war for liberty and independence. The patriot, and the
philanthropist have often. inquired, if just and kind treat-
ndent of the natives would not have made them friends of
the government ,and of the people in their neighborhood ;
and thus have prevented the imrtiense waste of blood and
treasure, for a territoty not necessary for the glory or pros
perity of the republic ; nor justly claimed, without the
consent of the native tribes.
In his message to Congress, at the beginning of the ses
sion, in November, 1818, the President referred to the Con
vention, made wi^h Great Britain in 1815, for regulating
the commercial intercourse between the two countries, and
which would expire in the following year- : and stated that
the American Envoy, at the court of London, had been in
structed to call the attention of the British ministry to the
subject ; proposing a removal of the terms of the Conven
tion, with some modifications, deemed more favorable to th^
navigation andcommerce of the United States. The En
voy, then at the court of Paris, was authorized and directed
to repair to England, and to assist in the negotiations.' And
the Various su'bjects of impressments, of the fisheries, of
boundaries, with a general regulation of all commercial in
tercourse in future, were to be discussed, and if possible
adjusted in a satisfactory manner. Congress was informed
that the British administration had met the propqsition in a
friendly spirit, and that negotiations had been already com
menced. The President gave a full statement of the proceedings in
Florida, by United States officers, and of the capture of St.
Marks and Pensacola, and of his disavowal of the attack
on those places, and his restoration of them to the Spanish
authorities. He suggested, that an apology inight be found,
for the acts committed without his authority, in the weak
ness of the Spanish forces . there, or a neglect to keep In
dians in submission and peace. They had perpetrated
many deeds of cruelty, and the country was in a state of
anarchy, as well as a place of resort for lawless and dan
gerous men,* The remedy, if severe and arbitrary, might
* The Secretary of State said, in reply to the Spanish minister — ^that th^ en
trance of Florida, by General Jackson and the United States troops under his

260 FEDERAL GOVERNMENT, [1818
in his opinion, be justified, from the necessity, of the case.
He expressed a hope, however, that the difficulties between
Spain and the United States would soon be brought to a
close, by a cession of Florida.
A reference was made in the message to the pohtical
state of Buenos Ayres and some other provinces in that
part of South America, which had then recently declared
themselves independent of Spain : and to the appeal of the
latter to her allies in Europe for assistance or advice. The
European powers, friendly to Spain, it appeared, had prom
ised tp mediate between the provinces and the parent
government: but it Ayas not expected that those powers
would interfere by force to oblige the provinces to submit,
but would be satisfied with an expression of their opinion
on the subject. And the President was therefore induced
to observe, " that the policy pursued by the United States
government, which was of a neutral character, and a for
bearance of all definite action in favor of the provinces,
was highly proper in the present state of affairs,"*
The message gave a statement of the finances of the
United States, which were in a very prosperous state.
The actual and estimated receipts into the public treasury
were about twenty-five millions : and, after satisfying all
demands under the appropriations made, redeeming a full
command, was necessary for the safety of American citizens in Georgia and
Alabama; that the Spanish officers in command there were guilty of gross neg
lect in riot restraining the native Indians ; that lawless and dangerous individuals,
who were selfish adventurers from other countries, had instigated the Indians
in their various acts of hostility; and this being proved, that their summary
execution was proper; that the Spanish government might be assured this
state of things could no longer be endured, and " that the government of the
United States would keep up a fqrce in the province, sufficient to restrain the
Indians," , "The duty of this government," he said, "to protect the per
sons and property of our fellow-citizens on the borders of the United States is
imperative; it must be discharged — and, if after' all the warnings which Spain
has had ; if, after the prostration of all her territorial rights and neutral obliga
tions, by JVichols and his banditti, of all her treaty stipulations, by Arbuthnot
and Ambrister, abetted by her own commanding officers, to the cruel annoy
ance of the United States — if the necessities of self-defence should again com
pel the United States to take possession of the Spanish forts and places in
Florida, we declare, with the frankness and candor which becomes us, that
another unconditional restoration must not be expected — that even the Presi
dent's confidence in the good faith and ultimate justice of the Spanish govern
ment will yield to the painful experience of continual disappointment; and that
after unwearied and almost unnumbered appeals to them for the performance of
their stipulated duties in vain, the United States will be reluctantly compelled
to rely, for the protection of their borders, on themselves alone."
* The Commissioners appointed sometime before by the executive to visit
South America, had returned, and their opinion was in accordance with that
here expressed by the President,

1818] MONROE, 261
moiety of the Louisiana debt, and paying the whole of the
old six per cent, stock, two millions wQuld be remaining in
the treasury.,,-" The sale of public land^, during I the year,
exceeded both ,in quantity and price jlh-^it of ajiy former
year ; and several large tracts had also been purchased of
thji;,Jndian tribes, with the entire approbation of , Uie chiefs,
and of great value to the United States, ,
During this session of Congress, a ccmmittee was ap
pointed by the Hou^e of Representatives',, to examine into
the conduct of the directors of the Uni ed ^tatep Bank ;
though the proposition was opposed as unnecessary. There
were suspicions and reports at that time of. mismanage
ment in the administration of the instituiouf and it was
charged, that the terms of paying in the cipitiil stcjjck had
not been strictly enforced, and that there wjis a spirit of
favoritism in the board of directors. Some defects were
found, by the pommittee, in the conduct of tie president
and directors ; but nothing to warrant the reports i which
had been circulated unfavorable to the bank Nq gross
misconduct, and no violations of the charted wae dejected ;
and no act of the national legislature followed on [he re
port. The inquiry could not justly be consicfered tis im
proper, as the public reports of the day were calculated to
weaken the confidence of the people in the institition'; and
as there was then a great pressure in the monptarsf con
cerns of the country ; "and it was important that i banking
company, which had the countenance and suplort 6f the
federal government, should be faithfully adminiaere4. It
was a period of uncommon pressure with all tie lianks
in the nation, and many were unable to meet thepayment
of specie for their bills. There was a great slarcity of
specie in circulation. The trade and commerce Ivith for
eign countries had led to ah exportation of theipreclous
metals in ijnusual quantities. And it was prraoseq in
Congress to prohibit or restrict the exportation, as ^remedy
for the embarrassments which existed. But the najority
was opposed to such a measure* The opinion of tl^ Seire-
tary of the Treasury was requested by a committ^ of the
House of Representatives, on the subject, which Vas kd-
verse to all legislation, and the committee in theil repbrt
agreed with the Secretary. They observed— ^'I« is the
opinion of your committee that commerce will iourish
most, when permitted to pursue its own paths, marljpd out
by itself, embarrassed as little as, possible by legillatite
regulations and restrictions," 1
A Convention' was concluded between the United States

262 FEDERAL GOVERNMENT, [1818
and Great Britain,' in October, 1818, and ratified on the
part of the latter in November, and on the part of the for
mer in January, llpl9 : but it did not embrace all the sub
jects proposed by;the American Envoys, and anticipated
"by the executive. The subject of impressment -vyas not
included, nor thai of the trade between the United States
and the colonies qf England ; though these were urged by
the Envoys of thfe United States.* The principal articles
related to the fisleries, near the coast of Newfoundland,
of the Magdalenflslands, of Labrador, and in the Straits
of Bellisle : \o the northern boundary line between the ter
ritories of each nation, from the Lake of the Woods and the
Rocky Mouataips — to the admission of the citizens and
subjects of either power to the northwest coast of America,
west of the }locfcy Mountains, for ten years, without prejix-
dice to the clairfis of either, to any part of that country : to
the renewal and continuance of the Convention of 1815, for
the term of ten years ; and to the restoration of slaves be
longing to dtizens of the United States, taken in the course
of the war )f 1812, as formerly stipulated by the treaty of
Ghent, The mist important laws of Congress, at this ses
sion — fron November, 1818, to March, 1819 — were the
following : to protect the commerce of the United States,
and punisi the crime of piracy ; by which the President
was autlorized to instruct the commanders of public
armed vesels of the United States, to sei2;e any armed
vessel or boat, which had committed or attempted any
piratical tepredations or aggression on the maritime pro
perty of American citizens ; and in certain cases, to permit
merchaiU vessels to be armed in self-defence ; — to regulate
the dutiis on imported wines, by which a reduction was
made in the duties previously required : — to provide for
the eivilKation of the Indian tribes adjoining the frontier
settlemeits of the United States ; by which the President
was autiorized to employ suitable persons to teach them
agricultire, and to encourage them to engage in it ; and
also to iistruct their children in reading, writing, and arith
metic; md the sum of ten thousand dollars was voted for
such pirposes : and an additional act to provide for the
prcmptsettlement of public accounts,
* The British negotiators were not willing to agree to relinquish their an
cient claii of the right to search for then own native subjects, in merchant
vessels, i time of war, when they might need their service; and the Envoys
of ihe Uited States could not consent to such a claim, without virtually sur-
renderin; their sovereignty and independence : But were ready to engage to
exclude Sritish. subjects from their maritune service, in all cases.

1818] MONJOI, 263
There was also a law m»de at this time, relating to the
slave trade, designed as supplementary to former laws on
the same subject. It gave the President power to employ
any of the armed vessels of the United States to cruise on
the coasts of Africa, or elsewhere, where he had reason to
believe attempts were made to carry qn the slave trade by
citizens or residents of the United States,
The territory of Illinois was admitted into the federal
Union, and recognized as one of the United States; Missis
sippi was admitted at the preceding session of Congress ;
and Alabama, in 1819 ; and Maine in 1820,
The attention of the federal government continued to be
directed chiefly to the fiscal concerns of the country, by
effecting sales of pubhc lands,, and reducing the national
debt ; and to a gradual completion of fortifications for de
fence. The demands on the treasury had increased, on ac
count of the very great number of pensioners under the law
of 1818. More than a million of dollars were paid to these
veterans of the Revolution in one year. And the revenue
arising from imposts was less, in 1817, than in the pre7
ceding year. Embarrassments of a pecuniary nature af
fected most parts of the United States, in 1818 and 1819 ;
and the influence, to some extent, was felt in the revenue.
The manufacturing, interests suffered by this general
pressure in the monetary affairs of the nation. And the
President, in his annual address to Congress, December,
1819, suggested the propriety of affording further encour
agement to these establishments. They had shared in the
disadvantages arising from the small and limited discounts,
which the banks could, at that period grant them; for in
most instances they needed a credit to prosecute their
business with success. The President submitted it to the
national legislature to afford such encouragement and aid
as they might think proper, "having due regard to the
other great interests of the nation,"
The message of the President, December, 1819, referred
at some length to the state of the Spanish provinces in
South America, which had thrown off their allegiance to
the parent government three years before, and where a
civil war had followed, between the inhabitants in the
provinces, and the troops in the immediate service of the
crown. The contest had thus far proved favorable to the
provinces. Buenos Ayres, ChiU, and some other colonies
had maintained their independence ; and the progress of
the revolution in these countries had excited the sympathy
or inteirest of other governments. Most governments in

264 FEDERAL'iGOVERNMENT, [1819
Europe, being anxious for the support of the principles of
legitiniacy, were not defeirous of the success of the people
in South America, who -Were professedly aiming to estab
lish free governments oh the ruins of monarchy. The peo
ple of the United States generally, discovered a deep sym
pathy for the rising republics, and expressed a wish for
their independence of the European monarchy. The Pres
ident possessed, in some njeasure, this spirit of sympathy ;
but he wisely held a neural position, and recommended
the same policy to Congress. "A virtuous people," he
observed, " may and will confine themselves within the
limits of strict neutrality ; but it is not in their power to
behold a conflict, so witally'important to their neighbors,
without the sensibility and sympathy which naturally be
long to such a case. It has been the constant purpose of
the government to prevent that feeling leading to excess ;
and it is very gratifying to state, that so strong has been
the sense, through the whole community, of what was due
to the character and obligations of the nation, that few ex
amples of a contrary kind have occurred." The favorable
views towards these provinces in South America, which
were cherished by the federal administration, had been
frankly communicated to the European powers ; and the
President expressed the belief, that such was the progress
the revolutions had made, and such the condition of Spain,
that the latter would refrain from prosecuting the contest.
A formal recognition of the independence of the provinces
in South America, by the federal government, would have
been premature and injudicious at that period; and yet
the measure was urged by some eminent politicians then in
Congress. The pacific policy proposed by the United
States, forbid any interference between these provinces and
the parent government in Europe, As much as was proper
or politic was done, by the declaration of the President,
that the United States could not be indifferent to attempts,
by the monarchica;l powers in Europe, if any were made,
to put down these infant republics by force, and to compel
their submission to the government of Spain, with a vieiv
to support the principles of legitimacy, which were pre
vailing on the old continent,*
* Mr, Clay, of Kentucky, then the Speaker of the House of Representa
tives, in 1818 and again in 1819, declared himself in favor of recognizing the in
dependence of the South American provinces, and expressed a hope that they
would be successful in their struggles for self-government. Many other mem
bers expressed similar views ; but the majority considered it improper in the
..government to interfere.

1820] MONROE. 265
The sanction of the federal legislature was given to in
ternal improvement, which had been a subject of frequent
discussion before ; so far as to authorize the executive to
cause a survey of the country, for continuing the Cumber
land road from Wheeling, on the Ohio river, in the west
part of Virginia, to a point on the left bank of the Missis
sippi, between St, Louis and the mouth of the Illinois river ;
and an appropriation was made to meet the expenses of the
survey. The bill for this purpose received much opposition ;
and some voted in favor of it, who had doubts of a consti
tutional right in the federal government to expend the pub
lic monies for internal improvements, except in works evi
dently of great national benefit. They gave it their sup
port from the consideration, that the project having been
commenced, aud the road made in part, it was proper to
complete and to extend it. A great part of the distance
would be through lands belonging to the government ; and
the value of these would rise, on the opening of the road.
This project has been very expensive to the government ;
but the situation of the country then called for such a
measure. The canal and a railroad, since constructed, to
facilitate the intercourse between the eastern and western
parts of the Union, have rendered the Cumberland road
less important than it appeared to be when first under
taken. The attention of the national legislature, at this period,
was devoted to the currency, and to the pressure in the
monied operations in the community. The importation of
foreign goods had been to a very large amount, and great
debts incurred in Europe ; a spirit for extensive trading
prevailed; and bank paper had increased, which operated
to raise the price of articles, and at the same time led to a
system of extended credits, which, though a temporary re
lief, soon produced much embarrassment. The greatest
evil, perhaps, was the multiplication of banks, and the
increase of bills issued by them. One disastrous effect was,
the suspension of specie payment by many banks ; which
weakened the confidence of the people in these corporations.
And another was, that specie was exported, in large quan-
ties, to pay for goods imported from Europe and India.
But Congress could do little to remedy the evil. One
proposition was, to issue treasury notes to a large amount,
and to make them a tender. But there were few advocates
for such a measure. It was opposed as not being warrant
ed by the Constitution ; and though Congress might order
a large issue of treasury notes, they would goon depreciate ;
34

265 FEDERAL GOVERNMENT, [1820
and be little better than the paper money in the time of the
Revolutionary war. Others proposed, in order to furnish
the government with necessary funds, that all duties arising
from imported goods should be paid in specie. But neither
was this plan approved by Congress, It was also pro
posed, at the same session, to raise the duties on most ar
ticles imported from foreign countries ; as this would in
crease the amount of the revenue, and at the same time
operate in favor of domestic manufactures. But it was ob
jected, that the manufacturing interests were already suffi
ciently encouraged — some, indeed, believed unduly — al
ready ; and that higher duties would fail to produce a larger
amount of revenue; as less would be imported, when the
duties were much advanced, and that smuggling would
probably prevail extensively, to the injury of the public
morals as well as of the public funds. Repeated and zealous
attempts were made at this time, to grant further encour
agement to manufactures in the country ; and several
members of Congress were in favor of the bill for raising
the duties on cotton goods, iron, cordage, &c, with a par
ticular view to the manufacturing interests. The bill was
adopted in the House of Representatives by a majority of
twenty, after various efforts to alter or postpone it ; but did
not receive the concurrence of the Senate, Some members
called it the commerce-killing bill; and some complained
that the interests of agriculture were wholly disregarded or
injured. It was also opposed, from the consideration that the
revenue from imposts would be so diminished, as the high
duties would greatly check importations; and that direct
internal taxes to a great amount must be imposed, A prop
osition was also made and urged in Congress, at this session,
to require the payment of duties on imported articles, with
some exceptions, before a permit should be. given to land
them, unless they were designed for exportation. The ar
ticles excepted, were such as were in common use among
all classes of people ; as teas, coffee, salt, molasses, sugar,
spices, dye-stuffs, and medicines. But on these, if the du
ties did not exceed one hundred dollars, immediate pay
ment was also to be made. The bill was rejected, after
long and repeated debates, by a vote of ninety-one to fifty-
five,* The evils proposed to be remedied or lessened by these

* This bill was advocated by Clay of Kentucky, McLean of Ohio, Baldwin
of Pennsylvania, and others. And opposed by Lowndes of South Carolma,
Smith of Maryland, and many others.

1820] MONROE, 267
plans presented in Congress, were believed, however, to be
chiefly owing to overtrading, and to the great issue of bills
by State banks, then recently established beyond all former
example. A spirit for banking companies prevailed, and
an unusual and unnecessary number were authorized in
almost every State in the Union, The country was flooded
with paper money of this sort ; many .banks were unable
to redeem their bills when presented ; and the most disas
trous results soon followed. But it was not within the
province of the federal legislature to apply a direcf and ef
fectual preventive. It was indeed, a question, whether
Congress had not a right to regulate and control all State
bank companies, by virtue of a clause in the Constitution,
" giving them power to coin money, and to regulate the
value thereof" Different constructions were given to this
clause ; and the State legislatures had so long exercised the
power of creating such corporations, without any objec
tions, that it was judged impolitic to interfere with them.
During this session of Congress, (in March, 1820,)
Maine and Missouri, were admitted into the Union, as sep
arate States, with all the rights and privileges of the other
States which composed the federal government. But on
the question of admitting Missouri, a proposition was offered
that involuntary slavery should not be permitted to exist
there ; which gave rise to long and very warm discussions,
in both branches of the national legislature. Slavery had
been expressly excluded from Ohio, Indiana, and Illinois,
by acts of Congress, on their admission into the Union.
But that restriction was by virtue of an ordinance of the
former Congress, under the confederation, prohibiting the
introduction of slavery into the northwest territory, out of
which these States were formed, Missouri was part of the
Louisiana territory, purchased of France in 1803. And
in various parts of that extensive territory, slavery then and
had long existed, Louisiana had also been admitted into
the Union without any such restriction or prohibition.
The States of Kentucky, Tennessee, Mississippi, and Ala
bama, admitted into the Union, as separate States, pre
viously to this period, were made subject to no such re
strictions ; as they were taken from States in which slavery
existed. From that consideration no attempt was made
in Congress to restrict these States in this respect. And
it was contended, that on this principle, Missouri should
also be received, without requiring as a condition of ad
mission, the exclusion of slavery. And it was also insisted,
that it would be interfering with the independent character

268 FEDERAL GOVERNMENT, [1820
of a State, to enforce any such restriction, which was man
ifestly a subject of regulation by the State authority. On
the contrary, it was urged, that in the old States the sub
ject was expressly settled by the Constitution, and Con
gress could not justly interfere in those States ; but, that it
was otherwise with new States received into the Union ; in
which case Congress had the right to impose such restric
tions and conditions as it might choose — that it was evi
dently the intention of the old Congress, not to extend
slavery, having prohibited its introduction or existence in
new States to be formed out of the northwest territory ; and
that slavery was so great an evil, and so abhorrent to the
principles of a free government, that it should be abolished
or prohibited, wherever it could be constitutionally effected.
The majority for the admission of Jlissouri without the re
striction proposed, though long and ably urged by many,
was quite small ; and the bill for the purpose, before its final
passage was amended by adding a section prohibiiing, in
future, the existence of slavery beyond the latitude of
thirty-six degrees and thirty minutes north, within the
United States, and not included in the limits of the said
State of Missouri.*
Some members of Congress, who opposed this restriction,
on condition, were equally desirous of preventing the ex
tension of slavery as others ; but they believed the prohibi
tion an improper interference or encroachment on Stale
sovereignty ; and that it was as proper to permit it in this
case, as in the States formed from Virginia, rs orth Carolina,
or Georgia.! F^ir the greater number of those who were
in favor of a provision, in the bill for the admission of Mis
souri into the Union, interdicting slavery therein, ac
knowledged the right in the old States to hold slaves, as
recognized in the Constitution. They held that instrument
* The south boundary line of Missouri is in this latitude ; so that now
slavery cannot be allowed in a new State which may be formed out of the ter
ritory of the United States west of Jlissouri, and north of thirty-six degrees
and thirty minutes.
t Among the advocates for excluding slavery from Missouri, were R, King
of New York, Otis of Massachusetts, Dana of Connecticut, Sargent and
Hemphill of Pennsylvania. Of those opposed to such exclusion were Holmes
of Massachusetts, Vandyke and McLane of Delaware, Pmckney of Maryland,
Randolph and Barbour of Virginia, Lowndes of South Carolina, Clay and
Johnson of Kentucky. The vote in the House of Representatives was sev
eral times given for excluding slavery; but the Senate di-sagreed, and would
not yield to the House; and afterwards the House yielded to the opmion of the
Senate, and by four majority voted in favor of the bill, omitting the clause of
exclusion.

1820] MONKOK. 260
as sacredly obliiiatory ui>on Congress: and did not nttcnqit
to intiM-foro with the siilijt-ct of shivery in the origiiuil Slates.
Thoy iilso itdiuittod, that whou ono of tho old Slatos was
ilividod. and a uow Siato fonnod by a part of it, slavoiy
could not properly bo proliibitod. But sinooroly disposed
to adopt all lawful aud jiropor moans to prevent its incroaso,
thoy would not havo allowed its oxistoiioo iu a Stale t'onnod
from a territory, not within tho I'nilod Stales wlion tho
lodor,)! Constitution was adopted,
,Viv act was passtxl by Coiiiiross. ^Iny, IS'iO. by which
tho commissions of district attoniios. oolloolors o( tlio ons-
loms, uaval iillioors and survoyors. navy agents, rogistors
of huul otlioos, \o. should bo for tho tonu of lour years
only. Tho objoct of the law was to soouro the prompt
paymoiit of public monies: which provionsly, in many in-
siauoos, romaiuod a long linio iu tho liamlsof the roooivor.
aud was uot paid into liio ivoasiiry of tho United Slates;
aud uumorous dolinquonoios oiourrod in tho public agents,
A law tor tho purpose oi insuring prompt payiueut was
passed iu ISIT ; but did uoi prove a sutlicioiit soourity, —
.\nd 11 was boliovod, that the limitation of thc commissions
of such oitioors would induce thoiu to bo more prompt and
oaroliil iu paying over tlic public funds, which came into
thoir possession, by virtue of their oliioial duiios. The
opinion oi (,\ingross was thus oloarly oxprossod. that a
public agent and roooivor oi the public rovouuo. if delin
quent, siunild uot bo sullorod long to roniaiii in ofiice. It
woulil havo boon a groai saving anil bonelit to tho govoni-
ment, if this prinoiplo had boon strictly obsorvod afiorwards.
.Vuotlior law was passed, at this liuio. lor the samo objoct.
the soourity of the puhlic liiiuls: bcim:: f'or the •• bettor or-
gani.'.aliou oi the iroasnry doparlniont."* It provided tor
tho appoiiitniont of a now ollioor iu the treasury departiuent,
whoso duty it should bo to prosoonto delinquents in ofiice,
ou iiotioo of their dolault from tlio oonqit roller.
Two important bills, hoforo Congress in tho ooursoof this
session, ono for osiablisbiug an unit'onu act of bankruptcy,
aud tho other lor an unil'orin modo of choosing olooiors of
Prosidoni !U»d Vioo Prosidont oi tho I'nilod Slates, by the
people, in disinois, woro supporieii by several members
with arroai ability and /.oai; but. alter many days discus
sion, loooivod tho uogaiivo of iho majority. Tlie mombers
* Tn :i report of the SoiriM:ir\ of the Tro.nsnry, at this time, il \v;is stated,
th;U iumH\ a uiillioa iuul half ol" dollars had boon lost to the goverimient, l>y
do.£uUts of public ollioor.-;.

270 FEDERAL GOVERNMENT, [1820
from the northern and eastern States were generally in favor
of a bankrupt law. Those from the south and west parts
of the Union were opposed to it. They apprehended that
much fraud would be practised under it, and that creditors,
who were often working people, would be deprived of their
just dues, — The proposition to amend the Constitution so
as to require the choice of Electors to be directly by the
people, and in districts, was not a party or sectional question ;
but there appeared an unwillingness in the majority to pro
pose such an alteration to the States, or to the people. It
was probably the intention of the framers of the federal
compact, that each State should decide as to the mode of
electing the few persons who were to give a vote in this
case, and thus express the opinion and will of the whole
State. Whether these persons were chosen in districts, or
by a general ticket throughout a State, or by the represen
tatives of the people in their respective legislative assem
blies, the spirit and letter of the Constitution Avould be
observed. But as each State is to have a voice in the
choice of President and Vice President, the districting system
would evidently be a less fair and full expression of the
will of the majority in a State, than a choice by the legis
lature, or by a general ticket. In either of the two last
modes of appointing Electors, the undivided opinion and
will of the majority would be declared.
During this Congress, the President was authorized to
borrow the sum of three millions of dollars for the public
service; it having been stated by the Secretary of the
Treasury, that the expenditures would probably amount to
nearly sixteen millions, and that there might be expected
some diminution of receipts from the revenue. The expen
ditures for the civil list were estimated at two millions and
a half ; for the army, including provisions and instalments
due the Indian tribes, ten millions and three hundred
thousand ; for the navy department, two millions and a
half; and for miscellanies and contingences, a large sum.
The navigation act, of April, 1818, was considered, and
modified so as to prohibit the entrance, into ports in the
United States, of British vessels coming from Lower Cana
da, New Brunswick, Nova-Scotia, Newfoundland, St, Johns,
Cape Breton, and Bermuda, as well as from other ports
within the dominions of Great Britain, in the West Indies,
or South America, The object of this law was the same
as of that passed in 1818, only extending the prohibition
contained in the latter. Nor was it designed as a hostile
.act ; but as a measure called for by a regard to the interests

1820] MONROE, 271
of the navigation of the United States ; and in the expect
ation that it might eventually lead to the adoption of more
liberal principles, and a real reciprocity in trade between
the two nations. This and the former act on the same
subject were proposed and advocated by one of the most
distinguished statesmen in Congress, Mr. King, then a
Senator from New York. — A bill was passed in the Senate
by a small majority at this session, respecting the boundary
line between Indiana and Illinois, but Avas opposed by
Mr. King ; who expressed his doubts of the constitutional
power of Congress to establish the boundaries between
sovereign States of the Union. The opinions of this expe
rienced and learned statesman, who had been a member
of the old Congress from Massachusetts, and one of the
delegates in the general Convention, 1787, for forming the
federal Constitution, had great infiuence in the Senate :
and no man better understood the nature and principles of
that natiDUEil compact. His opinion on this subject, in
later times, has not received so much deference and re
spect. How far the individual States are sovereign, is a
difficult question to solve, in some cases which may and
have occurred, "^ disposition has been manifested, in
many distinguished politicians, to increase the power of the
general government, and to curtail that of the State au
thorities ; and yet one of the articles appended to the Con
stitution is, " that the powers not delegated to Congress
nor prohibited to the States, are reserved to the States re
spectively," In the President's message to Congress, November, 1820,
after alluding to the general prosperity and the auspicious
prospects of the United States, he referred to the recent
partial pressure in the concerns of trade and finance ; which
he attributed, in some measure, to changes which had
taken place in Europe, but more to the great amount of
the circulating medium, by unusually large issues of bank
paper, in all parts of the United States, " These," he added,
" we should regard in the light of instructive admonitions;
warning us of dangers to be shunned in future; teaching
us lessons of economy, corresponding with the simplicity
and purity of our institutions, and best adapted to their
support?;" At this time, the President again referred to the situation
of the Spanish provinces in South America ; and stated,
that, while divisions unfortunately prevailed in Buenos
Ayers, Venezuela and New-Grenada had gained strength,
and acquired reputation, both for the management of the

272 FEDERAL GOVERNMENT. [1820
war, in which they had been successful, and for the order of
internal administration. Late changes in the government of
Spain were favorable to the revolution in these provinces ;
and the authorities in the latter were fully resolved to
maintain their independence. It was not probable that
any of the powers in Europe would take part in the contest
between Spain and her colonies ; and that an adjustment
was expected to take place between the parent govern
ment and the South American provinces. It was the hope
of the administration that this result would be realized ;
and that it would not be proper for the United States to
interfere in the present contest.
On the subject of the public debt and finances of the
United States, the President informed Congress, that the
debt, which in 1815, was estimated at one hundred and
fifty-eight millions of dollars, including liabilities then not
fully ascertained, had been much reduced, and tbajl nearly
sixty-seven millions of this had been paid in ffvetyears, be
sides the annual support of government, and larg^ expendi
tures for the army and navy, for fortifications, and for the
public buildings in Washington, The recei|Tts into the trea
sury, for the year 1820, from all stjit^es^i-iisei'e nearly
twenty millions ; and the expenses of government amounted
to seventeen millions. There was, at that period, an ex
tensive trade with foreign - countries, and the importations
were very great, in 1819, notwithstanding the increase of
domestic manufactures. The products of the East and
West Indies imported, were increased with the population.
The duties on most articles were high, and the revenue
therefore much augmented. It was also stated in the
message, that there was then due to the government,
for the sale of public lands, twenty-three millions of dol
lars. At this session of Congress, and act was passed for
reducing the military peace establishment ; by which it
was provided, that there should be seven regiments of
infantry and four regiments of artillery, with officers for
the ordinance and engineering departments. This was
a large reduction of the number of regiments as required
by former laws. The sum to be expended, annually, for
the navy department, was also rednced from one million,
authorized by a law in 1816, to five hundred thousand
dollars.

1821] MONROE, 273

CHAPTER XI.
Mr, Monroe elected President, for a Second Term, Inducted into office March,
1821, His Policy, wise and economical. His devotion to the Public
Welfare, His regard for Constitutional Principles, His faithful , attention
tn the National Finances. In favor of Punctuality and Accountability '"
Pubhc Officers ; and Receivers of the Funds of Government. Negotiations
with England and Spain. DitEculties in Florida. Mexico — South Ameri
can Provinces — ^Recognition of — ^Proposals to send Envoys to them — Not
approved by President, nor by Congress. Prosperous Condition of Public
Treasury — Public Debt annually diminished. Internal Improvements---
Cumberland Road. Internal Taxes and Excise Acts repealed. State of
Missouri Established, Questions of Slavery — Prohibited west of Missouri.
In March, 1821, Mr. Monroe was again inducted into
ofl[ice, as President of the United States, for the term of
four years, the period for which he was first elected having
then expired. His election, at this time, was with far more
unanimity than had been manifested in the choice of a
Chief Magistrate of the Union, after the presidency of
Washington. He had dicovered entire devotion to. the
public interests, business talents and habits, good judgment,
great political moderation and candor, and a strong attach
ment and high regard for constitutional principles. It was
evidently his purpose to administer the affairs of the fed
eral or general government in conformity to the spirit and
intent of the original compact. The powers given to
Congress, or to the President, he was fully disposed to have
exercised for the protection and welfare of the whole
country : at the same time, he was averse from assuming
authority on subjects not clearly within the province of
Congress, and ready to acknowledge State rights to all
reasonable extent, as reserved to them expressly, or by
evident implication of the Constitution.
In his inaugural address, March, 1821, the President re
ferred to this subject in a very concise manner, as he had
fully expressed his views on a former occasion-. "Perfec
tion in our political organization could not have been ex
pected in the outset, either in the national or State govern
ments, or in tracing the line between their respective powers.
But no serious conflict has arisen ; nor any disputes, but
35

274 FEDERAL GOVERNMENT. [1821
such as are managed by argument, and by a fair appeal to
the good sense of the people. And many of the defects,
which experience had clearly demonstrated, in both gov
ernments, have been remedied. By steadily pursuing this
course, in this spirit, there is every reason to believe that
our system will soou attain the highest degree of perfection
of which human institutions are capable; and that the
movement, in all its parts, will exhibit such a degree of
order and harmony, as to command the admiration and re
spect of the civilized world." Referring to the internal
condition of the United States, he observed, " Under the
present depression oi prices, affecting .all the productions
of the country, and every branch of industry, proceeding
from causes noticed on former occasions,* the revenue has
considerably diminished ; the effect of which has been to
compel Congress either to abandon the great measures for
national defence, or to resort to loans, or to internal taxes,
to supply the deficiency. On the presumption that this de
pression and the deficiency in the revenue arising from it,
would be temporary, loans have been authorized for the
demands of the last and present year. Anxious to relieve
the people from every burden, which could be dispensed
with, and the state of the treasury permitting it, in 1817, I
recommended the repeal of the internal taxes; knowing
that such relief was then peculiarly necessary, in conse
quence of the great exertions made during the late war. I
made that recommendation under a pledge, that should the
public exigencies require a recurrence to them, I would
readily perform the duty, which would then be incumbent
on me. By the experiment now making it will be seen by
the next session of Congress, whether the revenue shall
have been so augmented as to be adequate to all these ne
cessary purposes. Should the deficiency still continue, and
especially, should it be probable that it would be permanent,
the course to be pursued appears to me to be obvious. I
am satisfied, that under certain circumstances loans may
be resorted to with great advantage. I am equally well
satisfied, as a general rule, that the demands of each cur
rent year, especially in times of peace, should be provided
for by the revenue of the year. I have never dreaded,
nor have I ever shunned, in any situation in which I have
been placed, making appeals to the virtue and patriotism
* These were foreign commercial regulations, and the great increase of
banlc issues.

1821] MONROE. 275
of my fellOw-citizens ; well knowing that they would never
be made in vain ; especially in times of great emergency,
or for purposes of high national importance. Independent
ly of the exigency of the case, many considerations of great
weight urge a policy having in view a revision of revenue
to meet, to a certain extent, the demands of the nation
without relying altogether on the precarious resource of
foreign commerce. I am satisfied that internal duties
and excises, with corresponding imposts on foreign articles
of the same kind, would, without imposing any serious
burdens on the people, enhance the price of produce, pro
mote manufactures, and augment the revenue, at the same
time that they made it more secure and permanent."
During the session of Congress, which closed on the third
of March, 1821, several subjects were proposed and dis
cussed without receiving the final action and decision of
that body. Had there been no necessity of closing the
session on that day, and had the legislature been continued
some weeks longer, several important measures proposed
would probably have been adopted, A bill for a bankrupt
law was before Congress, at this time, as well as on several
previous occasions ; and was fully discussed. There were
great objections made to it, and there was also a,n effort
made to extend it to other classes of citizens, as welF as to
merchants, and thus to render it in fact an insolvent law.
The bill was adopted in the Senate by a respectable ma
jority ; but its progress was arrested in the House of Rep
resentatives, by laying it on the table, where it was suffered
to remain till it was too late to act upon it ; and its opposers
had the address to let it repose there too long to give it life.
It was also proposed to reduce the compensation of offi
cers of the customs and others ; and to fix the pay at the
rate it was before 1817 ; but nothing decisive was done on
the subject : as in most other similar cases, it was found far
more difficult to lessen the salaries and fees of public offi
cers than to raise them. Renewed efforts were also made
to increase the duties on various imported articles, to en-
coujage domestic manufactures, A member from Vermont,
even proposed to prohibit the importation of woollen and
cotton goods, hats, leather, glass, distilled spirits, lead,
iron, &c. but the proposition was approved by very few;
and yet a large minority were in favor of increasing the
rate of duties on imported goods, for the same object, to
such an extent, that it would probably have operated in a
great measure as a prohibition. The manufacturers were

276 FEDERAL GOVERNMENT, [1821
not satisfied with the increase of impost duties,* before
imposed for their benefit, and pressed strongly for further
aid and encouragement. But though there was a general
opinion favorable to domestic industry and to manufactures,
which induced the majority to acquiesce in the support
already given to this department of national wealth, there
was an unwillingness manifested to afford it any greater
direct favor, to the detriment or hazard of other pursuits,
whether commercial or agricultural.
The proposition was again discussed, at this session, of
forming a political intercourse with the provinces in South
America, which had declared their independence of the
crown of Spain, so far as to send an Eirvoy from the United
States. The ref5olution offered and pressed by several
members of Congress, was for making an appropriation for
an outfit for such an Envoy, and for one year's salary. —
But the resolution was rejected. The following resolution,
however, was soon after proposed for adoption, and passed
with very few dissentients: " Resolved, that the House of
Representatives participates with the people of the United
States, in the deep interest which they feel for the success
of the Spanish provinces of South America, which are
struggling to establish their liberty and independence." —
And a further resolution was also voted by a majority of
twenty-one : " That the House will give its constitutional
support to the President of the United States, whenever he
may deem it expedient to recognize the sovereignty and
independency of any of the said provinces." A committee,
chosen for the purpose, presented these resolutions to the
President, who said, that, in coinmon with the House of
Representatives, he felt a great interest in the success of the
provinces of Spanish America, which were struggling to
establish their freedom and independence; and that he
would take the resolutions into deliberate consideration,
with the most perfect respect for the distinguished body
from which they emanated.
In the course of this session of the national legislature,
a proposition wa« made by Mr. Lowndes, of South Carohna,
against receiving, as payment of dues to the federal govern
ment, the bihs of any State banks, which issued those of
a less denomination than five dollars ; but the motion did not
receive the support of the majority. It was also proposed
* Some manufacturers of cottbn goods, in Massachusetts, declined to join in
an application for any higher duty on , imported goods of that kind. They be
lieved the effect would be to induce an undue portion of the citizens to engage
in the roauBfacture, which would prove injurious to the business.

1821] MONROE. 277
to establish a national system of education by funds accru
ing from the sale of the public lauds; but this proposition
was also rejected. Several attempts were also made, at
this and a former Session, to pass a bill for preventing im
prisonment for debts due the United States, or on any pro
cess from the federal courts in behalf of the government.
But it was not adopted at that time, on account of the pres
sure of other business before Congress, Several members
appeared desirous of a retrenchment of the public expen
ditures; but no system was matured for that purpose,
A warm debate arose in the Senate, at this time, on a
motion to declare the sedition law of 1799 unconstitutional ;
and to pay back the fines imposed by the federal courts for
violations of the law, A resolution was offered by a Sen
ator from Virginia, Mr, Barbour, to that effect ; and strongly
urged, but it failed to receive the sanction of the majority.
It was opposed with great eloquence by a Senator from
Massachusetts, Mr, Otis ; and many who did not approve
of the law when it was passed, judged it improper again to
agitate the subject, as the act had already expired. Of
forty-three members then present in the Senate, twenty-four
voted against the resolution.
The subject of the African slave trade was under con
sideration, at this period, by the British ministry and
the administration of the United States ; in which there
was a happy agreement of opinion and promise of action,
to put an end, if possible, to this inhuman- traffic. Both
governments appeared sincerely desirous of preventing, in
allpracticable ways, the continuance of a trade So unjust
and cruel. It was then fully ascertained, that the business
was extensively pursued; and that great numbers of Afri
cans were transported in chains to South America, and to
some of the West India islands. The House of Represen
tatives expressed their opinion on the subject, in a resolution,
"requesting the President to enter into such arrangements
as he might deem proper, with any of the maritime powers
of Europe, for the effectual abolition of the African slave
trade," The slave trade was early prohibited, by several of the
British colonies, afterwards composing part of the United
States; and the federal compact, adopted in 1788, gave
Congress no authority to permit that disgraceful traffic after
the year 1808, To the United States, therefore, justly be
longs the me'rit of the adoption of measures, as early as
any nation, to prevent the continuance of a practice which
is as inglorious as it is unnatural and cruel. The existence

278 FEDERAL GOVERNMENT. [1821
of slavery, in places where it has been long found, may be
tolerated, even by the philanthropist, from considerations of
conventional agreement, or of the evils of an immediate
abolition ; but no apology can be offered by the friends of
justice and humanity, for engaging or continuing in the
slave trade. Yet with all the efforts of christian govern
ments to prevent it, so strong is the thirst of gold in individ
uals, that it has not been wholly suppressed, A few citi
zens of the United Slater, where so great stress is justly
laid on freedom and the rights of man, were then and have
been, at a later period, concerned in this utterly indefensible
practice. In his message to the seventeenth Congress, December,
1821, the President recommended particular attention to the
state of commerce with foreigii nations. He expressed a
belief, that further regulations were necessary, to secure to
the United States all the advantages which the extensive
navigation and trade of the country demanded, and which
it seemed entitled to realize from a just spirit of reciprocity
in other governments. Several European nations imposed
restrictions on American commerce and navigation, and
the federal government had adopted countervailing regula
tions, in some cases, in self-defence. But the friends of
free trade and of liberal principles, considered such a state
of things as unpleasant as it was unprofitable.
On this subject, the message of the President held the
following language : " By an act of March, 1815, so much
of the several acts of Congress as imposed higher duties on
the tonnage of foreign vessels, and on the manufactures ahd
productions of foreign nations,- when imported into the
United States, were repealed, so far as respected the man
ufactures and productions of the nation to which such ves
sel belonged, on the condition, that the repeal should take
effect only in favor of any foreign nation, when the execu
tive should be satisfied that such discriminating duties, to
the disadvantage of the United States, had likewise been
repealed by such nation." By this act, a proposition was
made to all nations, to place our commerce with each, on
a basis which it was presumed would be acceptable to all.
Every nation was allowed to bring its manufactures and
products into our ports, and to take the manufactures and
productions of the United States to their ports in their pwn
vessels, on the same conditions that they might be trans
ported in vessels of the United States, And, in return, it
was required that a like accommodation should be granted
to vessels of the United States in the ports of other countries.

1821] MONROE, 279
The articles to be admitted, or prohibited, on either side,
formed no part of the proposed arrangement. Each party
would retain the right to admit or prohibit such articles
from the other, as it thought proper, and on its own con
ditions. When the nature of the commerce between the
United States and other countries -was taken into view, it
was believed that this proposition would be considered fair,
and even liberal, by every other power. The exports of
the United Slates consist, generally, of articles of the fiTst
necessity and of rude materials in demand for foreign manu
factories of great bulk, requiring for their transportation
many vessels, the return for which, in the manufactures
and productions of any foreign country, even when disposed
of there to advantage, may be brought in a single vessel, —
This observation is more especially applicable to those
countries from which manufactures alone are imported ;
but it applies, in a greater extent, to the European domin
ions of every European power ; and in a certain extent to
all in the colonies of those, powers. By placing, then, the
navigation precisely on the same ground, in the transpor
tation of exports and imports, between the United States
and other countries, it was presumed, that all was offered
which could be desired. Many considerations gave us a
right to expect that this commerce should be extended to
the colonies as well as to the European dorninions, of other
powers. With the latter, especially with countries exclu
sively manufacturing, the advantage was manifestly on
their side. An indemnity for that loss was expected from a
trade with thei colonies ; and, with the greater reason, as it
was known, that the supplies which the colonies derived
from us were of the highest importance to them ; their labor
being bestowed with so much greater profit in the culture
of other articles ; and because the, . articles of which those
supplies consisted, forming so large a proportion of the ex
ports of the United States, were never admitted into any
of the ports of Europe, except in cases of great emergency,
to avert, a serious calamity. When no article is admitted,
which is not required to supply the wants of the party ad
mitting it ; and admitted then, not in favor of any particular
country, to the disadvantage of others, but on conditions
equally applicable to all, it seems just that the articles thus
admitted and invited, should be carried thither in the ves^
sels of the country affording such supply ; and that the
reciprocity should be found in a corresponding accommoda
tion on the other side. By allowing each party to partici
pate in the transportation of such supplies, on the payment

280 FEDERAL GOVERNMENT, [1821
of equal tonnage, a strong proof was afforded of an ac
commodating spirit. To abandon to it the transportation
of the whole, would be a sacrifice which ought not to be
expected. The demand, in the present instance, would be
the more unreasonable, in consideration of the inequality
existing in the trade with the parent country,
" Such wa.s the basis of our system, as established by the
act of 1815, and such was its true character. In the year
in which this act was passed, a treaty was made with
Great Britain, in strict conformity with its principles, in
regard to her European dominions. To her colonies, how
ever, in the West Indies and on this continent, it was not
extended ; the British government claiming the exclusive
supply of those colonies, and even from our own ports, and
the productions of the colonies in return, in her own vessels.
To this claim, the United States could not assent; and, in
consequence, each party suspended the intercourse in the
vessels of the other, by a prohibition, which still exists,
" The same conditions were offered to France, but were
not accepted. Her government has demaiided other con
ditions, more favorable to hei; navigation, and which should
also give extraordinary encouragement to her manufactures
and productions in the ports of the United States, To
these it was thought improper to accede ; and, in conse
quence, the restrictive regulations, which had been adopted
on her part, being countervailed on the part of the United
States, the direct commerce between the two countries, in
the vessels of each party, has been in a great measure sus
pended. It is much to be regretted, that, although a nego
tiation has been long pending, such is the diversity of views
entertained on the various points, which have been brought
into discussion, that there does not appear to be any reas
onable prospect of its early conclusion."
This correct though concise statement of the embarrass
ments attending the cominerce and navigation of the United
States, and of the evils consequent to a departure from the
principles oi free trade, and of a fair reciprocity in com
mercial intercourse, indicated alike the fidelity of the Pres
ident in the discharge of his high duties to the nation, and
his comprehensive views on the subject referred to, A
monopolizing spirit was evident in the commercial regula
tions of most European powers ; and it was necessary for
the government of the United States to adopt restrictive
measures of a countervailing character. At the same time
a desire was manifested; both by the executive and by Con
gress, to maintain an intercourse, for trade and navigation.

1821] MONROE, 281
on less restrictive and more liberal principles. An act was
passed, early in 1822, in addition to the navigation act of
April, 1818, authorizing the President, on evidence that the
ports in the islands and colonies of Great Britain, in the
West Indies, were opened to the vessels of the United States,
to proclaim that the ports of the United States thereafter,
would be open to the vessels of Great Britain employed in
the trade between the United States and such islands and
colonies, which had then been closed to them for several
years, as a means of countervailing British restrictive meas
ures—subject, however, to such reciprocal rules and restric
tions as the executive of the United States might ordain
and publish. It was also provided, by the same act of
Congress, that if a convention should be concluded with
France, relating to navigation and commerce between that
country and the United States, the President should have
power to proclaim a suspension, till the following session of
Congress, of the operation of a former act imposing new
tonnage duties on French vessels ; which had been ordered
subsequently to the monopolizing regulations of that gov
ernment. The countervailing measures adopted in 1820,
by the federal government, with respect to France, induced
the latter to conclude a commercial treaty, in October, 1822,
after a long period of delay and evasion of the subject ; and
by this convention an entire equality of duties was estab
lished, and principles of just reciprocity were recognized.
In 1821, Congress provided for occupying and governing
Florida, and gave the President authority for that purpose,
to be executed according to his direction. He appointed
General Andrew Jackson governor, with discretionary
powers, over the whole territory ; two judges, one in the
eastern section, and one in the western ; with other neces
sary subordinate officers. Difficulties of a serious nature
early occurred, which gave the President much concern,^
and which he noticed in his public message to Congress at
this time. The Spanish officers, when they surrendered
the forts and places which they had occupied, refused to
give up, to the officer of the United States, " the archives
and documents relating to the property and sovereignty of
the province," which was the occasion of much perplexity
and controversy afterwards, as to titles of lands, and to the
usages and customs of 4he inhabitants, which the treaty
of cession required the United States to maintain and Ob
serve. An unhappy dispute also arose between the Gov
ernor and one of the Judges of the territory, as to their
peculiar and respective authority. The Governor claimed
36

282 FEDERAL GOVERNMENT, [1821
to exercise supreme and controlling power in all cases.
He had been accustomed to military command, and adopt
ed the principle, applicable only in an army, of governing
all other officers at his ,own will and discretion. But he
was now acting in a civil capacity, and^ he had no right to
interfere with the conduct or decisions of the Judiciary.
His treatment of one of the Judges was deemed highly
reprehensible ; but the President excused it, from the con
sideration of the difficulties attending the due government
of the territory, where the laws of the United States were
to have effect, in some measure, while Spanish customs
and regulations were also to be observed. The conduct of
the Governor was deemed arbitrary, and of dangerous ten
dency ; but his motives were believed by the President to
be honorable and patriotic. The Governor ordered an ex-
Spanish officer to be arrested for alleged contumely ; and
the Judge granted a writ of habeas corpus, on an applica
tion from the officer, which gave offence to the Governor,
who considered it an improper interference wifh his orders,
if not in direct derogation and opposition to his authority.
The case of the Spanish officer was then pending before
the Governor; and he had some reason, perhaps, to com
plain of the conduct of the Judge ; who did indeed hesitate
as to the course his duty and office required of him. Gen
eral Jackson soon after resigned his commission as Governor
of Florida; when he publicly declared that he had been
clothed with greater power by the President, than any in
dividual ought to have in a republic. The authority given
hun seems to have been as unlimited as that vested in the
Governor General of the provinces of Canada, by the
British government, at a more recent period.
President Monroe gave great attention to the fiscal con
cerns of the United States. When he entered on the office
of chief magistrate of the Union, in 1817, the national debt
-vyas very large ; the war just before terminated, had greatly
augmented it. And there were numerous defalcations by
public agents, during that period, who had the funds of the
nation in their hands. He early recommended a reform in
this respect, and proposed that the receivers of public monies
should statedly and frequently be required to settle their
accounts. He also urged economy in the public disburse
ments, where appropriations were made by Congress for
necessary works. Much was saved to the government,
by his prudent and faithful administration. And he was
careful always to inform the Representatives of the people
what was the state of the public treasury, what the amount

1821] MONROE, 283
of revenue on the one hand, and of expenditures on the
other. At this time, he stated, that the loan of five mil
lions, previously authorized by Congress, had been effect
ed. The increase of the public debt in 1821, however,
was over a million of dollars, with all the care bestowed
on the subject ; and this was owing in part lo the purchase
of Florida. The receipts into the public treasury amounted
to twenty-one millions, and the expenditures to upwards
of nineteen millions : but appropriations for public works,
to the amount of more than a million, had not been ex
pended. The whole public debt, at that period, was esti
mated at one hundred and five millions. In 1822 and
1823, the receipts increased, and the expenditures were
curtailed ; the latter was justly attributed to the faithful
admonitions of the President, and the attention and ability
of the Secretary of the Treasury, Mr, Crawford.
The President, on this occasion, again referred to the
subject of domestic manufactures, and expressed an opinion
in favor of continuing the protection of government to that
branch of national industry. The effect of their great ex
tension, he said, might perh-aps be a diminution of the rev
enue arising from imports ; but at the rate of duties then
existing, this evil would not be severely felt, as there were
other sources of revenue. And he therefore suggested the
policy of " a moderate additional duty on some articles."
The high duties afterwards, in 1828, imposed* by Congress,
for the benefit of manufacturers, he would probably never
have sanctioned. For though a friend to manufactures,
he was in favor of agriculture, as the most essential foun
dation of general prosperity, and therefore to be protected
from any measures or policy which would depress it. Mr.
Monroe was not a rash politician, nor fond of experiments,
and the tariff of 1828 would hardly have been adopted un
der his administration.
The acts of Congress at this session were not of special
or extensive infiuence ; but various laws were proposed,
which exhibit the views and opinions of a portion of the
national legislature on subjects of a public nature. The
most important general laws were for a new apportionment
of federal representatives for the several States, according
to the census taken the preceding year. This subject oc
cupied the attention of Congress several days, at different
periods of the session ; and various propositions were offered,
as to the ratio, according to which the members were to be
chosen. The number adopted was forty thousand, after
several -attempts were made, to have both a less and a

284 FEDERAL GOVERNMENT, [1821
greater number as the ratio. The members from each
State were anxious to have the ratio so settled, as that the
State to which they belonged might have as small a frac
tion in excess as possible. The Constitution provided,
" that the number of Representatives should not exceed
one for every thirty thousand ; " and this was the only
limitation it required. Such was the ratio for several
years; but the population of the country had greatly in
creased, and there was a general desire to prevent a very
large House of Representatives.
A territorial government was established in Florida, and
an act was passed for the preservation of timber belonging
to the United States in that territory. Provision was made
for receiving subscriptions to a loan of twenty-six millions
of dollars, at five per cent., in exchange for stock then
bearing an interest at six and seven per cent. An act was
also passed, at this session, providing that no treasury
notes should be received in payment, on account of the
United States, or paid or funded, except at the national
treasury : And an act for extending the time of payments
due from purchasers of public lands in the west and north
west parts of the Union, The compensation to collectors
and other officers of the customs was regulated anew, and
changes made in the collection districts, for the purpose of
rendering their several incomes more equal, with reference
to the service* they had to perform.
The subject of a general bankrupt law was again de
bated, and occupied much of the time of this Congress,
A large minority ,in the House of Representatives was
urgent in its favor, but the objections were numerous, and
several different bills were offered ; but they were rejected,
and the original bill wag voted down, by ninety-nine to
seventy-two votes. It was not a party vote, but the Rep
resentatives from commercial States generally supported
the bill, and those from the interior of the country opposed
it. The arguments offered were similar to those presented
several years before, when this subject was before Con
gress. A proposition was made, and pressed by some members,
particularly from Vermont and Pennsylvania, to raise the
duties on imported cotton and woollen goods, for the pur
pose of further encouragement to domestic manufactures ;
but the committee, to which the subject was referred, re
ported that any additional legislation was not expedient.
The subject excited peculiar attention and interest at that
time, through all parts of the United States. The manu-

1821] MONROE. 285
facturers urged their claims to protection, with great zeal
and pertinacity ; and stated the advantages to arise, in a
national view, from the extension of manufactures within
the United States ; especially as to cotton and woollen cloths,
which were then largely imported into the country ; and
tended, as they represented, to impoverish, or greatly retard
the prosperity of the nation. Members of Congress from
the southern, and from some of the eastern States, at that
time were opposed to an increase of the tariff" of duties on
imported goods merely to benefit the manufacturers in the
United States ; in the belief that the protection previously
afibrded was sufficient ; and that a higher rate of duties
would operate unequally on different classes and portions
of the community.
A call was made, during this session of Congress, on the
President by the House of Representatives, after some ob
jections and delay, for the instructions given to General
Andrew Jackson, as governor of Florida, appointed two
years before, and for the correspondence between him and
the Secretary of State of the- United States, relating to his
conduct, while in command in that territory. The Presi
dent readily communicated the papers requested, frankly
stating, that he wished not to withhold any information on.
the subject.* It was objected to the call for these papers,
that it was a case belonging exclusively to the executive ;
but it was urged, in reply , that, as the common reports were,
the conduct of Governor Jackson had been very arbitrary and
unjustifiable ; that the President had no right to give him the
power which he had exercised ; and that the honor of the
government required an expression of censure or disapproba
tion, if the Governor's conduct should appear to be such as
had been represented. Several members were opposed to a
pubhc and formal censure, (though none fully justified all
his proceedings,) on the ground that he had unlirhited
power given him by the President; while others contended,
that this consideration afforded no just excuse for some
parts of his conduct, which was unreasonably arbitrary and
oppressive. The President disavowed some of his acts,
and ordered the release of individuals, whom General
Jackson had confined, and the restoration of private papers
which he had retained. General Jackson had resigned his
* " Deeming it more consistent with the principles of our government," he
observed, " in cases submitted to my discretion, as in the present instance, to
hazard error by the freedom of the communication, rather than by withholding
any portion of information, I have thought proper to communicate every doc
ument comprised within the call,"

286 FEDERAL GOVERNMENT. [1822
ofiice as Governor of Florida before this subject was
agitated in Congress, which was one reason, with the ma
jority, for not adopting any report or resolution relative to
his official conduct.
In accordance with the recommendation of the President,
a resolution was offered in the House of Representatives,
January, 1822, for recognizing the independence of Mexico,
and five provinces in South America, formerly under the
authority of Spain, which had then recently declared them-
, selves to be independent Republics, and were exercising
the powers of self-government. The whole Cabinet agreed
with the President in favor of the measure ; and the reso
lution was adopted in the House of Representatives with
only one dissenting vote. The sum of one hundred
thousand dollars was placed at the disposal of the President,
to defray the expenses of Envoys to those Republics when
he should consider it proper to commission them. Soon after
this expression of opinion by the representatives of the
people in favor of acknowledging the independence of Mex
ico, and of several provinces in South America, the Presi
dent appointed Envoys to most of them ; by which the
readiness of the federal government was manifested, to be
on friendly terms with those new republics, and to make
arrangements for commercial intercourse. In other cases,
and with reference to old established governments, the
President would have been justified in the appointment of
public agents, without the previous assent of Congress ; the
attributes of the supreme executive being supposed to in
clude such authority. But in the present instance, at once
novel and delicate, it was important to have the deliberate
opinion of the other branch of government, in support of
such a measure. Mr. Monroe was not disposed, as some
of his successors have been, to assume any doubtful powers,
or to act in an arbitrary manner on his own responsibility,
where the Constitution did not clearly authorize it.
A proposition was made in the Senate, at this session, by
a member from Kentucky, Mr. Johnson, for an additional
article to the Constitution, giving to the Senate appellate
jurisdiction in cases and questions decided by the Supreme
Court relating to State sovereignties ; particularly in dis
putes about boundaries between separate States, It was
opposed by Mr, Otis, one of the senators of Massachusetts ;
and very few members of the Senate appeared in favor of
the proposition. The principal objection was, that it would
be giving judicial powers to a branch of the legislature. If
such disputes could not be settled by mutual reference, it

1822] MONROE. 28/
was believed that the proper tribunal to decide was the
Supreme Court of the United States. Such a course was
evidently mosl agreeable to the character and spirit of the
Constitution, A bill was passed by Congress, again at this time,
making an appropriation for continuing and completing the
Cumberland road ; but the President gave it his negative,
and stated his reasons for not approving it, which related
chiefly to the want of an express or strongly implied power
in the Constitution, to expend the public funds for such an
object. The objection of the President to such an appro
priation, was no doubt founded in bis honest convictions.
He was opposed to the enlarged construction of the Con
stitution, contended for by those in favor of internal im
provements, and who believed in the controlling authority
of the federal government iri cases even where power was
not expressly delegated. The President was more in favor
of Stale rights, or State sovereignties, in cases where au
thority was not clearly granted to Congress ; and held
to the more strict construction of the federal compact, in
its grants of powers to the general government. The ma
jority of Congress, at that period, was not sufficiently large
to pass the bill, after the President withheld his assent.
The message of the President to Congress, at the opening
of the session, December, 1822, was looked for with more
than ordinary interest. The public communications of Mr.
Monroe were written in a plain and simple style, and with
much explicitness ; entirely free from the equivocal lan
guage too often used in similar papers, in old governments,*
and sometimes in America. It was stated in the message,
that the existing laws of Congress regulating the internal
concerns of the United States, would acquire comparatively
little attention or alteration ; and that they were fitted gen
erally to secure the welfare arid prosperity of the nation.
The fiscal affairs of the government were fully explained,
for the consideration of Congress, that such farther enact
ments might be adopted, as should appear necessary for the
support of public credit, the payment of the national debt,
and the prompt settlement of accounts by the agents of the
government. The public finances were in a more prosper
ous state than had been calculated at the beginning of the
year. The amount of duties for the year 1822, was nearly
* When the treaty for the cession of Louisiana by France to the United
States was drawn up. Napoleon is reported to have said to his minister, who
prepared it, " If it is not obscure and equivocal, talte care to malie it so."

288 FEDERAL GOVERNMENT, [1822
twenty-three millions of dollars ; and the receipts into the
treasury such, as to leave a balance of three millions, after
defraying the usual expenses of the government, and the re
demption of the stock of 1820, to the amount of two millions.*
The unsettled accounts, in 1817, as stated by the President,
were upwards of one hundred millions of dollars. Ih Sep
tember, 1822, ninety^three millions of this amount had been
settled. And it was owing to the pressing admonitions and
the faithful attention of the President, that the accounts of
the public officers were so generally adjusted. There were,
however, still unsettled accounts exceeding nine millions.
During the period, from 1817 to 1822, in about five years,
one hundred and fifty-seven ipillions had been paid for the
support of government, for fortifications, army, navy, (fcc.
including a large amount of the national debt, which had
been discharged. From 1817, including the former sum
deficient or unsettled at that time, the accounts remaining
to be settled at the close of 1821, exceeded nineteen mil
lions. In a government so extensive and with such a pop
ulation, as the United States in 1822, it could not be
avoided, that many and large amounts would be unsettled
for one or two years. But it is a great detriment and a
great evil in a republic. Mr Monroe was fully sensible of
the evil, and endeavored to remove, or prevent it in future.
But eitlier from the difficulty attending the fiscal concerns
of so extensive a country, and such numerous appropria
tions for public purposes, or the want of care and fidelity
in the higher functionaries of the federal government, the
evil has greatly increased since his administration. -f
The subject of manufactures was again mentioned by
the President, in his message to Congress at* this time.
And he expressed the opinion, that, although this branch
of domestic industry and enterprise was in a prosperous
state, " a further augmentation of diities on some foreign
* According to a report of the Secretary of the Treasury, the imports for
1821, amounted to- sixty-two and a half millions of dollars ; and the exports to
sixty-five millions. The imports in American vessels fifty-eight millions ; of
the exports, forty-eight millions were of the growth or manufacture of the
United States.
t An act was passed, January, 1S23, against, making advances of public
money, in case of contracts, &c. and prohibiting payment exceeding the value
of service actually performed, or of articles delivered for the government ;
except in particular cases, the President should give particular orders, for an
advance of funds. The same act required all agents and officers of the gov
ernment who received public monies, to render an account quarter yearly ;
and made it the duty of a higher officer who appointed them, to remove any
one who was delinquent in this respect.

1822] MONROE. 289
articles, might be made, which would operate in its favor,
without affecting injuriously any other interests, or other
department of business."
On this occasion, the President also referred, in strong
language, and evidently with the most generous feelings, to
the situation of Greece, cruelly oppressed at that time, and
for a long period before, by the Turkish government. He
was too prudent and cautious to recommend any inter
ference with the affairs of so distant a country ; but he said,
" a strong hope was entertained, that the people of Greece
would recover their independence, and resume their equal
and just station among the nations of the earth." To this
sentiment, so creditable to the Chief Magistrate of a free
government, the representatives of the people, and the peo
ple themselves, in the United States, very cordially re
sponded. The following passage in the President's message, re
flected great lustre on his character as a patriot, a friend
to republican governments, and an intelligent statesmen,
who perceived the vast importance to the future destiny
and happiness of mankind, of success in our civil institu
tions, and of principle, virtue, and fidelity in public officers.
" The United States owe to the world a great example,
and, by means thereof, to the cause oi liberty and hu
manity, a generous support. We have thus far succeeded
to the satisfaction of the virtuous and enlightened of every
country. There is no reason to' doubt, that the whole
movement of the people and government will be regulated
by a sacred regard to" principle ; all our institutions being
founded on that basis. The ability to support our own
cause, under any trial, is the great point on which the
public solicitude rests. It has been often charged against
free governments, that they have neither the foresight nor
the virtue to provide, a-t the proper .season, for great emer
gencies; that their course is improvident and expensive. —
But I have a strong 'confidence, that this charge, so far as
relates to the United States, will be found utterly destitute
of truth." Strictly speaking, this may not be considered
as a real prediction ; but it was a declaration full of salu
tary admonition to the people of the United States. Mr.
Monroe had far more practical wisdom, as a statesman,
and the ruler of a free people, than some of his predeces
sors, whose reputation far exceeded his, as philosophical
politicians. The Constitution was his guide; and if he
erred, through scruples of legitimate authority, in not fa
voring works of internal improvements, it was under the
37

290 FEDERAL GOVERNMENT. [1822
influence of truly republican principles. He did not com
plain that the arm of the executive was not made stronger
by the Constitution ; nor assume power where it was not
plainly delegated.
Several subjects, of great interest, were presented to the
consideration of Congress during this session. A bill was
introduced in the Senate, by a member (Mr. Johnson) from
Kentucky, for abolishing imprisonment for debts due to the
United States, He urged its adoption, and many other
members of Congress declared themselves in favor of the
measure : but it was not passed at that time. He advo
cated it for several successive sessions, and it became a law
in 1828,
The subject of the slave trade, recommended to the
attention of Congress by the President, was taken up
promptly, and great zeal manifested by most members to
adopt measures, in concert with England and some other
European powers, for the entire suppression of that iniqui
tous traffic. Members from Maryland and Virginia, were
as decided in favor of suppressing the trade, as those from
the New England States.* And the President was fully
authorized to enter into any engagements, consistent with
the legitimate powers of th^ government, for the accom
plishment of so desirable an object. The greatest, if not
the only difficulty, of agreeing to the terms proposed by
England, for this purpose, was that of allowing a right to
search vessels of the United States for slaves, by British
naval commanders. For it was supposed, that a consent
to this practice would lead to many injuries on American
ships ; under a pretence that slaves were on board, all
-Would be liable to be searched and detained, greatly to the
detriment of the owners. It was contehded, that this right
must be ceded, with such restrictions as would prevent, in
most cases, the detention of any vessels not engaged in the
traffic! Numerous acts of piracy, had beeiv then recently com
mitted on vessels of the United States in the Gulf of
* A member from Virginia, (Mr. Mercer,) offered a resolution requesting
the President to enter upon and prosecute such negotiations, on the subject,
with any European powers, as he might deem expedient, for the eifectual abo
lition of the slave trade. Mr. Wright,, a Senator from Maryland, was active
and zealous in his effijrts for preventing the traffic. The resolution was
adopted in the House of Representatives by a vote of 131 to 9.
t The ministers of the United States, at European Courts, were instructed to
propose, that the slave trade be considered piracy, and those concerned in it
punished accordingly.

1822] MONROE, 291
Mexico, and in the West Indies, The President referred
to the subject in his annual message to Congress ; and a
law was passed authorizing him to employ such a number
of vessels, as he might consider proper, to suppress these
piratical depredations, A large sum was placed at his dis
posal, for preparing a naval force to protect the commerce
of the United States in those seas,*
The question of an additional act laying higher duties on
some imported articles, particularly woollen goods, was
again agitated at this session, and on several days with
uncommon zeal and warmth. The President had intimated
in his annual message, that the duty might be increased
with a view to the encouragement of the woollen manufac
tures in the United States, The friends of domestic manu
factures seized on this suggestion of the President to favor
their wishes. And it was proposed by a committee on the
subject, to add to the dutj' already imposed, five per cent.
The bill offered would have operated as a prohibition on
low priced woollens, which was avowed by a few members.
But the duty was not augmented at that session ; the mem
bers from the south being totally and warmly opposed ; and
some from the eastern States considered it improper to en
courage the manufacture, by laying a higher duty on the
imported articles than was then required.
The committee on naval affairs reported, in favor of an
equal support for the navy, as had been previously afforded ;
and in some respects, of an increase of that branch of na
tional defence. It was proposed to have one rear admiral,
five commodores, twenty-five captains, thirty master com
mandants, one hundred and ninety lieutenants, four hundred
midshipmen, seventy-five surgeons and surgeons' mates;
making in the whole, adding gunners, carpenters, sail-
makers, <fcc,, 3,500, exclusive of common sailors. The
subject was under debate on several different days ; but
different opinions were entertained, and nothing was matured
at that time.
The subject of internal improvements was before Congress
at this session, in various forms. It was proposed to cause
* Mr, Gorham, of Massachusetts, was Chairman of the Committee, in the
House of Representatives, on this subject; and the bill was ably supported
by him. It was a select committee. Early in 1823, twelve vessels, one of
them a sloop of war, one a large store ship, and the others armed schooners,
sailed from Norfolk, for the West Indies and the Gulf of Mexico, for the pro
tection of the United States commerce agamst pirates.

292 FEDERAL GOVERNMENT. [1822
surveys for the purpose of constructing canals at Sandwich,
across Cape Cod — in New Jersey, from the river Raritan to
the Delaware — from the Delaware to the Chesapeake bay —
from the Chesapeake to Albermarle sound — from lake Erie
to the river Ohio. But no order was taken even for surveys.
Many of the members of Congress believed the Constitution
had given no such power to the national government : and
a variety of opinions prevailed, as to the places proper to
be surveyed for this purpose. A warm discussion also arose
on the motion to appropriate money for the repairs of the
Cumberland road, deemed an important national work. —
Large sums bad been expended on that road ; but it was
then in such a state, as to be impassable in most parts. The
President had intimated a willingness to favor a bill for re
pairing the road, though opposed to extending it, and doubt
ing the -propriety of the original grants to open it. The
session closed without any definite action on the question.
A convention of navigation and commerce was made and
concluded between the United States and France, in 1822 ;*
which was ratified by the President and Senate, and a law
passed by both Houses of Congress to carry its provisions
into effect. Efforts had been made for a long time, by the
government of the United States, to form a commercial
treaty with France ; but the French court had manifested
great reluctance to enter into a convention for the purpose.
The trade of that nation did not suffer from a want of such
a treaty ; but the United States lost many advantages by
the omission. In 1820, the American Envoy near the court
of France, wrote to the President, " that negotiations had
become fruidess." An additional tonnage duty was laid
on French vessels, arriving in the ports of the United States,
in 1821 ; in consequence of the regulations of France un
favorable to the navigation and commerce of the United
States : and this probably led the French ministers to form
the convention of 1822, It was to continue only for two
years from October of that year, however, provided either
party should desire to annul it. But neither government
did give any notice of such desire ; and the convention re-
niained in force, and the trade was pursued between the
citizens and subjects of each nation, on terms of just reci
procity. * This treaty was prepared by Mr, Adams, Secretary of State of the United
States, and the Baron Hyde de Neuville, minister plenipotentiary of the King
of France,

1822] "MONROE. 293
After the peace of 1815, the commerce and navigation of
the United States did not reap all the advantages from that
event, which might justly be hoped. A restrictive and mo
nopolizing policy was adopted both in France and Great
Britain ; and these countries derived great benefits from the
trade to the United States, while reciprocal advantages were
not realized by the merchants of the latter. It was a con- •
slant object, for some years, particularly in 1820 — 1822,
with enlightened politicians in the United Slates, who were
favorable to commerce, to devise measuries for removing the
embarrassments produced by the policy of European pow
ers ; or to make regulations respecting the navigation and
trade of foreigners to American ports, which should prove
to be countervaihng, in some degree, of the restrictive sys
tem of those governments. The principal measures adopted
by Congress, with this view, were proposed or advocated
by Mr, King, a senator from the State of New York ; than
whom, no one in Congress was more active in favor of com
merce, or had more correct and enlarged views on the sub
ject. In his annual address to Congress, December, 1823, Pres
ident Monroe gave a faithful representation of the general
condition and affairs of the United States : and, in most
respects, it was highly satisfactory ; showing the prosperous
and advancing state of the country ; its cominesrce extending,
its natural resources developing, its finances increasing, its
manufactures fiourishing, and its population vastly enlarged.
He invoked the attention of Congress to the great (iuty of
legislating for the various concerns of the nation, on the
right direction and regulation of which, by the federal gov
ernment, depended the future welfare, progress, and glory of
the republic.
, The various measures, which Congress had previously
directed or authorized the President to adopt, it appeared
had been faithfully executed, or were in due progress of
accomplishment, by means promptly used to give them ef
fect. With Great Britain, negotiation had been renewed,
for settling the boundaries between the United States and
the adjoining British provinces ;* and for regulating com
mercial intercourse with these and other colonial possessions
of England, which had long been in an unsettled state,
tending to create unfriendly coUisions ; — with France, for
* It was observed by the President, " that from the great difficulty and ap
parent impracticability of performing the service, he had proposed to the Biitish
government, to establish the boundary by amicable negotiation."

294 FEDERAL GOVERNMENT. [1823
adjusting the claims as to indemnity for losses sustained by
citizens of the United States, owing to unjust seizures and
confiscations of their properly, in the late war in Europe ; —
with Russia and with Spain also, relating to disputes of
long existence ; those with the former referring to the terri
tory on the northwest coasts of America ; and those with
the latter, to the subject of privateers, (but another name
for pirates,) then vasdy multiplied, and sailing under pre
tended Spanish authority, to the great interruption and in
jury of American commerce in the West India latitudes.
The public revenue for the year past had so much in
creased, that the President supposed, with proper economy
in the expenditures of government and fidelity in the col
lecting and receiving officers, the national debt might be
extinguished in twelve years. The statement made by him
of the national resources and of commercial enterprize,
warranted the opinion he advanced on this subject ; though
the pensions for revolutionary services had added over a
million of dollars to the demands on the treasury of the
United Stales, The condition of the national army, though
small, was represented as much improved in its organization
and discipline ; and as subject to a system of economy and
accountability, which admitted of little further improvement.
The military academy, the board of engineers and the to
pographical corps, had fulfilled the highest expectations of
the government, and were considered of great public utility.
And the militia of the United States, generally, was in a
respectable condition ; but the attention of Congress was
required, to render the system still more efficient and perfect.
The importance of this subject was strongly urged by the
President, on the consideration of the federal legislature at
this time. Speaking of the services of the navy in protect
ing the navigation of the United States, both in American
and European seas, where it had been employed, the Pres
ident said, " it was a source of great satisfaction, that we
could, on all occasions, recur to the conduct of our navy
with pride and commendation. As a means of national
defence, it enjoys the public confidence, and is steadily as
suming additional importance, " For several years the naval
force of the United Slates had been increased ; not indeed,
so rapidly as in the time of the war with Great Britain ;
but sufficiently for all the purposes of protection to the
commerce and navigation of the country, against piratical
vessels, which were then numerous in the West Indies and
the Gulf of Mexico,
President Monroe must have been strongly impressed in

1823] MONROE. 295
favor of domestic manufactures, for the prosperity of the
nation, as he again recommended to Congress to afford them
protection by law, in a new regulation of the tariff on im
ported goods similar to those then made in the United
Stales. He had previously, on more than one occasion,
called the attention of the federal legislature to this subject ;
and had expressed an opinion in favor of extending the aid
of government to this branch of industry and enterprise.
And he now said, " That the views which he had before
expressed remained unchanged ; and that additional pro
tection might jusdy be afforded to those articles which the
citizens were prepared to manufacture, and which Avere
more immediately connected with the defence ahd inde
pendence of the country."
A portion of the national legislature, in favor of encour
aging domestic manufactures, -was opposed to any farther
protection ; and this opposition was made principally by
members from the southern Slates, where no manufactures
existed ; and who believed that additional duties on im
ports, merely for the benefit of the manufacturers, would
operate unequally in different parts of the United Stales. A
spirit of jealousy prevailed towards the northern and eastern
States, which had prospered beyond those of the south by
commercial enterprise; and which were now to be chiefiy
benefited by aid and protection to manufacturing estab
lishments in that section of the Union, The opinion of the
President, a citizen of Virginia, where manufactures were
not much attended lo, must have been impartial and dis
interested on this subject, and may justly be considered as
the result of comprehensive and patriotic views.
This reiterated suggestion of the President, was the occa
sion of an additional law of Congress on the subject, in
May, 1824, by which the tariff was revised and altered;
and higher duties imposed on several articles of import ;
chiefiy of the description of those then manufactured in
the United Slates, On several articles, a duty of five per
cent, was laid in addition to that before imposed; though
the act met a very powerful opposition,*
* The bill was more debated, in the House of Representatives, than any pre
sented for many years ; and the majority in favor of it was only five — 107 to
102; It was opposed alike by those concerned in commerce and agriculture.
The former believed it would prove detrimental, in its operation, to their par
ticular interests ; and the latter, considered that ^ undue profit was secured
by it, to the manufacturers. Some opposed it, under an apprehension, that it
would greatly diminish imports, and thus lessen the public revenue. And a
few voted agaiust the bill, because they were dissatisfied with its details, rather
than with its general principles. It passed the Senate, with several alterations,
by a vote of 25 to 21.

296 FEDERAL GOVERNMENT. [1824
Although the Presidenlhad expressed doubts of spending
the public funds for internal improvements, he declared
himself in favor of appropriations from the public treasury,
for repairs on the Cumberland road, which was considered
an important natio7ial object; and he also proposed a sur
vey of the country between the waters of the Chesapeake
and Ohio, for a canal ; which would be of a similar na
tional character, and therefore worthy of the consideration
of Congress, '¦ It would be almost impossible," he said,
" to calculate the beneficial consequences which would re
sult from it, A great portion of the produce of the very
fertile country, through which il would pass, would find a
market through that channel. Connecting the Atlantic
with the western country, in a line passing through the
seal of the national government,* it would contribute essen
tially to strengthen the bond of Union itself Believing, as
I do, that Congress possess the right to appropriate money
for such a national object — the jurisdiction remaining in
the Stales through which the canal would pass — I submit
it to your consideration, whether it may not be advisable
to authorize the employment of a-suitable number of officers
of the engineer corps to examine the intervening grounds,
with a view to the construction of such a canal,"
In the course of the following session of Congress, April,
1824, an act was passed authorizing the President lo cause
surveys and estimates to be made of such routes, for roads
and canals, as he might deem of national importance, either
in a commercial or military view ; or necessary for the
transportation of the public mail. There Avas a very gen
eral opinion, at that time, in favor of internal improve
ments ; especially, where the work would prove of national
benefit ; and an appropriation of seventy-five thousand dol
lars was made, at this session of Congress, to improve the
navigation of the Ohio and Mississippi rivers. The ob
jection to appropriations of public money for roads, related
to those which would be only for the advantage and ac
commodation of a single State ; which, it was contended,
should construct such roads ; the older States having been
at the expense of making them within their respective
limits. Tracts qf the public land, however, were sometimes
granted to new Slates, for the purpose of education, and in
a very few instances, for roads deemed important to the
Avhole country, though chiefly and directly beneficial to a
single State,
* It was proposed to have the canal run through the District of Columbia,

1824] MONROE, 297
The struggle of the Greeks for civil liberty, at this period,
excited the sympathy of all those who enjoyed or justly
valued the blessings of a free government,- In the United
States, this generous sentiment was deep and universal ;
and the President was justified in referring to the event, as
he was the principal public organ of the republic. But
the expression of his sentiments on the occasion, was as
proper in point of prudence, as it was honorable to his
philanthropic feelings. " Il is believed," he said, "that
the whole civilized world takes a deep interest in their
welfare. Although no power has yet declared in their
favor, none have taken part against them. Their name
and their cause have protected' them from dangers which
might have overwhelmed any other people. The ordinary
calculations of interest, and of acquisition, with a view to
aggrandizement, which mingle so much in the transactions
of nations, seem to have had no effect in regard lo them.,
From the facts, which have come to our knowledge, there
is just cause to believe, that their oppressors have lost, for
ever, all dominion over them ; and that Greece will become
again an independent nation. That she may obtain that
rank, is the object of our most ardent wishes,"
On this occasion the President referred to the origin and
nature of the federal government, and to the important and
extensive benefits it had produced, " The history of the
world," he said, -with great truth, " furnishes no example
of progress and improvement in all the essential attributes
of national prosperity and happiness, which presents a
parallel," And in illustration bf the fact he contrasted the
condition of the country, as it then was, with its feeble
stale in 1775, and even in 1784, But; as he justly observed,
it was not only the increased population and enterprise and
wealth of the country, which had contributed to the happy
result ; " it was owing also to an enlargement of the basis
of our political system, and increase in the number of States, ,
that the strength and character of the republic were so
great. Consolidation and disunion have been thereby, ren
dered equally impracticable. Each government, confiding
in its own strength, has less to apprehend from any other ;
and, in consequence, each enjoying a greater freedom of
action, is rendered more efficient for all the purposes for
which it was instituted,"
Mr. Monroe was not alone in the opinion here expressed.
Many intelligent statesmen, who had indulged great fears
as to the stabihly of the general government and the con-
tinuarice of the Union, were more ready to cherish a behef
38

298 FEDERAL GOVERNMENT. [1824
as well as a hope, of the perpetuity of the federal system,
and of the blessings of a national administration. The ex
perience of thirty-four years had led them to repose more
confidence both in the permanency and the benefits of the
federal compact between the several States, for objects of
mutual and general interest. The government had already
been sustained under severe trials, arising from the French
revolution ; from the monopolizing spirit of England ; from
parly disputes and collisions among the people ; from a
war, which many deemed unnecessary, and which added
largely to the public taxes. There had been times of ap
prehension, but the vigilant and generous patriotism of the
people proved sufficient lo remove them. And if the gen
eral government ever assumed powers, not vested in it by
the Constitution, which was the instrument and choice of the
people, the individual States'interposed their remonstrances,
and the evils feared were removed.
Early in the session, a proposition was rnade for an ad
ditional article lo the Constitution, respecting the election
of President and Vice President of the United Slates ; so
that there might be a choice by the people, or their electors
chosen by them, and in no event to be referred to the mem
bers of Congress. Several plans were proposed fpr this
purpose ; and that which received the principal support,
provided for a second voting by the electors, if no choice
were made on the first trial. It was also proposed, that if
the choice should devolve on Congress, il should be decided
by the majority of votes of both Houses meeting in Con
vention. The subject was long debated in the Senate, and
a general desire expressed to prevent an election by the
members of Congress, instead of effecting it by the electors
chosen by the people in the several Slates, No plan pro
posed, however, met the approbation of the majority of the
Senate ; and on motion of Mr, King of New York, the sub
ject was indefinitely postponed, by a vote of 30 to 13,
A bill was before Congress again, at this time, for abol
ishing imprisonment for debt, where the poor debtor was
owing the United States, and no fraud was alleged ; and
after repeated discussions, it was passed by the Senate, but
did not then receive the sanction of the House of Repre
sentatives,* Its passage in the Senate gave great satisfac
tion to every true philanthropist ; and was justly consid
ered a triumph of the cause and principles of humanity.
* The bill was not debated in the House, at this session ; it did not come
before that branch of the legislature in time sufficient for due consideration.

1824] MONROE, 299
The last regular annual message of President Monroe,
addressed to Congress, December, 1824, presented a view of
public affairs and of the condition of the United States,
highly satisfactory and gratifying to the friends of the fed
eral government. The labors and enterpi-ises of the citizens
had been attended with uncommon prosperity : the usual
operations of government had been effected both with fidel
ity and tranquiUity ; the people universally manifesting a
spirit of due subordination and of regard for constitutional
authority : the national finances adequate lo former ap
propriations, and to all proper expenditures, as well as to
the gradual redemption of the public debt, as previously
estimated : the Union was evidently dear to the people, and
strengthened by tlieir cordial support : the policy adopted
and pursued towards foreign nations had proved lo be
wise and just ; such as to disarm them of old jealousies,
and to conciliate their amity, both in a commercial and po
litical intercourse, " By a happy distribution of power,"
said the President, " between the national and State gov
ernments, which rest alike on the sovereignty of the people,
and seem fully adequate to the great purposes for which
they were respectively instituted, causes which might
otherwise lead to dismemberment, operate powerfully to
draw us closer together," " And as to foreign nations," he
said, "it has been the invariable object of this government
to cherish the most friendly relations with every other
power, on principles and conditions which might render
them permanent, A systematic effort has been made to
place our commerce, with every nation, on a footing of per
fect reciprocity ; to settle with each, in a spirit of candor
and liberality, all existing differences ; and to remove, as far
as possible, all causes of future variance,"
The President gave Congress information of the failure
of attempts, by the commissioners of the federal govern
ment and Great Britain, to ascertain and fix the boundary
line between the British provinces on the northeast, and
northwest, and the United States, as proposed in the fifth
article of the treaty of Ghent ; and of an agreement between
the two governments, to establish the line by amicable ne
gotiation ; and he expressed his belief that it would be
thus satisfactorily adjusted. Had more decision been ex
hibited for a speedy adjustment of this subject, as probably
would have been, if any danger of a war on that account
had been then apprehended, the difficulties, which subse
quently occurred, would have been avoided. The British
government then, as since, appeared disposed to delay a

300 FEDERAL GOVERNMENT, [1824
decision, in the hope, probably, of obtaining a part of the
territory in dispute.
He again referred to the slave trade, still piirsurd to a
considerable extent, and expressed a strong desire in favor
of any and every practicable method, which would be
adopted, lo put an end to a traffic so revolting to the friends
of humanity through the civilized world. It appeared that
negotiations had been renewed on the subject, and a con
vention concluded in London, in March, 1S24, by pleni
potentiaries duly authorized by both governments ; but that
obstacles had occurred to its ratification which had not boon
removed. The greatest if not the only difficulty Avas to be
found in the proposition of the British government to subject
the vessels of both nations, suspected of being concerned in
the traffic, to a search by the armed ships of either. An
apprehension of the abuse of this right prevented the Amer
ican government from assenting to the proposal. But, to
avoid an explicit concession of that kind, il was proposed
by the latter, to consider the traffic as piratical ; il being
intended thereby, to place all offenders in this respect, beyond
the protection of their respective governments.
Commercial treaties Avere concluded between the United
Slates and several European nations, about this period ; as
Russia, Prussia, Sweden, the Netherlands, and with some of
the Hanseatic cities ; and in referring to them, the President
said, " that our commerce was placed on a footing of perfect
reciprocity by these treaties." And he added, " the prin
ciples on which the commercial policy of the United Stales
is founded, are lo be traced lo an early period. They are
essentially connected with those, on Avhich their indepen
dence was declared ; and owe their origin to the enlight
ened men Avho took the lead in public affairs at that im
portant epoch.* They are developed in the first treaty of
commerce with France in 1778 ;f and afterwards by a for-
* This was a high compliment to the wisdom of the patriotic statesmen who
composed the first continental Congress; and as just as it was grateful.
t The treaty of commerce with France, February, 1778, recognized, as the
basis of their .agreement, "the most perfect equality and reciprocity;" and
" carefully avoided all those burthensome preferences, which aro commonly
sources of debate, embarrassment, and discontent; leaving each party at liberty
to make those interior regulations, respecting commerce and navigation, which
it should find most convenient to itself; and by founding the advantage of com
merce solely on reciprocal utility and the just rules of free intercourse; re
serving to each party the liberty of admitting other nations to a participation of
the same advE^ntages."

1824}

MONROE. 301

mal commission,* at the close of the revolutionary Avar, for
the purpose of negotiating treaties of commerce with the
nations of Europe. The act of Congress, of March, ISl."),!
on tlie return of peace, Avas a new overture to foreigii nations,
to establish commercial relations with them on the basis of
free and equal reciprocity."
The United Stales entered into a treaty Avith Russia in
1824, " for ascertaining and defining the limits and rights
of the respective nations, in the northwestern parts of Amer
ica," The Emperor of Russia, not long before, had laid
claim to a large portion of western America, and the sole
right to navigate the ocean and seas adjoining.. Collisions
had sometimes occurred between the citizens of the United
States and the subjects of Russia, navigating and trading
ou and near the coasts. These claims were opposed by the
federal government, and a treaty on the subject Avas con
cluded, as above mentioned ; by which the boundary line
between the two nations Avas agreed to be in north latitude
fifty-four degrees and forty minutes. It Avas also agreed,
" that neither power should be disturbed or restrained, either
in navigation or in fishing, al places not before occupied by
either, for the purpose of trading with the natives — that the
subjects and citizens of each should not resort to places
where establishments had been respectively made by them,
for trade, without permission from the commander of the
settlement — but that for ten years, the ships of both powers
might frequent, without interruption, the interior seas, gulfs,
or harbors on the coasts, for the purpose of fishing and
trading with the uatiA-es."
As the close of his administration Avas approaching, the
President seemed to have considered il proper to exhibit a
full and particular statement of the debts and finances of
the federal government. It Avas stated in his message.

* The principles and doctrines herein recognized and approved, were fa
vorable to free trade, and opposed to monopolies and restrictions; and in 1785,
Mr, Adams, the first minister to Englaiidfrom the United States, proposed these
principles as the basis of a commercial treaty with Great Britain, But they
were entirely rejected by the British ministry. They were contrary to the
policy of thiit government; and the stale of America was then such, that Eng
land derived great advantages from trade without any treaty.
t This act provided, " that former discriminating duties on tonnage and on
goods, between those of the I'liited States and of foreign countries, by wliich
a much higher rate was imposed on those of the latter, should be removed, on
a repeal, by any foreign government, of their discriminating and countervailing
duties, detrimental to the United States, and the public declaration thereof by
the President on such an event"

302 FEDERAL GOVERNMENT. [1824
" that, exclusive of loans for the purpose of reducing the
rate of interest paid by the government, the receipts into
the treasury for the year 18-24, Avere eighteen and a half
millions, and that there Avas a balance in the treasury, on
the first of that year, of nine millions and a half — that,
after the current expenses for support of the government,
and disbursements for claims for Spanish spoliations, for
fortifications, for the army and navy departments, for sur
veys relating to proposed national works, interest on the
public debts, and eleven millions and a half applied to the
sinking fund, — there Avould be, by estimation, a balance of
three millions iu the treasury on the first of January, 1825.
It was estimated that the receipts for 1825 Avould amount
to a sum sufficient to meet all the expenses of government,
if on a similar plan of appropriations for the various de
partments, and leave ten millions for reducing the public
debt. A reduction of forty-four millions of the national
debt had been already effected since the year 1817 ; although
great appropriations had been necessary, during that period,
for the support of the government, increase of the navy,
for the army and forts, and for purchases of Indian lands.
The amount of the debt was estimated at a little less than
eighty millions; and a calculation presented, showing il to
be probable, that, with the usual receipts into the treasury,
the continuance of peace, and common prosperity in com
mercial enterprize, the whole might be extinguished within
ten years.
The President referred to the condition of the Indian
tribes within the territory of the United Slates ; lo the re
lations then existing between them ; and to the policy of
the general government in its treatment of these uncivilized
people. The policy early adopted by the government, in
its conduct towards these uncultivated tenants of the for
ests Avas founded in friendly and benevolent views ; and
it Avas pursued by the several administrations, except
where the claims of individual States embarrassed the gov
ernment, and sometimes led to severe treatment of the
native tribes. The object of government was to treat them
with justice, but to purchase such tracts of land as they
were Avilling to sell and abandon ; and at the same time lo
provide for their improvement by encouraging schools and
the arts of agriculture and civilization among them. Con
gress had passed no laws designed or lending to injure or op
press these tribes ; the administration had issued no orders
interfering with their rights ; and yet the agents of the gov-

1824] MONROE, 303
ernment Avere some limes charged Avith deceiving and de
frauding them : and several of the States, within whose ter
ritories they resided, in their desire to remove them, were
accused of treating them with great severity and injustice.
When the tribes refused lo remove, as it Avas alleged they
had agreed to, within a convenient time, the State , author
ities, in some instances, undertook to regulate their con
cerns and lo legislate over them ; which was the cause of
much complaint on the part of the Indians, The appeals
of Slates thus situated, as well as of the natiA^e tribe's, oc
casioned great perplexity and difficulty lo the federal
administration. And in some cases, perhaps it pressed the
removal of the Indians unreasonably, from a desire to
satisfy the demands of the Slates where they resided.
The general government had always manifested a desire
to do justice to the aboriginal tribes; and, large sums Avere
voted and expended for their benefit, in payment of the
lands purchased of them. Efforts were repeatedly made
with a view to their social and moral improvement ; but
Avere not attended or followed by any permanent benefit :
in a few instances only were they beneficial. An act was
early passed for their civilization ; and under its provisions,
more than thirty schools had been established among them,
before 1825 ; and such as would attend were instructed
also in agriculture and the ordinary arts of life. Since
that time mosl of the tribes have been removed to lands
west of the Mississippi, which were alloted lo them by the
general government, with a view and a solemn agreement
to their continuance in the new territory, without interfer
ence as to the litle of the lands, or to their internal police.
Justice requires that these agreements should be strictly
observed and fulfilled on the part of the United Stales.
A resolution was offered in the Senate, (February, 1825,)
by Mr. King, of New York, proposing, that, after the pay
ment of the funded debt, for which the public lands of the
United States were pledged, should be made, the proceeds
of the sale should be applied lo the emancipation of such
slaves within any of the United States, and to aid in the
removal of such free persons of color, as by the laws of any
were alloAved to be emancipated or removed, lo any terri
tory Avithout the limits of the United Stales. But the sub
ject did not receive the consideration which its great na
tional importance seemed to demand. The resolution did
not interfere with the laws and usages of any State relating
to slaves. Had it been adopted, the effect would have

304 FEDERAL GOVERNMENT. [1824
been similar lo that which the Colonization Society have
in view ; and Avould have secured public funds for the pur
pose. There could be no constitutional objection lo the
measure. The appropriation might be as justly made for
this object as for education or internal improvements.
But whenever the subject of slavery has been introduced
into Congress, it has excited great sensibility, and produced
collisions between members from different parts of the
country, which the more prudent and conciliatory Avish to
avoid. Mr. Monroe was not so great a philosopher as Jefferson,
nor so learned as Madison ; but he possessed more practical
knowledge, or was more desirous of pursuing that which
was useful than of adopting new theories, or of supporting
his own speculative views in opposition to public opinion.
He faithfully strove lo defend and to promote the great in
terests of the republic ; but sought not for impracticable
good, in ways discovered only lo bis contemplative imagi
nation. He had as much regard for humanity, and was
as sincere a lover of his kind, as Mr. Jefferson ; but he fol
lowed more truly the beaten path of common sense, and
adhered more cautiously lo the plain maxims sanctioned
by experience, and shoAvn by past history to be essential to
the welfare of society.

1825] ADAMS. 305

CHAPTER XH.
Mr. Adams elected President by the House of Representatives. His Political
Views and Policy similar to those of Mr. Monroe. His eminence as a
Statesman. In favor of Internal Improvements. The Minority Opposed
to him, Large, and Powerful. Unjustly charged with Extravagance in Public
Expenditures — And with a disposition to accumulate Power by the Gen
eral Government. Attentive and able in his Negotiations. Made few ap
pointments byl the removal of Public Officers, difficulties with State of
Georgia, relating to the Indians in that State, Objections in Congress to
Expenditures for internal Improvements, and Surveys for Canals, &c. Dis
cussions respecting a new Tariff of Duties; And the Protection of Domestic
Manufactures, Envoys to Republics of South America — to Congress of Pa
nama, Judiciary Department. Officers entitled to Half Pay. Grants of
Public Lands for Schools.
John Quincy Adams, of Massachusetts, was advanced to
the presidency of the United Slates, in March, 1825.
There was no choice by the State electors ; and the election
devolved on the House of Representatives, as provided by
the Constitution, in the event of such a failure. Mr. Ad
ams was one of the two candidates,* Avho received the
greatest number of votes for the presidency ; a majority of
States, as represented in the House, were cast for him, on
the first trial in that body.
The political views and opinions of Mr. Adams did not
differ, in any very important points, from those of his pre
decessor. The policy and measures of President Monroe
were continued by the present administration. They were
long associated in the public service, more or less nearly,
both at home and abroad. No important measures of the
administration of Mr. Monroe, it was believed, were adopted
Avithout the advice or consent of the Secretary of State,
the place held by Mr. Adams in the cabinet, during the
presidency of the former. ^
No man in the country had a higher character, as a poli
tician, than Mr. Adams. The education given him by his
illustrious father. President John Adams, was designed to
qualify him for the duties of public life, and to make him
eminent as a statesman. And he faithfully improved his
* Andrew Jackson, of Tennessee, was the other; and in 1829, he suc
ceeded Mr, Adams,
39

306 FEDERAL GOVERNMENT, [1825
early advantages. He made great acquirements in general
literature; and in diplomacy was equal to any individual
of his age and time. The science of civil government was
familiar to him ; and he had a strong attachment to repub
lican institutions.
On one point, perhaps, he differed from his immediate
predecessor. He expressed less regard for Stale rights, or
allowed more power to the general government, according
to his construction of the Constitution, than Mr. Monroe did.
The latter considered the United Stales government strictly
federal; the former viewed il rather as a consolidated, or
national one. In their public measures, however, this dif
ference of opinion did not often lead to the exercise of greater
power by one than the other. The Constitution Avas the
guide of both ; but one might approve an act of" Congress
for internal improvements, from which the other would
probably have withheld his assent, from scruples, as to the
constitutional authority of the federal government for such
enterprizes. Owing to opinions before formed, unfavorable
to Mr. Adams, whether just or unjust, and some circum
stances connected with his election, the minority, dissatisfied
with his elevation to the chair of the Union, was large and
powerful : and a portion of them early discovered a dispo
sition to embarrass or misrepresent his measures. But
another portion adopted the language of one of his rivals
for the Presidency, and said, "let him be judged by his,
measures." He selected men of ability lo assist in the ad
ministration of the government. The federal legislature
was almost equally divided, as the political adherents or
opponents of President Adams ; and an influence was
exerted, sufficient to perplex the ablest statesman. The
public concerns of the United States, both as to foreign re
lations, and to the finances of the government, had been so
well directed by President Monroe, that no questions of
great difficulty presented for solution, or calculated to excite
strong party feelings. It was only necessary to pursue the
policy and course already adopted, and to carry out the
views expressed and the plans recommended by the pre
ceding administration.*
* President Adams did no more than justice to his predeeessor, when he
said, in his inaugural address — " The great features of his policy, in general
concurrence with the will of the people, has been to cherish peace, while pre
paring for defensive war; to yield exact justice to other nations, and to maintam
the rights of our own ; to cherish the principles of freedom and of equal rights
wherever proclaimed ; to discharge, with all possible promptitude, the national
debt; to reduce withm the narrowest limits of efficiency the military force;

1825] , ADAMS. 807
The opinion of President Adams, touching the powers of
the general or federal government, Was ejtpressed in the
following passage in his inaugural address — " Our political
creed is without a dissenting voice Avhich.can be heard —
thai the will of the people is the source, and the happiness
of the people the end, of all legitimate government on earth —
that the best security for the beneficence, and the best guar
anty against the abuse of power, consists in the freedom,
purity, and the frequency of popuMr elections — that the
general government of the Union, and the separate govern
ments of the States, are all sovereignties of limited poioers ;*
fellow-servants of the same masters ; uncontrolled iciihin
their respective spheres ; uncontrollable by encroachm,enis on
each other."
He referred to former political parties and divisions, and
manifested a generous spirit of candor and magnanimity.
" Ten years of peace at home and abroad have assuaged
the animosities of political contention, and blended into
harmony the discordant elements of public opinion. There
still remains one effort of magnanimity, one sacrifice of
prejudice and passion, to be made by the individuals through
out the Union, who have heretofore folloAved the standard
of political party. Il is that of discarding every remnant
of rancour against each other ; of embracing, as country
men and friends, and of yielding lo talents and virtue alone
that confidence, which, in times of contention for principle,
was bestowed only upon those who bore the badge of party
communion." As the highest official agent in administering the general
government, Mr. Monroe had been constantly attentive and
faithful. He was entirely devoted lo the great interests of
the nation, committed lo his guidance and superintendence.
And the republic was honestly and ably served during his
presidency. Mr. Adams was no less devoted to the public
welfare, and to the discharge of the high duties which his
exalted station imposed. His first message to Congress,
presented in December, 1825, gave a very full and correct
view of " the concerns of the country with reference to all
to provide and sustain a military academy ; to improve the organization and
discipline of the army; to extend equal protection to all the great interests of
the nation; to promote the civilization of the Indian tribes; and to proceed in
the great system of internal improvements, within the limits of the constitur
tional power of the Union."
* This is a different doctrine from those who teach that the States were not
sovereignties in their separate capacity, and that this hig^ attribute belong^, to
them only when united as one republic, one government.

308 FEDERAL GOVERNMENT. [1825
subjects interesting to the public welfare." It was more
particular and more extended than the communications of
the President on any similar occasion ; and yet they had
never been deficient or partial in the statement given of the
public affairs of the nation,— The internal state of the coun
try was that of entire tranquillity, and its relations Avilh
foreign governments were of a pacific character. Nothing
had occurred to interrupt the national repose or prosperity.
The commercial intercourse with Great Britain and its col
onies, was not precisely such as the government of the United
Stales had long wished to establish; but the regulations
adopted by neither on the subject indicated any unfriendly
disposition. On several other governments of Europe the
United States had claims for depredations, which had been
committed on the commerce of its citizens, in former years ;
but there was no reason to apprehend that these disputes
would lead to war. It was confidently believed, on the
other hand, that negotiations, then and for some time pend
ing, would lead lo a satisfactory result ; and that indemnity
for losses, in most cases, would be granted. The govern
ments on which the United Slates had such claims were
France, Spain, Naples, Denmark, and the Netherlands. By
the faithful application of the executive, these demands
were, in great part, allowed,*
As had been done by his predecessor, President Adams
referred to the repeated efforts made, on the part of the
United Slates, for forming commercial treaties with the
powers of Europe, Avhere trade and navigation was pursued,
by American citizens, on terms of reciprocity ; but which
had not in all cases been attended with the success desired ;
and yct several European governments had then recently
met the propositions of the United Slates for regulating
commerce in a more liberal spirit, than was manifested some
previous years. While an Envoy in Europe at different
periods, and afterwards Secretary of State for foreign rela
tions, Mr, Adams had strenuously contended for placing the
commercial intercourse of the United Slates, particularly
with Great Britain, on more just and equal principles than
that nation was willing to recognize and adopt. The trade
of England with most other parts of the world had long
been pursued on exclusive or monopolizing maxims, which
* These depredations on the commerce of the United States were committed
principally by French vessels, — some before 1800, but most of them sev
eral years later — and were taken into the ports of other nations, as well as
France, where they were unjustly condemned. The French government had
then command of the ports in several other kingdoms iu Europe.

1825] ADAMS. 309
contributed chiefly to its own Avcallh and prosperity. The
state of the national finances had received no material
change during the preceding year; but continued in the
same prosperous condition as represented by Mr. Monroe,
the last year of his administration. The revenue for 1824,
had exceeded the anticipations of the treasury department;
and the receipts amounted to nearly twenty-lAVO millions,
independently of the sums authorized to be taken as loans,*
The expenditures for the same year, exceeded that amount
by nearly Iavo millions ; but there were about two millions
in the treasury, al the beginning of the year ; eight millions
of the above sum total had been applied to pay the public
debt ; and more than a niiUion and a half had been " de
voted to pay the debt of gratitude to the warriors of the
Revolution," The expenditures forthe yearincluded several
large sums, which could not be justly considered as making
part of the ordinary support of government. Four millions
had been applied to pay the interest on the public debt : half
a million for the increase of the navy ; more than a million
for fortifications and the purchase of ordnance ; half a
million for Indian annuities and purchase of their lands ;
and somewhat over a million for internal improvements and
surveys, authorized by particular acts of Congress — leaving
only seven millions expended for the more immediate sup
port of the government, in its legislative, executive, and
judicial departments.
The receipts from the sale of public lands, which had
been sold some time before, amounted to nearly two mil
lions ; and the President expressed the opinion, that the
sums received from this source in future years, would in
crease, Hft recommended forbearance, on the part of the
government, towards those who had previously purchased
in small lots, for actual settlement.
The President was authorized by acts of Congress^
passed at a former session, to form treaties of friendship
and trade with the Indian tribes west of the Mississippi;
and also with several tribes far to the north, viz : the Sioux,
Chippewas, Sacs, Foxes, and Menomenees : which he now
notified Congress had been concluded ; and that large ad
ditional tracts of land had been purchased of them. He
had been also authorized to enter into a treaty with the
* The exports for 1825 amounted to upwards of ninety-two millions; and
sixty-six millionswere of domestic productions; a part of which were manu
factures, but far the greater portion products of the soil. The imports for the
same year somewhat exceeded ninety-one millions. The exports were of
greater amount, than in any former year.

310 FEDERAL GOVERNMENT, [1825
Creeks and other tribes in the vicinity ; and to survey and
make a road from the froniier of Missouri to new Mexico.
But their consent had not then been procured.
The President referred lo the memorable treaty made
Avith some chiefs and individuals of the Creek nation or
tribes, at the Indian Springs, in February, 1825 ; and its
subsequent ratification by the Senate ih March ; "under
the unsuspecting impression that it had been negotiated in
good faith." A portion of the tribe remonstrated against
the treaty, and declared they Avere not consulted as lo the
terms on which it was concluded.
A great excitement was produced among them on this
account ; and was a source of much perplexity to the gen
eral government. The majority of the tribe Avas opposed
to the treaty; but the State of Georgia, Avhich wished lo
have the Indians removed, and to have possession and
jurisdiction of their territory, insisted on the fulfilment of
the terms, Avhich were highly beneficial to that State, and
matter of just complaint Avith the tribe.
They complained particularly of severe and oppressive
treatment from the government of the State of Georgia;
and of haAdng been deceived by the agents employed to
form a treaty with them the year preceding. Il was al
leged, that those of their tribe who assented to the treaty
of February, 1825, Avere but a small part of the nation ;
and that a large majority were opposed to it. That treaty
had been ratified hy the executive soon after, (March,
1825,) in the belief, that il was made in good faith, and
was agreeable lo the greater part of the tribe. A delega
tion from the tribe proceeded to Washington, early in the
year 1826, to make a just statement ; to hav% the treaty
of 1825 annulled ; and to conclude one on such terms as
Avould be agreeable to the Avishes of the nation. '
There had long been a dispute between these people and
the State government of Georgia, which claimed the terri
tory where they resided. The claims of that State Avere
considered very extravagant, as they extended over the
whole territory Avest of the Mississippi river. That State
was the last to cede to the United States a wild but exten
sive territory, occupied by Indian tribes, for the benefit of
the whole nation. The territories ceded , by the several
States, were indeed but a relinquishment of their respective
claims ; and Congress had only the pre-emptive right, by
virtue of such cessions.
In 1802, a contract was made by the federal government
with Georgia"; by which that State ceded land to the United

1825] ADAMS. 311
States, or to the Slate of ^Tississippi, which was then only
a territorial government : and the residue claimed by Geor
gia, Congress engaged to guaranty to that State, to extin
guish the Indian claim; and to have them removed as soon
as it could be done peaceably and on reasonable ternis."
The federal government, which had been invariably
desirous of observing sood faith with the Indian tribes, and
had treated them Avith much lenity and kindness.* Avas
fully disposed to do justice to the Creeks in their dispute
with Georgia, which had now become impatient, that the
Indians were not removed, and its occupancy and jurisdic
tion of the territory confirmed. Georgia strongly urged on
the government of the United States the fulfilment of its
former promise lo be put in possession : and as the tribe
remained, msisted on exercising jurisdiction over them;
and set up a claim also to have the boundary line between
that State and Mississippi farther west than had before
been fixed. Hence much difficulty was given to the ad
ministration, which was equally desirous to satisfy Georgia,
and to do justice lo the Creeks. The governor of Georgia
insisted on the removal of the tribe, and threatened to lake
possession by force of the territory, which the State claimed,
and then occupied by the Indians. It was in contempla
tion of the executive to resort to force, to prevent these pro
ceedings on the part of Georgia. At one period, there ap
peared imminent danger of a collision. But a new treaty
was concluded, at Washington, by the federal government
with the chiefs of the Creek tribe, in March. 1S26 : and the
military was not called out, as Avas apprehended at one
time would be done. The last treat v or contract with the
Creek tribe was confirmed in the Senate by a vote of thirty
to seven. The treaty stipulated for the payment of a large
sum to the tribe, and to guaranty the lands, not expressly
ceded by them.f The difficulty was thus adjusted for
some time ; but disputes arose soon after, with that and
other tribes in the vucinity respecting their removal.
* The conduct of individuals or even of its own agents, the government
could not always control, nor wholly prevent their wrong doings in all in
stances. t When the House of Representative passed the bill making appropriations
to carry into effect the treaty made vrith the Creeks in 1826, the members
from Georgia opposed it, and entered their protest against h in form ; stating,
that in their opinion it was unconstitutional, that the former treatv of Jlarch,
1825, was the law of the land; that the treaty last concluded was injurious to
their State, and ought not to have been confirmed, but with the approbation
of Georgia.
By this treaty, h was agreed to firmish various articles to snch of the tribes

312 FEDERAL GOVERNMENT. [1825
In April, 1825, an act Avas passed for surveys, under
the direction of the President, for the purpose of internal
improvements, to be confined, however, to works of a na
tional character : and Congress was informed in the annual
message at this time, that the Board of Engineers had been
employed a great part of the year 1825, They had com
pleted the surveys necessary to ascertain the practicability
of a canal from the Chesapeake bay, to the river Ohio ; and
had also made progress in surveys for a national road from
the seat of the federal government to New Orleans ; and
for uniting the waters of the lake Memphremagog with
the Connecticut river.
Surveys for other Avorks of national importance had then
been partially made : as the continuation of the Cumberland
road farther Avest ; a road from Missouri lo Mexico ; and
roads in the territories of Florida, Arkansas, and Michigan.
The latter, being under the immediate and sole government
of the United Slates, was believed to justify these expend
itures for the construction of public roads. The members
of Congress, Avho opposed appropriations for internal im
provements, generally approved of the surveys and works
mentioned above.
After referring to the progress made in surveys for na
tional roads and canals, the President expressed an opinion
in favor of internal improvements in a more enlarged and
extended manner. He spoke of the acts of European gov
ernments, designed for the general advancement of science,
and of works of public benefit, in a national view, as they
added to the strength, prosperity, or ornament of the re
spective countries. And he intimated, that the general
grants of power to the federal government in the Constitu
tion Avould authorize the appropriation of the public funds
to various works of national importance and convenience.
His predecessor had expressed doubts of the constitutional
power of Congress for such objects, except in cases of man
ifest public necessity and general interest. " The great
object of the institution of civil government" — said Mr.
Adams, when alluding to this subject — " is the improve
ment of the condition of those Avho are parties to the social
compact : and no government, in whatever form consti-
as would, within two years, remove to the west of Mississippi, their expenses
of removal, and .also a support for one year after their settlement. A part of
the Creeks then expressed a disposition to remove : and commissioners were
to be appointed by the United States to join with the chiefs of the tribe, to
survey and locate a tract for them ; which was to be without the bounds of
any State or territory, and to be permanently and inviolably secured to them.

1825] ADAMS. ' 313
tilled, can accomplish the fawful ends of its institution, but
in proportion as it iipprovcs the condition of those over
whom it is estabUshed, Roads and canals, by multiplying
and facilitating the communications and intercourse between
distant regions, and multitudes of men, are among the
mosl important means of improvement. But moral, polit
ical, intellectual improvement, are duties assigned by the
Author of our existence, to social no less than to individ
ual man. For the fulfilment of those duties, governments
are invested with poAver ; and to the attainment of the end,
the progressive improvement of the condition of the gov
erned, the exercise of delegated power is a duty as sacred
and indispensable as the usurpation of power, not granted,
is criminal and odious. Among the first, perhaps the very
first instrument, for the improvement of the condition of
men, is knowledge ; and to the acquisition of much of the
knowledge, adapted to the wants, the comforts, and the
enjoyments of human life, public institutions and semina
ries of learning are essential,"
These were very correct and important sentiments. But
the question arose, whether the federal government was
instituted for such purposes ; or had authority from the
Constitution to expend the public funds for these various
objects. The State legislatures, if true to their constituents,
would not fail to provide for such benefits and improve
ments. But the general government was not instituted
with a view to these objects. It is one of limited or spe
cific powers. And many, probably the majority of Con
gress and of the people, believed the federal legislature was
not vested with authority to construct works of internal
improvements, unless of a national character, and such as
a State was not competent to accomplish. If the general
grants of power were construed in an unrestricted sense,
there would be no limits to the legislation of Congress, even
in the most minute, and local respects. In another part of,
this message, the President said — " The Constitution, under
which we are assembled, is a charter of limited power."
The naval force of the Union — the message staled — had
been employed during the year in the Mediterranean, the
West Indies, and the coast of South America : one public
ship had been occasionally cruising on the coast of Africa,
and one on the coast of Labrador and tl^e fishing grounds
of Hudson's bay. The importance of a naval force, for the
protection of the extensive and increasing commerce of the
United Slates, was urged on the consideration of Congress,
with great emphasis. The President said — " it was the
40

314 FEDERAL GOVERNMENT, [1825
only arm, by which the power of our confederacy could be
estimated or felt by foreign nations, and the only perma
nent military force, which will not be dangerous to our
own liberties al home." — " A permanent naval peace estab
lishment, therefore, adapted to our present condition, and
adaptable to that gigantic growth with which the nation
is advancing in its career, is among the subjects which
have already occupied the foresight of the last Congress,
and which will still deserve serious deliberation. Our
navy, commenced al an early period of our present polit
ical organization, upon a scale commensurate with our in
cipient energies, the scanty resources and the comparative
indigence of our infancy, was even then found adequate to
cope with all the powers of Barbary, save the first ; and
with one of the principal maritime powers of Europe, At
a period of further advancement, but with little accession
of strength, il not only sustained with honor the most un
equal of conflicts, but covered itself and our country with
unfading glory. But it is only since the close of the late
war, that, by the number and force of the ships of which
it Avas composed, il could deserve the name of a navy ;
and yet it retains nearly the same organization as when
it consisted of only five frigates. The rules and regula
tions, by which il is governed, urgently call for revision ;
and the want of a naval school of instruction, correspond
ing with the Military Academy at West Point, for the for
mation of scientific and accomplished officers, is felt with
daily increasing aggravation."
Mr. Adams recommended the establishment of an addi
tional executive department, at this time, lo be denominated
the interior or home department ; as the duties of the Secre
tary of Slate had much increased, and the foreign affairs of
the United Slates would require his whole time. He also
considered a revision of the Judiciary highly necessary, on
account of the increased and extended population of the
country, since its first establishment. And he suggested
the expediency of establishing a military post at the mouth
of Columbia, or Oregon river; and of a more full explora
tion of the northwest coast of America, than had before
been done.
The President made a proposition to Congress, at this
time, of great political interest. It was that the United
States take part in a Congress, to be held at Panama, to
be composed of delegates from the republics of Mexico,
Colombia, and Central America ; lo dehberale on subjects
of importance to each, and in which the welfare and in-

1826] ADAMS, 316
terest of all might be involved. These republics had agreed
to hold such a meeting,* and had invited thc United Slates
to be there represented by its ministers or delegates. This
invitation had been accepted by the President ; and he
gave Congress information, that ministers Avould be com
missioned to attend and to lake part in the deliberation, so
far as might be compatible Avith the neutral state and char
acter which it was the interest and intention of the fed
eral government lo maintain.
This proved a subject of much discussion in Congress ;
and several members complained, that the President had
exceeded his constitutional authority, hy accepliug the in
vitation to join in the Congress proposed. It was contended,
that he should have had an opinion of Congress iu favor
of a declaration to accept it; especially, the approbation
and advice of the Senate for such a measure. Congress
had, indeed, two years before, passed a resolution author
izing the President to appoint a minister to either of the
South American republics, Avhich had asserted and long
maintained their independence, if in his opinion il should
be proper for purposes of trade, or the Avelfare of the United
Stales. But the present proposal Avas of an entirely dif
ferent character, and not justified by the former resolution
of Congress. For this plan might commit the peace of the
Union, and involve the country in a war, provoked or oc
casioned Avholly by the conduct of the South American
republics. And it Avas believed, that, for the purposes both
of commerce and of friendship, an Envoy at each separate
republic would be sufficient. The President had indeed
observed, that the Envoys sent to the proposed Congress
would be instructed not to enter into an alliance merely
political, or for the purpose of uniting the destinies of the
United States with those of the republics in the soiith ;
but he believed it might be of great benefit to the nation
to have delegates present al the intended meeting, if they
did not take so full and decided a part in the proceedings
as those who had invited them should desire, nor give any
pledges of an alliance of any sort. The House of Represen
tatives called for further statements from the President, as
to the views of those who proposed the Congress of Pan
ama, and invited the United States to lake part iu the meet-

* It was supposed to be first suggested by General Bolivar, some time al
the head of the republic of Colombia; and that Peru and Chili should also
join in it. The views of Bolivar were to form a close alliance, and to pledge
mutual assistance to resist European aggressions.

316 FEDERAL GOVERNMENT, [1826
ing ; and also as to his views respecting the powers and
instructions he should give to such delegates, if they were
commissioned. So far as the views of the President were
expressed in his public message, they were not liable to
exception, but were just and prudent ; nor did it appear
that he Avas more disposed to assent, or to establish any
connection with the new republics in the south, than his
predecessor had been.
The committee of the Senate, Avhich had the subject un
der consideration several Aveeks, reported, in March, that it
was inexpedient to send Envoys from the United States to
the proposed Congress. But the report Avas not accepted ;
there being only nineteen votes in favor of the report, and
twenty-four against it. And the nomination of two persons,
as delegates to the meeting at Panama, Avas then confirmed
by a similar majority of the Senate, One of them, Mr,
Sargent of Pennsylvania, afterwards proceeded on the mis
sion ; but the Congress Avas not holden as had been proposed.
Perhaps it was fortunate for the character and welfare of
the United Slates, that il failed. It would have jeoparded
the peace of the nation, aud have also been a deviation from
the settled policy of the government to form a confederacy
of any sort with the Mexican and South American repub
lics ; commercial objects could be sufficiently promoted by
separate treaties Avilh each. And having accepted the invi
tation to attend the Congress, and commissioned agents to
be present, the United States seemed to give a pledge to
take part in the designs of the confederacy ; and a refusal
then to unite in the general objects of the Convention would
have given offence, and produced future difficulties. It was
evidently the desire of those who invited the United States
government to send deputies to the Congress of Panama,
that it should unite effectually with the new republics in
the south, for political purposes,* even to a forcible re
sistance to any efforts by European governments to estab
lish their former power over those provinces. But to this
the people of the United States Avere strongly opposed ; and
therefore generally disapproved of the federal government
taking any part in the projects or deliberations of that con
vention. The motives of the executive were admitted to be laud-
•able and patriotic ; and his ready acceptance of the invita
tion to have delegates from the United Slates in the pro-
* A treaty of amity and commerce was made with Colombia, in October,
1824 ; and with Central America, in December, 1825,

1826] • ADAMS. 317
posed Congress, was proof of his desire to favor and support
the great cause of civil liberty ; but the conduct of the Presi
dent was not approved, in declaring that delegates should
attend, without having the express sanction of Congress, or
the previous opinion of the Senate in favor of the measure.
It was said, that the President had exceeded his constitu
tional power, by promising to send delegates to the proposed
Congress, without knoAving the views of the Senate, the
co-ordinate branch of government, possessed of authority to
form treaties. And that, as the powers of the delegates to
such a body as the Congress of Panama was understood to
be, Avould far exceed those of common Envoys, and might
lead to mosl important and extensive results, affecting the
future destiny of the United Slates, a solemn act of the na
tional legislature would be necessary to justify the measure.
An objection was also made to the measure, from the con
sideration that the question of slavery was to be discussed
in the Congress proposed. This objection was urged by
members of the Senate from some of the slave holding Stales,
who believed that principles might be recognized on the sub
ject, and plans concerted, which Avould interfere with the con
tinuance of slavery in any part of the United Slates ; which
would be contrary to the spirit of the federal Constitution,
and produce incalculable evils in the southern parts of the
Union, Had the declarations of the President, contained in his
message relating to this subject, been carefully and can
didly considered by the members of Congress, there prob
ably would have been less censure expressed as to his
conduct. Whether the measure was a wise one, was in
deed a question of very great importance, and required ma
ture deliberation, as it might be folloAved by results injuri
ous to the welfare of the United Stales, And it was, there
fore, a proper subject of consideration Avith Congress,
whether delegates should be sent to the Convention at
Panama. But an opinion different from that given by the
President, might have justly been expressed by members of
Congress, without impeaching the judgment or the motives
of the executive. That the President proposed no more
than to employ Envoys to attend the meeting at Panama,
where the republics of Mexico, Central America, (Guati-
mala.) Colombia, Peru, and Chili, would be represented,
will appear from a reference to his message to Congress on
the subject. " With regard to the objects in which the
agents of the United Stales are expected to take part in the
deliberations of that Congress, [at Panama,] I deem it

318 FEDERAL GOVERNIMENT, [1826
proper to premise, that these objects* did not form the only
nor even the principal motive for my acceptance of the in
vitation. My first and greatest 'iuducement was, lo meet iu
the spirit of kindness and friendship, an overture made in
that spirit by three sister republics of this hemisphere,
"Among the topics enumerated, as intended to be pre
sented for discussion at Panama, there is scarcely one in
which the result of the meeting AviU not deeply affect the
interests of the United States. Even those in which the
belligerent States alone will take au active part, Avill have
a powerful effect upon the state of our relations with Ihe
American, aud probably Avilh the principal European Stales.
Were it merely that we might be correctly and speedily
informed of the proceedings of the Congress, and of the
progress and issue of their negotiations, 1 should hold il
advisable that we should have an accredited agency Avitli
them, placed in such confidential relations with the other
members, as would ensure the authenticity, and the safe
and early transmission of its reports. Of the same enumer
ated topics are the preparation of a manifesto, setting forth
to the world the justice of their cause, and the relations
they desire lo hold Avith other Christian powers ; and to
form a convention of navigation and commerce, applicable
both to the confederated States and to their allies, Mosl
of the new American republics have declared their assent
to the doctrine, that no European power has a right to es
tablish future colonies in either continent of America ; and
they now propose, among the subjects of consultation at
Panama, to take into consideration the means of making
effectual the assertion of that principle, as well as the
means of resisting interference from abroad with the do
mestic concerns of the American governments,
" In alluding to these means, it would obviously be pre
mature at this time, to anticipate that Avbich is offered
merely as matter for consultation I or lo pronounce upon
those measures Avhich have been or may be suggested.
The purpose of this government is to concur in none Avhich
would import hostility to Europe, or justly excite resent
ment in any of her Stales, Should il be deemed advisable
to contract any conventional agreement on this topic, our
• So far as stated by the authorities of Colombia, which gave the invitation, the
objects were political as well as commercial ; and had in view an alliance for
the defence of republican principles and institutions, in opposition to any inter
ference from European governments, Sut there was some vagueness in the
language of the paper containing the invitation ; and this was one objection
to sending any agents to Panama,

i826] ADAMS. 319
views would extend no further than to a mutual pledge of
the parties to the compact, to maintain the principle, in
application to its own territory, and to permit no colonial-
lodgments. Or establishment of European jurisdiction upon
its own soil — and with respect to tlje obtrusive interference
from abroad, if its future character may be inferred from
that Avhich has been, and perhaps still is exercised in more
than one of the ucav States; a joint declaration of its char
acter, and exposure of it to the world, may be probably all
that the occasion Avould require. And whether the United
States should or should not be a party to such a declara
tion, may justly form a part of the deliberation.
" That there is an evil to be remedied, needs little in
sight into the secret history of late years, lo know, and
that this remedy may be best concerted al the Panama
meeting, deserves at least the experiment of consideration.
A concert of measures, having reference to the more ef
fectual abolition of the African slave trade, and the consid
eration of the light in which the political condition of the
island of Hayti is to be regarded, are also among the sub
jects mentioned by the minister from the republic of Colom
bia, as suitable for deliberation at the proposed Congress.
" And lastly, the Congress of Panama is behoved to
present a fair occasion for urging upon all the neAV Slates
of the south, the just and liberal principles of religious lib
erty; not by any interference whatever in their internal
concerns, but by claiming for our citizens, whose occupa
tions or interests may call them to occasional residence in
their territories, the inestimable privilege of worshipping
their Creator according lo the dictates of their own con
sciences,* " Under all these circumstances, the-government of the
United States, far from consulting the dictates of a policy
questionable in its morality, yielded to an obligation of
duly of the highest order, by recognizing as independent
Stales, nations, which after deliberately asserting their
rights to that character, have maintained and established
il against all the resistance, which had been or could be
brought to oppose it. This recognition is neither intended
to invalidate any right of Spain, nor lo affect the employ
ment of any means, which she may yet be disposed or en-
* While this declaration was deemed highly honorable to the President;, as
a man and a Christian, it was considered by some individuals to be improper
in his official station, as chief magistrate of a political governiuent, which had
no authority in religious concerns ; and as delegates of the United States
would attend, if they attended at all, chiefly for commercial purposes.

320 FEDERAL GOVERNMENT, [1826
abled to use, Avith the view of reuniting those provinces to
the rest of her dominions. It is the mere acknowledgment
of existing facts, with a view to the regular establishment,
with the nations newly formed, of those relations, political
and commercial, Avhicli il is the moral obhgation of civil
ized and Christian nations to entertain reciprocally with
one another,
" I can scarcely deem it otherwise than superfiuous to
observe, that the assembly will be, in its nature, diplomatic,
and not legislative : that nothing can be' transacted there
obligatory upon any one of the States to be represented at
the meeting; unless with the express concurrence of its
own representatives ; nor even then, but subject to the rati
fication of its constitutional authority at home : the faith
of the United States to foreign poAvers cannot otherwise be
pledged, I shall, indeed, in the first instance, consider the
assembly merely as consultative : and although the pleni
potentiaries of the United States will be empowered to re
ceive, and refer to the consideration of their government,
any proposition from the other parties in the meeting, they
will be authorized lo conclude nothing, unless subject to
the definitive sanction of this government, in all its consti
tutional forms. It has therefore seemed to me unnecessary
to insist, that every object to be discussed at the meeting,
should be specified with the; precision of a judicial sentence,
or enumerated with the exactness of a mathematical
demonstration." *
* Very elaborate speeches were made in Congress, while this subject was
under consideration. In favor of having delegates from the United States in
the proposed meeting at Panama, were Webster and Everett of Massachusetts,
Verplanck of New York, McLane of Delaware ; and opposed to it, Barbour,
Rives and Archer of Virginia, Hamilton and McDuffee of South Carolina, and
Forsyth of Georgia. In the course of the debate, various amendments were
proposed to the resolution, the most material was one offered by McLane of
Delaware, to this effect— that no promise or pledge be given by the delegates,
by which the United States would be bound to take part in any disputes be
tween the South American States and Spain ; or to enter into anv political
alliance. The amendment was opposed, as it was believed to interfere with
the prerogative of the executive.
The following remarks on the message of the President to Congress — m
which he stated his views, at great length, respecting the proposed meeting, at
Panama, of delegates from the United States, Mexico, and the republics of
Central South America — appeared in a London paper of April following :
" A more important state paper has rarely been submitted to public con
sideration. It announces, with great distinctness, the policy intended to be
pursued by the United States, in their intercourse with the new nations of
America : and its tone, (with some slight exceptions,) is sufficiently calm and
moderate. Our only doubt is, whether the actuating spirit of the whole, be
not a larger ambition than perhaps the President would, even to hunself, be
disposed to own.

1826] ADAMS, 321
Much of the time of Congress, during the months of Jan
uary, February, and March, of this session, (1826,) was
occupied in discussing propositions to alter the Constitution,
relating lo the election of President, with a view to prevent
a choice by the House of Representatives, and to provide
for the election, by agents of the people in the several
States, chosen for that express purpose. The propositions
offered on this subject, contemplated a second trial by the
" We have always found a great awkwardness and difficulty in speakingi of
the United States as a nation, for want of one simple and exprfessive term by
which to designate them. Now that Anjerica is divided into several indepen
dent sovereignties, it becomes absurd to call any one of^ them the American
government. The people of the United States are no w, for the first time ,
surrounded by communities just rising into pplitical existence ; each of which
is far inferior to them, in population, wealth, in military and naval force, in
science, in experience, in all the elements of power, physical and moral.
These natiohs must of course form a system of international communion with
each other ; and of that system, the United States evidently wish to place
themselves at the head. We do not say, that the desire of influence thus
evinced is unnatural ; nor do we assert that it is absolutely impolitic ; but it
does appear to, us to demand the vigilance of other great power^ ; and rhore
especially of the greatest power at present existing, our ovvn. It is perhaps
a flattering reflection to those ' Who spenk the tongue
That Shakspeare spoke, the faith and morals bold
Which Milton held,'
to consider, that, in each hemisphere, the nation manifestly outshining a]!
the others, is British, in birth, and language, and spirit, ' If the continent of
America, with its dependent islands, could be wholly separated, in views and
interests, from the other quarters of the globe, we should feel a just national
pride, that the sons of our ancestors held, in those remote regions, the balance
of power, and guided the march of civilization. Perhaps some such political
vision may have crossed the mind of Mr. Adams ; for he says, ' America has
a set of primary interests, which have none or a remote relation to Europe,
and therefore the interference of Europe in those concerns should be sponta
neously withheld. ' To this doctrine, we cannot entirely subscribe. We ade
mit, that there are many modes, in which the European powers ought not to
interfere. For instance, the members of the Holy Alliance should not pretend
to dictate to the ex-colonies of Spain any terms of concession, much less of
submission, to the mother country : but it is by no means so clear to us, th^t
there are not many primary interests of the American nations, with which it
would be no less just or politic in us, than in the people of the United States,
to interifere : and, at all events, we should have an undoubted right to oppose
the interference of any power whatever, if it were pushed so far as to conflict
with our own welfare,
" The President says, ' the first principle which will guide the United States,
in their intercourse with the new nations, is disinterestedness.' This is, no
doutit, highly laudable in intention, and we have only to hope that it will be
constantly followed in practice. The next principle is, good will,, which we
see no reason to question. The third, and rather more tangible principle, is
reciprocity. These are all the principles which Mr. Adams enumerates ; but
it appears to us, we confess, that the objects, which he afterwards states, as
likely to come into discussion at Panama, do not lie within quite so narrow a
circle," 41

322 FEDERAL GOVERNMENT. [1826
people, or their immediate agents, when there should be no
choice at the first time of voting. The desire to alter the
Constitution in this respect, was the more general and the
more earnest, as the then late election of President had de
volved on the House of Representatives, in consequence of
there being no choice by the electoral colleges in the several
States. It was urged, that in the event of an election of
'President, by the Representatives, there would be. an oc
casion for undue influence, and for intrigue ; and it was
even pretended, that such influence and intrigue had been
exerted in the recent election of the chief magistrate of the
Union. There was no evidence of such influence, nor was
it even rendered probable that any corrupt measures had
been pursued in making the election. But the political
enemies of the President seized upon the occasion, to ren
der him unpopular, and to press an alteration of the Con
stitution, for the purpose of preventing an election by the
House of Representatives at any future period. The prop
ositions were various, as to the mode, of securing an elec
tion by the people, by the several Slates, and no specific
amendment was agreed upon by the requisite majority, to
be offered to the people. Many members of Congress were
opposed to all the propositions presented for an alteration
of the Constitution ; believing that the mode pointed out
was attended with as little difficulty or danger as any
which had been or could be proposed,*
The question of a general bankrupt law was again dis
cussed during this session of Congress, and there was a
prospect, at one period, that a law would have been passed
on the subject. Some of the ablest men then in the national
legislature were advocates for such a law, in the belief that
it would prove highly beneficial to the merchants and
other traders, while it could not operate injuriously to any
other classes in the community. The opinion of the ma
jority was favorable to an extension of the provisions and
benefits of the bill to other classes of citizens, and different
views were expressed with reference to some of the details,
and no law was matured on the subject.
The power of Congress to appropriate the public funds
for internal improvements, especially for, roads, the util
ity of which were necessarily limited to a part of the

* Mr, Everett of Massachusetts, opposed the proposition with great ability
and eloquence ; and contended that the will of the people was as sure to be
followed in the present maimer of electing the President, as by any method
irhich was proposed.

1826] ADAMS, 323
nation, Avas under consideration again with the federal
legislature, at this time. The question arose on a propo
sition to expend a further sum for repairing and extending
the Cumberland road. This road was considered of great
national advantage and convenience; ^s it furnished a
commodious way from the Atlantic settlements to the Ohio
river, and to the extensive and populous country in the
vaUey of the Mississippi, west of the Alleghany mountains.
Some members favored this project, who were opposed to
internal improvements generally, by Congress, on the prin
ciple, that the Constitution gave no power for the purpose.
On several occasions, when the subject was presented,
Congress was nearly equally divided. But after the road
was opened and made, it was considered proper, by those
who usually voted against internal improvements, that the
Cumberland road should be repaired, and put in a good
condition for travel ;, and that it was as proper to extend it
still farther west, as to have made it to the Ohio river..
President Madison aud President Monroe had been op-,
posed to internal improvements, by Congress, except for
national objects of evident necessity, oi; great importance.,
In March, 1806, when Mr. Jefferson was President, an act
was passed for making a road from Cumberland, in thja
Stale of Maryland, or near that place, and on the north
bank of the Potomac river, to the river Ohio. Afterwards,
and at different periods, money was appropriated to finish
and repair the road. It was now .broiight forward in the
general appropriation bill, an item of which was eighty
thousand dollars for repairs of this road,, and also for its
continuance farther west. The appropriation was opposed
by those who doubted the authority of Congress to expend
money for such objects ; while others, who were reluctant
in voting money for internal improvements on general prin
ciples, were in favor of the appropriation in this case, as it
would be of great public convenience ; and ,as the road, to
be useful at all, imperiously required repairs. In 1820,
Congress also authorised ,'the President to cause a road to
be laid out from the river Ohio to the Mississippi, which
was to be a continuation of the Cumberland road.
The vote, at this tune,, for an appropriation to repair the
Cumberland road, indicated the views of members of Con
gress on the subject of internal improvements ; for it was!
long discussed, and several members "went fully into the
constitutionality of this and similar measures. In the
Senate, the votes given, were twenty-three in favor and
fifteen against the appropriation. And in the House of

324 FEDERAL GOVERNMENT. [1826
Representatives, they were ninety-two to sixty- three. And
at the same session. Congress authorized the executive to
subscribe on behalf of the government for shares in the
Dismal Swamp canal, so called, Avithin the Slate of Vir
ginia, to the amount of sixty thousand dollars; which was
a direct recognition Of the power of Congress to construct
works for the public convenience. An act Was also passed
for a survey in Florida, with a view to construct a canal
across the peninsula, from the Atlantic lo the Gulf of
Mexico. '
At this session, a bill Avas reported by the committee on
the Judiciary, providing for the appointment of two ad
ditional Justices of the Supreme Court of the United
Stales ; and for holding Circuit Courts in the western parts
of the Union, in more places than was required by the
former laws of Congress, The population had greatly in
creased in that section of the country, and the public
business called for a larger number of Judges, and for
additional places of holding the federal courts. But a
disagreement arose between the Senate and the House of
Representatives, respecting the extent of the respective
circuits proposed lo be formed, and no law was passed on
the subject. The conduct of the Senate in this affair, was
very singular, and gave occasion to some severity of re
mark. The joint committee of the Senate and House of
Representatives had agreed to the provisions of the bill re
ported,, but the former subsequently made an alteration of
incommodious practical effect, by proposing new circuits,
of unequal territory or population; and, with great per
tinacity, adhered lo the changes they proposed in the
original bill, when desired by the House lo have a com
mittee of conference, as is usual in all similar case*. The
majority for the original bill, in the House, was very large ;
for it was so formed as evidently to consult the public
convenience; and no reason was given by the Senate, to
justify the course pursued in that branch of the legislature.
Whether it were owing to parly views, or to a spirit of
mere caprice, was uncertain and conjectural.
A law was passed during this session of the national
legislature, directing the appropriation of land, for the sup
port of schools in all the townships- and parts of townships
belonging to the United States; where lots had not been
previously set apart for that object. There was an act of
C5ongres,s, of a former dale, granting a lot of land for schools
or academies, in surveying townships on the public do
mains. It was now required, that similar appropriations

1826] ADAMS. 325
be made in fractional parts of townships ; and no one
doubted the right of Congress to make such appropriations.
But those disposed to a strict construction of the Constitu
tion might have said, that all the public lands should be
sold for the benefit of the public treasury, and noiie granted
for schools or roads.
This Avas a protracted and arduous session ; and several
important subjects Avere under consideration, other than
those already noticed, on which there was no mature
action, A bill for an allowance to the officers and soldiers
of the continental army, in the Revolution^ who enlisted
for the term of the Avar, and served to the close, and lo
whom half pay for life, or a bounty, had been promised
by Congress, in 1780 and 1781, was proposed, and ably
urged, by Hemphill of Pennsylvania, Webster of Massa
chusetts, Drayton of South Carolina, and others ; but it
did not receive the sanction of the majority. Objections of
different kinds were offered to the proposition, and no bill
was formed, which, in all its details and provisions, could
obtain the approbation of Congress; and yet there was
evidently a sentiment prevailing among the members favor
able to an allowance of some sort ; and that as a matter of
justice and equity, as well as of generosity and gratitude.
The claim of the State of Massachusetts for servfces of
the militia, in 1812 — 1814, during the war with Great
Britain, was a subject of debate for several days. The
principal objection to an allowance of the claim was, that
the militia were called out by the authority of the State,
and not in compliance with requisitions by the President or
officers of the United States, It Avas not denied, that the
service was performed, and that they were only called into
the field when the' danger of invasion existed, and their aid
for defence was needed. But, as the militia were not in all
cases ordered out and placed Avhen and where the United
Stales officers proposed, it Avas contended there was no just
demand on the general government for reimbursement of
the expenses incurred. On the other hand, it was stated,
that the early calls for the militia, were not such as to make
it constitutionally imperative on the governor of the State,
to place them under the control of the officers of the United
States ; and that in all instances, in which they were in the
field and under pay, there Avas a necessity for their services
to defend the towns on the seaboard, and to repel invasion.
Congress was adjourned before any decision took place on
the question ; but at a subsequent session, a great part of
the claim was allowed, after full proof that the services of

326 FEDERAL GOVERNMENT. [1826
the militia of that State were necessary for the defence of
the country,
A bill for a uniform system of bankruptcy in the United
States, Avas long debated in both branches, of the legislature
at this session ; and some of the ablest men in Congress
advocated it. But after various objections and several prop
ositions lo alter the original bill, il Avas postponed in the
Senate, greatly to the regret of the trading and mercantile
part of the nation. In all commercial countries, bankrupt
laws have operated to the relief and benefit of the unfortu
nate ; and secured to all creditors an equal advantage ;*
which cannot otherwise be effected. There must have been
some unjust prejudices in the minds of the opponents of
such a law ; or some misapprehension as' to its operation and
effect. For il is the only remedy yet found in trading com
munities, for the misfortunes of honest men. The creditor
is not kept out of liis demands by the law ; for Avithout it,
he may receive nothing ; -with it, he is certain of his share
in what estate the bankrupt possesses.
Authority Avas given at this time for preparing a treatise,
al the expense of the federal government, on the culture of
the silk worm and of mulberry trees; and for giving infor
mation on the manufacture of silk in the United Slates, —
The importation of silk goods amounted to more than seven
millions of dollars in 1824 ; and in 1825, to ten millions ;
about two millions Avere exported. In 1821, the amount of
this article imported Avas not more than half that of 1825, -j-
The message of the President to Congress, in December,
1826, al the commencement of the session, was a full and
faithful statement of public measures, and of the political
condition of the United Slates, al that period. Il was highly
creditable to his ability as a statesman, and his fidehty as a
patriot. The members of Congress and the people could
not fail to learn from it the true slate of the nation, as to
its connection Avilh foreign governments, or its internal af
fairs. In a domestic view, the federal, republic was tran
quil and prosperous : and with all other countries, it was
* Forty-five millions of the public debt had now been paid, smce 1817 — in
about eight years, besides other gr^at but necessary expenses : seventy-nine
millions remained unpaid, which h was supposed might be cancelled in ten
years. Large sums were expended yearly for support of the army and navy,
for fortifications, surveys of public lands ; and for Indian purchases, which were
extensively made from 1822 to 1825.
t It was stated at this time, that in 1774 and 1775, in Georgia, the culture
of the mulberry tree and the silk worm had been much attended to ; and that
20,000 lbs. of cocoons were sent to England from that colony.

1826] ADAMS, 327
on terms of a friendly understanding ; though some subjects
were still pending for discussion and settlement between
them; The federal government then had treaties with all
the nations of Europe ; and nothing had occurred to indi
cate any unfriendly collisions. There Were indeed differences
of opinion on commercial subjects ; but efforts were assid
uously made to have them adjusted on terms favorable to
the United States. Most of the continental nations of Eu
rope had agreed to commercial intercourse with the United
Slates on principles of a fair reciprocity. On several of
them, the American citizens had demands for spdliations
during the years of 1812 — 1815, and for some years pre
viously to that period. These had been repeatedly pressed
on those governments, but Avithout success. The claims
were not abandoned by President Adams ; but, in several
cases, under his able administration, they were admitted
and allowed. With the French government, there Avas a
good understanding ; and in concluding a commercial treaty,
it Avas liberal and friendly towards the United Slates ; but
il was very reluctant in yielding to the claims for depreda
tions on the property of American citizens by the govern
ment of that nation in former years. Of the friendly dis
position of the Russian Emperor towards the United States,
the President spoke very emphatically ; and referred to the
character of the Emperor Alexander, then recently deceased,
in terms of high commendation,-.
The commercial relations between the United Slates and
Great Britain Avere farfrom being satisfactory to the gov
ernment of the former, . England had long discovered a
¦ selfish or monopolizing spirit on the subject of trade and
navigation Avith America : and various attempts had been
made by former administrations of the federal government,
to place the commerce of the United Slates, Avith that nation,
on " a more favorable basis, and to enjoy a real and just re
ciprocity of privileges and benefits." The trade with places
within the kingdoni of Great Britain was almost entirely
unexceptionable ; but the British colonial ports were shut
against trade with the United Slates in American vessels;
or was so burthened Avith duties as to be wholly unprofitable.
Countervailing duties had been imposed by the government
of the United States ; but their operation did not secure the
benefits desired ; nor iremove the disadvantages to the Amer
ican merchants arising from British restrictions and regu
lations. President Adams early sent Mr, King* of New
* In speaking of this appointment, the President said, " one of our most
distinguished cilizeus has been despatched," And this commendation was

328 FEDERAL GOVERNMENT, [1826
York to the British court, with a view to regulate the com
merce between the two nations on more favorable terms
than it then Avas, or before had been, Unforluufitely, the
slate of this minisler's health did not admit of his immediate
attention to the subject. The same exclusive, unconciliating
spirit was also manifested by the British administration at
this time ; for just before the American minister arrived in
England, an order of the British council was issued, ex
cluding the vessels of the United Slates — after the first of
December — from all their colonial ports, excepting those
immediately bordering on the territory of the Union. When
the minister expostulated on this measure, so unexpected,
he was informed, " that, according lo the ancient maxims
of policy of European nations, the trade of their colonies
was an exclusive possession of the mother country : and
that all participation in it by other nations was a boon or
favor, not forming a subject of negotiation, but to be regu
lated by legislative acts." The British government thus
abruptlydeclined all discussion respecting tlie trade between
their colonies and the United Slates : and this measure Avas
the more surprising, in that the only reason given for resort
ing to il at this time, when a special mission was instituted
to adjust the embarrassments attending the colonial trade,
-was because the United States had not promptly and ex
pressly accepted the terms offered by an act of the British
Parliament of July, 1825, In this respect, the government
of England discovered a less friendly, or accommodating
spirit towards the United States, than towards other nations.
The principal difficulty arose from the policy of the British
government, in excluding American vessels from their col
onial ports, to secure all the advantages of the trade to their
own subjects and in their own vessels. To obtain a proper
portion of the carrying trade Avith the British colonies for
citizens of the United Stales, had been the constant aim of
the federal government, from its first establishment; but
fair and liberal terms were never consented to by the ad
ministration of Great Britain, President Adams was as
unremitting in his efforts to accomplish the object as any
of his predecessors had ever been,*
justly due to Mr, King, A man of more influence with the British court could
not probably have been selected in the whole country : etnd he had also uni
formly asserted and defended the commercial rights of the United States. And
Mr, Adams, in all his previous public stations, had invariably insisted on a fair
reciprocity, in the regulations of trade and navigation with Great Britain and
her colonies,
* By an act of the British Parliament, the trade with their American colonial
ports was opened to other nations on more favorable ternis than had formerly

1826] ADAMS. 329
The view of the finances of the United States, presented
by the President, at this time, Avas highly faA'drable : though
the revenue derived from imports was not altogether of so
large an amount as for the preceding year, A severe shock
had been experienced by the manufacturing and commercial
interests of Great Britain, which had affected the revenue
of the United States, as the importations from England
Avere thereby reduced from those of 1825.* Bill this dim
inution, in the opinion of the President, was to be attributed
in part to the fiourishingconditionof domestic manufactures,
and was therefore compensated by an equivalent even more
important to the nation. This small deficiency in the rev
enue had not interrupted the payment of the usual portion
of the public debt, in conformity to the system of annual
reduction established by Congress ; being eleven millions of
dollars, besides the interest on the whole, amounting to six
millions ; and leaving five millions and a half in the
treasury at the close of the year. The receipts of the year
were estimated at twenty-five milhons and a half; and the
public expenditures, of every description, did not amount to
that sum by one and a half million. Within the period of
ten years, the annual revenue had not been equal on two
occasions to the necessary expenditures of the government,
and a resort had been had to loans. But al this time, it was
sufficient, after defraying all current expenses, to discharge
the usual amount of the national debt, as well as to pay
large sums due for interest. This judicious system was
matured under the administration of Mr. Monroe ;t but Mr,
Adams observed and confirmed it ; and strongly urged a per
severance in this prudent and economical course, that the
debt of the nation might be gradually reduced, and wholly
been permitted, but it was required, that such nations as were desirous of en
gaging in the trade, should, by a formal act within a specified period, agree to
the terms proposed. The United States government did not declare its consent
and agreement to the act of Parliament within the time mentioned; and when
Mr, King, and after him Mr._ Gallatin were authorized to negotiate on the
subject, the British ministry declined; alleging, that it was a matter for legis
lative regulation. This determination was wholly unexpected, and served to
protract the difficulty and embarrassments of trade to ports in the West Indies,
which was formerly pursued with great profit by citizens of the United States,
* Pitkin states the whole amount of imports to be, in 1825, ninety-six rail-
lions of dollars, and in 1826, eighty-four millions and nine-hundred thousand
dollars; of which sum, in 1825, thirty-six millions seven hundred and ten
thousand dollars was from Great Britain: and in 1826, twenty-six millions
and one hundred thousand dollars.
t Mr, Lowndes, of South Carolina, proposed and advocated this provident
plan,
42

330 FEDERAL GOVERNMENT. [1826
extmguished within the period before contemplated. He
was in favor of internal improvements, and of a gradual
increase of the navy ; yet he considered it highly important,
that the public debt should be constantly diminished, and
the strictest economy practiced in the expenses of the gov
ernment. In referring to the slate of the army and navy, the
President said, the former was Avell disciplined and well gov
erned ; that although small, il was sufficient for all neces
sary purposes of the government, and as the germ of an
efficient national force in any unforeseen exigency : while
employment was found for the officers and soldiers com
posing il, in building and repairing fortifications, and in pro
tecting the inhabitants on the frontiers. The navy, he
recommended to the attention of Congress, and expressed
an opinion in favor of its gradual increase, agreeable to a
system adopted during the administration of his predecessor.
The voice of the country, he observed, Avas for its support,
as the mosl proper and only safe means of defence, by force,
in our government ; especially as it was an efficient pro
tection lo commerce and navigation, so essential to the
prosperity of the United States.
" The gradual increase of the navy," said the President,
"was the principle, of which the act of April, 1816, was
the first development. It was the introduction of a sys
tem, lo act upon ihe character and history of our country,
for an indefinite series of ages. It Avas a declaration of
Congress, at that time, to their constituents and to pos
terity, that it was the destiny and the duty of these con
federated Slates lo become, in regular process of time, and
by no petty advances, a great naval power,* That which
they then proposed to accomplish in eight years, is rather
to be considered as the measure of their means, than the
limitation of their design. They looked forward for a
term of years sufficient to the accomplishment of a definite
portion of their purpose ; and they left it to their succes
sors to fill up the canvass, of which they had traced the
large and prophetic outline. The ships of the line and the
frigates, Avhich they had in contemplation, will be shortly
completed. The time which .they allotted for the accom
plishment of the work has more than elapsed. It remains
for your consideration how their successors may contribute
* This act provided for the building of nine ships of war, of seventy-four
guns each, and twelve of forty-four guns each: and appropriated a million of
dollars annually, for eight years, for that purpose. Congress did not manifest
an opinion so strongly favorable to the increase of the navy as the President
expressed m his message.

1826] ADAMS. 331
their portion of toil and treasure, for the benefit of the suc
ceeding age, in the gradual increase of the navy."
It appeared by the message of the President, on this oc
casion, that nearly a million and a half of dollars were
required to pay the pensions, previously allowed by Con
gress, to the survivors of the soldiers of the Revolution : but,
in his estimation, the appropriation was alike hoftorable and
just* The subjects mentioned by the President in his message,
and recommended to the notice of Congress, engaged their
early attention ; and were discussed in each branch of the
legislature during the session ; but as it was closed the
third of March, there was not sufficient time for maturing
laws to carry into effect all the measures which he pro
posed. But few laws, of a very important or general
character, were passed at this time, though others were
urged with great ability and zeal by several members.
There was, at this period, a very strong feeling in Congress,
as to the theory and views of the executive ; and with
many a disposition to scrutinize, more closely than com
mon, the recommendations of the President. Some sup
posed his objects were visionary or would be needless, and
would draw after them great expenses : and he was also
* This very able state paper concluded as follows: — " I trust that it will
not be deemed inappropriate to the occasion and purposes on which you are
assembled, to indulge a momentary retrospect, combming in a single glance,
the period of our origin, as a national confederation with that of our present
existence, at the precise interval of half a century from each other. Since ^
your last meeting at this place, the fiftieth anniversary of the day when our
Independence was declared, has been celebrated throughout the land: and on
that day, when every heart was bounding with joy, and every voice was tuned
to gratulation, amid the blessings of freedom and independence, which the
shes of a former age had handed down to their children, two of the principal
actors in that solemn scene, the hand which penned the ever-memorable de
claration, and the voice that sustained it m debate, were, by one summons, at
the distance of seven hundred miles from each other, called before the Judge
of all, to account for the deeds done upon earth. The departed, were cheered
by the benedictions of their country, to which they left the inheritance of their
fame and the memory of their bright example. If we turn our thoughts to the
condition of their country, in the contrast of the first and last day of that half
century, how resplendent and sublime is the transition from gloom to glory!
Then glancing through the same lapse of time, in the condition of the individ
uals, we see the first day marked with the fullness and vigor of youth, in the
pledge of their lives, their fortunes, and their sacred honor, to the cause of free
dom and of mankind: and on Ae last, extended on the hed of death, with sense
and sensibility.left to breathe a last aspiration to Heaven of blessing upon their
country: may we not humbly hope that to them, too, it was a pledge of transi
tion from gloom to glory; and that, while their mortal vestments were sinking
into the clods of the valley, their emancipated spirits were ascendmg to the bo
som of their God."

332 FEDERAL GOVERNMENT. [1826
charged with entertaining such views of the Constitution,
as that very extensive and internal improvements might
jusdy be made, though there might be large expenditures
m the execution. And the majority, at that period, were
opposed to expenditures for such objects, except they Avere
mosl plainly necessary for the public defence and safety.
The politicRl friends and opponents of the administration,
were thus very equally divided.
While the national legislature Avas in session, al this
time, intelligence Avas received from the Envoy at the
Court of London, that a Convention had been concluded,
in November, belAveen the United States and Great Britain.
This Convention did not relate to commercial intercourse
between the iavo countries;* for it has been seen that the
British ministry had declined entering into any negotia-
* The following articles, proposed by the President, will show his views of
a proper commercial Convention with Great Britain — " Whereas, by the trade
as it now exists under the respective laws and rog,ulations of the two nations,
between certain ports of the British colonies in .America and the AA'est Indies,
and the ports of the United States, discriminating duties and charges are recipro
cally imposed and levied on the vessels and cargoes of each nation in the ports
of the other; and as it is the desire of the parties, for the reciprocal advantage of
their citizens and subjects, to abolish all such discriminating duties and charges;
it is agreed, that upon the vessels of the United States, admitted by law
into all and every one of his Britannic Majesty's colonial ports, and upon any
goods, wares, or merchandize lawfully imported therein, in the said vessels, no
other or higher duties of tonnage or impost, and no other charges of any kind
shall be levied or exacted, than upon British vessels, including all vessels of
the colonies themselves, or upon the like goods, wares, or merchandize im
ported into the said colonial ports from any other port or place whatever, in
cluding Great Britain and the colonial ports themselves: and that upon the
vessels of Great Britain aduiitted by law into all and every one of the ports of
the United States, and upon any goods, wares, and merciiandize luwfully im
ported therein, in the said vessels, no other or higher duties on tonnage or
impost, and no other charge of any kind shall be levied or exacted, than upon
vessels of each and every one of the said States, or upon the like goods, wares,
or merchandize imported into the United States from any other port or place
whatever, ' '
" For the more perfect fulfilment of the intention of the high contracting
parties, as expressed in the foregoing article, it is agreed, that the trade to
which it has reference, shall continue on the footing on which it now stands
by the laws arid regulations of the two countries respectively; with the ex
ception of the removal, by Great Britain, of the duties speciiied in an act of
Parliament, June, 1822, — and of those specified in an act of Parliament, Au
gust, 1822, — and of the removal, by the United Slate.*, of all additional duties
of tonnage, in the light of foreign tonnage duty, and of all additional duties of
impost, in the light of foreign impost, existing against British vessels and
merchandize coming to the United States from any of the said colonial ports.
And the contracting parties pledge themselves to remove, reciprocally, the
duties herein recapitulated, as well as all other discriminating duties and
charges of whatever kind they may be, intended by this and the foregoing
.article, to remove ; it being the desire and intention of the parties to place the
aforesaid trade upon a footing of perfect equality in all respects,"

1826] .-VDAMS, 333
tions on the subject : but the object of the treaty was to
provide for carrying into effect some parts of the treaty of
Ghent, of 1815, The chief article was a stipulation to
compensate for the capture and detention of slaves belong
ing to the southern States, during the war of 1812 — 1814,*
This Convention Avas ratified by the President and Senate
soon after il was received : and a laAV Avas promptly passed
by Congress for giving effect to its provisions.
An appropriation of thirty thousand dollars was made
for repairs on the Cumberland road : lands were reserved
for seminaries of learning in Louisiana, in Florida, and in
Arkansas ; and a grant of public land Avas made to the
asylum of the deaf and dumb, in Kentucky, — In several
instances also, the President was authorized to cause sur
veys to be made for roads, and to lay them out, in the new
territories — thus recognizing the propriety of expending
the funds and property of the nation for internal improve
ments, and for the purposes Of education : and affording
proof that the majority in Congress at that time, were in
favor of promoting some objects of a general nature, at the
expense of the federal government,
A question on the President's authority to appoint diplo
matic agents in the recess of the Senate, or rather as tO'
the extent of his constitutional power in the allowances
made to them, arose in Congress, at this time ; and it was;
attempted to fasten a charge on the executive of having
made a greater allowance in one instance than was proper
or usual. The charge Avas, that the President had au
thorized an outfit, as well as an additional amount of salary
to a son of Mr. King, who was left as Charge d' Affaires,
at the British Court, on the return of the father, who had
been Envoy Extraordinary to that government : but whose
feeble health obliged him to retire from all public busi
ness. The propriety of having such a diplomatic agent
at the British Court Was very generally admitted ; it
Avas also admitted, that in the recess of the Senate, the
President might justly make such appointment; and it
was further considered, that the minister had properly de-
signaled his son, the Secretary of that legislation, to act in
behalf of the United States^ after his retirement, so that
their interest might not suffer. The principal charge then
* The treaty stipulated for the payment, by Great Britain, of the sum of '
$1,240,000 for compensation on account of the slaves carried away at that.
time.

334 FEDERAL GOVERNMENT. [1826
preferred Avas, that the President had not only added to
the stipend, but alloAved a sum as an outfit equal to a year's
salary, though the person thus employed was then in .b/Ug-
land. The question Avas proposed by a member of the House
from Tennessee, (Mr. Blair,) who was in the ranks of the
opposition to Mr, Adams ; and who with many others, had
yielded to a prevailing opinion, that the President Avas ex
travagant in the expenses of government, Mr. Forsyth of
Georgia, vindicated the conductboth of Ihe President, and the
minister, Mr. King, in appoinliiig one as Charge d'Allaires
near the British goveriiiniMit ; and in an additional com
pensation to that fixed by law for a Secretary of Legation.
But, if the President had allowed an outfit in this ea.se, he
expressed the opinion that it was improper. The majority
or a full moiety of Congress, at that jieriod, were disposed
to scrutinize the conduct of tho executive, in all instances;
in the belief, or Avith the pretence, that the President did
not strictly conform to the provisions of law, and Avas in
clined to exercise too much discretion. The charge Avoiild
lie, Avith far greater propriety, against the conduct of his
successor, who often chose lo assume responsibility, or to
construe the constitution and the laws in accordance with
his own views, and differently from the meaning given to
them by former Presidents, And his political friends never
failed to justify or excuse him; although they had, before
his presidency, strenuously contended that the executive
should have little discretion, and should do nothing but by
authority of express law.
A bill was introduced in the Senate, by one of the mem
bers of that body, Mr. Dickerson, from New Jersey, for
distributing a certain part of the public revenue among the
several Stales. But the proposition was not received Avith
much favor; and after a short discussion the bill Avas de
nied a second reading. The plan proposed was, instead
of expending large sums of thc public money for internal
improvements by the federal government, as was ilicn and
the year before strongly urged, and in some ca.ses voted,
that a portion of the national revenue, particularly from
sale of lands, should be distributed among the States for
such purposes; leaving it with the individual Slates to
apply it to the particular improvements Avliicli each respec
tively might prefer. The plan originated in a wish to
maintain State power and rights, and to prevent great cx-
jienditures by the national government, which would nat-

1827] ADAMS, 336
urally increase the influence and patronage of the govern
ment. It was contended also, that equal justice required
such a measure.
Great efforts were made again at this session of Congress
fpr the passage of a law establishing a uniform system of
bankruptcy, Mr, Hayne, of the Senate, from South Caro
lina, urged the adoption of a law for such a system with
great ability aud zeal; as iMr, AVebster of Massachusetts,
and others had before done in the House of Representa
tives; but the bill was opposed, on the pretence that il
Avould operate particularly for the relief of merchants, and
Avould be of no benefit lo the other classes of citizens. The
system could not have been injurious lo the farmer or me
chanic ; and the objection that it was exclusively for the
advantage of merchants, Avas therefore unreasonable. It
was the suggestion of prejudice, or of narrow views ; for it
is the merchant and trader only who need such relief.
The subject of commercial intercourse Avith the colonies
of Great Britain was also discussed at great length, during
this session of the national legislature. Il was one of pe
culiar interest and importance ; for the trade with the British
ports in the West Indies was so restricted by acts of Par
liament, that it could be pursued with but little profit by
the citizens of the United Slates, Each branch of the fed
eral legislature had a bill prepared on the subject ; and each
Avas several times debated. They did not differ materially ;
but it Avas said in the House of Representatives, that the
bill before the Senate did not fully protect the interests of
the United States merchants trading to those ports ; and no
laAV AA^as enacted as was proposed and expected. The differ
ence might have been adjusted by a committee of confer
ence of both Houses, as is usual in cases of disagreement ;
but this Avas not done in season, and the close of the session
prevented il. And on the 17th of March, by virtue of a
law passed three years before, the President declared, by
proclamation, that the trade with those ports was prohibited ;
as the discriminating duties of the British government had
not been removed. The proclamation of the executive, on
this subject, referred lo an act of Congress of March, 1823,
which permitted the trade between the United States and
the British ports in the West Indies to be free and unem
barrassed, so long as the latter should be open to American
vessels, Avithout additional duties, but, on an interdiction
by the British government, of their colonial ports lo vessels
of the United Stales, authorizing the President to make
such pubhc proclamation; and an order of his Britannic

336 FEDERAL GOVERNMENT. [1827
majesty in council had been issued in July, 1826, prohib
iting after December then next — and now passed — the trade
and intercourse Avilh those ports lo American vessels.
These various acts of interdiction, restricting the trade to
the West Indies belonging to Great Britain, operated inju
riously to the citizens of the United States, But the exec
utive of the federal government had made repeated at
tempts to regulate the trade on terms more favorable, and
in a conciliating and magnanimous spirit towards the gov
ernment of Great Britain,
The conduct of the State of Georgia, at this period,
towards the Indians Avithin its territorial limits, was such
as to threaten a direct and forcible collision betAveen that
State and the federal government. The government of that
State claimed lands, then and formerly occupied by the
original tribes, and the entire control and authority over
them; though ihey remained on their lands by the consent
of the general government, and treaties had been made with
them, promising them protection, until the terms for their
removal should be adjusted. The government of Georgia
complained that they did not remove, or were not forcibly
removed by the federal executive. That State also insisted
on a compliance with an agreement, by treaty, with some
of the chiefs of the Creek Indians, and then the principal
tribe within that State; but Which the majority of the
tribe highly disapproved ; and which was superceded and
annulled by a treaty made the year following, with the
proper agents or chiefs of the tribe, and was also ratified
by the President and Senate of the United States. The
latter compact Avas more favorable to the Indians, as it
gave them more time to remove, and engaged the support
of the federal government until their voluntary removal.
The executive of Georgia ordered a survey of the lands in
dispute, and occupied by the Indians, contrary to the
wishes and rights of the tribe ; and committed or threatened
acts of encroachment which were highly offensive to the
Creek nation. And, on their application to the executive
of the nation, the United States troops were ordered to pro
tect them, and to prevent encroachments on their posses
sions. The governor of Georgia called on the militia to de
fend the Stale, and to be ready to carry into effect his
orders, either against the Creek Indians, or the troops of the
United States, His language and conduct were of a very
menacing character. He impugned all authority of the
federal government in the case, and assumed the right to
treat the Indian tribe according to his will, and that of the

1827] ADAMS. 337
legislature of Georgia. His letters to the federal executive
Avere indecorous, if not insolent ; and such as had never
been iised by the governor of a Stale to the chief magistrate
of the Union.* Owing to the united firmness and prudence
of the President, the difficulty waS cured without resort to
military force. The message of the President lo Congress,
on the subject, Avas committed in the House of Representa
tives lo a select committee, and a report made the day
following — the last day of the session — recommending the
adoption of two resolutions, viz. " That il is expedient to
procure a- cession of the Indian lands in the limits of
Georgia — and, that until a cession is procured, the laws of
the land, as set forth in the treaty of Washington, ought to
be maintained by all necessary, , constitutional, and legal
ineans," There was also a report of the minority of the
committee asserting "the right of Georgia to the soil and
jurisdiction of the Indian lands within its limits — that the
survey of those lands by Georgia was not improper — that
the treaty at the Indian Springs, not having been constitu
tionally repealed, the rights of Georgia under, it were un
impaired ; and that the President be requested to extinguish
the claim of the Creek Indians to lands in Georgia, not com
prehended in the treaty of Washington,"
The Governor of Georgia contended for the validity and
execution of the treaty at Indian Springs, (^made the pre
ceding year, Avhich was favorable to the claims and wishes
of that State for getting possession of the Indian lands,)
but which being disapproved by the majority of the Creek
tribe living there, had been set aside and annulled, by
adopting a different treaty, the following year. Georgia
claimed the fulfilment of the terms of the former treaty,
while the federal executive insisted on observing. the terms
of the second agreement When, therefore, the executive
of Georgia ordered surveys of the Indian lands, in opposi
tion lo the will of the Creek tribe, and contrary to the pro
visions of the secpnd compact, the President, on complaint
and request of the heads of that tribe, sent agents to desire
the governor of Georgia to desist, and promised protection
to the Creeks, according to engagements in the last treaty.
* In a letter to the Secretary of War, dated February 17, 1827, Governor
Troup, says, " You will distinctly understand, that I feel it my duty to resist
to the utmpst any military attack, which the government of the United States
shall think proper to make on the territory, the people, or the sovereignty of
Georgia ; and all measures necessary to the performance of this duty, accord
ing to bur limited means, are in progress. From the first decisive act of hos
tility, you will be considered and treated as a public enemy. "
43

338 FEDERAL GOVERNMENT. [1827
He also notified the governor of Georgia, that if the military
power should be employed by that Slate to enforce the order
for a survey, he should feel obliged, under the sanction of a
law of 1802 on the subject, and also by an obligation higher
than any human authority, to repel the force, and to protect
the Indians in their rights, as recognized in the last treaty
made with them.
The message of the President to Congress, on this sub
ject, produced a great excitement; and was censured, by
members from Georgia and Alabama, as rash and tending
to an open and forcible collision between the United States
and the State of Georgia. But a large majority supported
the views and conduct of the President, and disapproved
of the proceedings of the governor of Georgia. Surely he
could not justly be charged with rashness, in preferring, as
he did, a civil and judicial process to a military force, to
settle the difficulty ; and his declaration to employ force if
necessary to protect the tribe, was sanctioned by the Con
stitution and law. The expression " of yielding to an ob
ligation higher than that of any human authority," was
considered by some as unnecessary, if not improper ; as the
President of the Union should know no authority, in his
official civil acts, above or beyond that of law and the
Constitution. A proposition was made in the House of Representatives
to reimburse to those persons, who had been fined for vio
lations of the sedition law of 1798, the amount which they
had paid, and an indemnity for loss of time, &C. The ob
ject appeared to be a public expression of the opinion that
the law was arbitrary and unconstitutional, as well as a
desire to indemnify those who had been subjected lo pecu
niary punishment. But the proposition Avas not received
with favor by the majority of the House ; and. the object of
the mover was not attained. The majority were evidently
convinced of the inexpediency of passing any law on the
subject; especially, at a period so long after -the obnoxious
law had ceased to he in force. By rejecting the motion, at
an early day after it was offered, a discussion, at once un
pleasant and useless, was happily prevented.
Another effort was made at this Congress, to allow com
pensation to the officers of the continental army, who con
tinued in service till the close of the war of the Revolution,
and were promised half pay for life, by the old Congress, in
the year 1781, But the effort was unsuccessful at that
time; owing in part lo the shortness of the session, and in
part to a want of agreement among those in favor of some

1827] ADAMS. 339
compensation, as to the amount, and to the manner of pay
ing it. At the following session, an act was passed malcing
to these worthy veterans an honorable compensation.
A bill for imposing additional duties on imported woollen
goods for the purpose of giving aid to American manufac
turers, was again presented in Congress, at an early day of
the session, and urged, as in several preceding years, with
great zeal and effort. This subject had been frequently
proposed and discussed in Congress for ten years. The first
direct legislation on the subject, by the federal legislature,
was in 1816 ; though it was the policy of the government,
from its first establishment, so to regulate trade with foreign
nations — a principal object in the formation of the national
government, with a view to the prosperity of commerce and
to the augmentation of the revenue — as to encourage do
mestic manufactures of various kinds. At that period, a
duty of twenty-five pr. ct, advaloremwvLS laid on woollen im
ported goods. Those who afterwards engaged largely in
that branch of manufactures were not satisfied with that
rate of duties ; and by great activity and perseverance, ob
tained an additional law in 1824, by which a duty of thirty
per cent, was imposed : to be increased the following year
to thirty-three. In 1826 and "27, they asked and demanded
higher impost duties on woollens, A biU for the purpose
was long and ably discussed in both houses of Congress ;
and in February, 1S27. near the close of the session, the
House of Representatives A'oted in favor of it ; but it met
great opposition in the Senate, and was rejected. The
mamiifecturers, however, did not reUnquish their object, —
In 1828, a convention was held in the State of Pennsylva
nia, by them and their friends from all parts of the Union —
when it was agreed to continue their efforts with the federal
legislature, to grant further protection to woollen and cotton
manufacturers, to the extent of more than two hundred per
cent in some cases, and on some description of goods, though
it should operate to an entire prohibition,* They also gave
to their plcin the imposing name of the " American system ;"
Etsserting, that the same system, or policy, was favored and
recommended by the Secretary of the Treasury, and by the
administration, soon after the orgEtni^ation of the general
* In 1820, coarse woollens paid a doty of twenty-nine per cent : in 1827, it
was thirty-eight, by virtue of the act of Congress of 1824; and the convention
at Hairisboig, held in 1827, proposed from fifty-seven to two hundred and
eighty-one per cent ! " AVe want protection," 'said one of that conventioo,
" whether it be fifty per cent or one hundred and fifty. And it matters not,
if it amoonts to prohOiitioii. We want protection."

340 FEDERAL GOVERNMENT. [1827
government. But it fully appears from the reports of Sec
retary Hamilton on thc subjcel, and the measures he re
commended in 1790 and 1791, that he Avas not in favor of
forcing manufactures by high duties. " I'.xorbitant duties
on imported articles," ho said, " ser\e to benel a, general
spirit of smuggling, Avbich is always injurious to the fair
trader, and eventually to the revenue itself. They also lend
to render other classes of the coininuiiity tributary, in an
improper degree, to the inanufacturevs, lo whom high duties
give a premature monopoly of the niarki-ls. Industry is
also sometimes thus forced out of its natural channels into
others, in which il flows Avilh less adviiiitage. And, in tho
last place, they indirectly oppress the inerehant, who is often
obliged to pay them himself, Avithout any i-elributjon from
the consumer," Some of the woollen and cotton manufac
turers themselves admitted that Ihe tariff of 1^21 afforded
a sufficient protection; and expressed their fears, that such
exhorbitaut duties would eventually prove unfavorable to
the manufacturing interests of the Uniiixl Slates.*
A great portion of the cili'/.eiis Avere oppostnl to the
"American system," as explained and advocated by the
manufacturers. The merchants and mechanics of Boston
held meetings lo consider the proposed increase of duties on
Avoollen and cotton goods; and a very elaborate report was
made al an adjourned meeting, by a commillec previously
chosen for that purpose; in which thoy stated various facts
and views, illustrating the impolicy and injustice of im
posing any higher duties than W(>.rc then rotiuired by the act of
1824,* It Avas asserted, that the general voice of New Eng-
* .Amount of imports into United States in 1826, was eighty-five millinns of
<lollars, eighty millions^ of which were in Anierienn vcKsels. Tho exports
amounted to seventy-seven njillions and five hundred thousand dollars; of
which fifty-three millions were of domcslic, and twenty-four millionHand five
hundred thousand of foreign products or articles : of dotnoalic nrlicles, forty-
six millions and two hundred thousand dollars i!xported in Aniericnti vessols,
and six millions and eight hundred thousand dollars in foreign vessels, of for
eign articles, twentyTthrec millions three hundred and lil'ty tiiauHiinU dollars in
vessels of the United States, and ono million one hundred and eiglity thousand
dollars in foreign vessels.
t Even that tarilT-luvv was considered as unc^qiialand unreaflonable, by some
of the ablest statesmen, as well as by tho njeiehants. In reply to Mr, ('Iny
of Kentucky, Mr. Webster of Massachusetts, when tho bill was under dis-
•cussion in 1824, said, " that there was a broad and marked distinction between
prohibition and reasonable encouragement. Protection, when carried to tho
point proposed, that is, to an entire prohibition, seomH to mo destructive of
all commercial intercourse between nations." With far greater justice it might
be said, that the tariff proposed in 1827, and adopted in 1828, was, in principle
and in theory, indirectly unfavorable to commercial enterprise.

1827] ADAMS. 341
land was not in favor of the highly restrictive or prohibitory
system proposed. They also prepared a memorial to Con
gress on the subject, Avhieli Avas subscribed by a very large
number of the citizens of Boston and vicinity, and presented
to Congress in December, 1827, at the time the manufac
turers were pressing tor a ucav tariff Avith higher duties, in
accordance Avith the resolutions adopted by the Convention
at Harrisburg,*
In the same year, a Convention was holden in the city of
Philadelphia, by persons from most of the States of the
Union, opposed to any increase of duties on imported avooI-
len or cotton goods. Some of these, indeed, Avere opposed
to the duties, as established in 1824 ; and contended that
the manufacturers already enjoyed au unequal share of the
aid of government. They believed that the interests of
commerce and navigation would suffer by carrying the sys
tem to the exten t urged ; and were more disposed to lessen
than to increase the duties imposed by the act of 1824, A
report was published by this Convention also,! of great
length and ability, and extensively circulated ; and it was
supposed that a majority of the people approved of the doc
trines and views of the Convention, In the seaport towns,
this was notoriously the case: for the " American system "
Avas unquestionably not deemed promotive of the commercial
interests of the Union,
The President Avas in favor of affording protection or en
couragement to domestic manufactures generally, and of
Avoolleus particularly ; which a l this time was the leading
question in political economy, so far as the federal govern
ment Avas believed to have authority to interfere. But he
was also friendly to extensive enterprises in commerce and
navigalirfn ; and expressed no opinion in support of the
ultra doctrines of the manufacturers. It was ahvays known
that he highly estimated the advantages of navigation and
foreign trade, to a country like the United States ; andAvould
not, therefore, sacrifice the interests of commerce for the
purpose of encouraging any other branch of business.
The statement, presented to Congress, by the President,
* Opinions similar to tliose expressed by the merchants of Boston, were
declared in a memorial to Congress by the citizens of Salem, Massachusetts,
a short time before. They considered the policy of protecting manufactures,
to the extent urged and adopted in 1824, as highly prejudicial to the com
mercial interest-i of the country; and as a tax ou merchants, mechanics, and
farmers for the benefit of tlie manufacturers.
t Henry Lee, of Boston, prepared this report, as ^ell as that adopted by the
citizens of Boston.

342 FEDERAL GOVERNMENT. [1827
in December, 1827, relating to the public affairs of the na
tion, was highly gratifying to the patriot, and as just as it
was favorable lo the general prosperity and welfare. " The
blessings of peace with all our brethren of the human race,"
said the President, " have been enjoyed without interrup
tion : and internal quiet has left the people in the, full en
joyment of their rights, and in the free exercise of their
faculties, to pursue the impulse of their nature and the
obligations of their duly, in the improvement of their own
condition. The productions of the soil, the exchanges of
commerce, and the vivifying labors of human industry,
have combined to mingle ih our cup a portion of enjoyment,
as large and liberal as indulgent Heaven has, perhaps, ever
granted lo man on the earth. To preserve, to improve, and
lo perpetuate the sources, and to direct, in their most effec
tive channels, the streams which contribute to the public
weal, is the purpose for Avhich government was instituted.
Objects of deep importance to the welfare of the Union are
constantly occurring to demand the attention of the federal
legislature ; and they call, with accumulated interest, on the
first meeting of the two Houses, after their periodical ren
ovation." The President referred to the happy issue of ne
gotiations with the British government, respecting slaves
captured during the war of 1812 — 1815, in the southern
parts of the United Stales, and for the adjustment of the
dispute on that subject, a reference of which had been made
to the judgment of the Emperor of Russia. "The final
disposal of one of the most painful topics of collision be
tween the United .States and Great Britain," the President
said, " not only afforded an occasion of gratulation to our
selves, but had a happy effect in promoting a friendly dis
position, and in softening asperities upon other subjects of
discussion. Nor ought il to pass without the tribute of a
frank and cordial acknowledgement of the magnanimity,
with which an honorable nation, by the reparation of their
own wrongs, -achieve a triumph more glorious than any
field of blood can ever bestow," It was also stated in the
message, " that recent negotiation on commercial subjects,
which were of great interest to the United States, had ter
minated in the adjustment of some of the questions at issue,
upon satisfactory terms, and the postponement of others for
future discussion and agreement,"
The trade to and with the British colonies in America, of
great importance to the United Stales, and long time in a
condition unfavorable to the citizens thereof, through the
pertinacity of the English government, to secure unequal

1827] ADAMS. 343
advantages — Avas not yet so adjusted as to give satisfaction
to the American merchants. To place the trade, either by ne
gotiation, or legislation, on ternisof reciprocity, hadlongbeen
the desire and endeavor of the governnient of the United
States; "for the commei-eial intercourse bet ween the two coun
tries Avas more important than between auy other two nations
on the globe." Two Conventions, boAvever, were concluded
in August, 1827, betAvecn the plenipotentiaries of the United
Stales and great Britain, Jbr continuing in force those made
at former periods, one in July, 1815, and the other in Oc
tober, 1S18, noticed above in this volume.
The subject of thebouudary line belAveen the United Slates
and the British territories in North America, was much dis
cussed al this period ; and, in many parts of thc nation', the
citizens complained of the noii-adjustinent of the dispute,
The President, in his public message, referred to the subject,
and gave the following statement of proceedings in relation
to it, — " In the execution of the treaty of peace in 1783, a
line of boundary Avas drawn as the demarcation of territory
between the Iavo countries ; extending over nearly twenty
degrees of latitude, and running over seas, lakes, and moun
tains, then very imperfectly explored, and scarcely opened
to the geographical knowledge of the age. In the progress
of discovery and settlement, by both parlies since that time,
several questions of boundary between their respective ter
ritories have arisen, Avhich have been found of exceedingly
difficult adjustment. At the close of the late Avar Avilh
Great Britain, four of these tiuestions pressed themselves
upon the consideration of the negotiators of the treaty of
Ghent, but Avilhoul the means of concluding a definitive
arrangement conceruing them. They Avere referred to three
separate commissions, consisting of Iavo commissioners ; one
appointed by each parly ; to examine and decide upon their
respective claims. In the event of disagreement between
the commissioners, it Avas provided that they should make
reports to their several governments ; and that the reports
should finally be referred to the decision of a sovereign, the
common friend of both. Of these commissions, Iavo have
already terminated their sessions and investigations ; one
by entire, and the other by partial agreement. The com
missioners of the fifth article of the treaty of Ghent have
finally disagreed ; and made their confiicting reports to their
own governments. But from these reports a great difficulty
has occurred, in making up a question to be decided by the
arbitrator. This purpose, however, has been effected by a
fourth Convention, concluded at London, by the plenipo-

344 FEDERAL GOVERNMENT. [1827
tentiaries of the two governments in September last. It will
be submitted with the others to the consideration of the
Senate." The President manifested a strong desire, that
the disputes in reference lo this subject, might be amicably
and speedily adjusted ; and expressed a disposition on his
part to adopt all proper measures to attain so desirable an
object. Difficulties had then recently occurred on the north
east borders of the United States, and a serious collision
threatened between the people of ilaiuc and of NeAV Bruns
wick : though it had been previously understood, " that no
exercise of exclusive jurisdiction, by either party, while the
negotiation Avas pending, should change the stale of the
question of right to be definitively settled."
The President very feelingly regretted that the British
government had declined all negolialious on the subject of
the trade with their colonial possessions in America ; be
lieving that the difficulties Avould be better removed, in
that Avay, than by legislation. This trade, if regulated on
principles of a just and liberal policy, would be highly
beneficial to the United Stales. And Avhile he refrained
from imputing the course pursued by the British govern
ment lo direct hostile vieAvs, he justly considered il as
showing a le^s friendly and generous spirit than he had
anticipated. Neither of the bills before the Senate or
House of Representatives, at the preceding session of Con
gress, il appeared, Avould have given full satisfaction lo
the Court of England. They Avcre evidently disposed to
enjoy the whole trade to and from their American colonies
and ports ; and seized ou every possible pretence for avoid
ing definite and mutually favorable regulations on the sub
ject. In referring lo the relations of the United States Avith
France, the President spoke of the early and important
infiuence exerted by the French king and people in favor
of the liberties of America. "The origin of the political
relations between the two nations," he said, " Avas co-eval
with the first year pf our Independence. The memory of
it is interwoven with that of our arduous struggle for na
tional existence. Weakened as it has occasionally been
since that time, it can by us never be forgotten ; and Ave
should hail with exultation the moment Avhich should in
dicate a recollection, equally friendly in spirit, on the part
of France." Fresh efforts had then been made by the
President, to obtain a just consideration of the claims of
American citizens for reparation of Avrongs, many years
before committed by the subjects or rulers of that nation.

1827] ADAMS. 345
A reference of the subject had been recently proposed, by
the President's direction, to a sovereign, friendly both to
France and the United States. And he expressed the
opinion that the proposal Avould not be declined by the
French government.
A large portion of these claims, the French government
admitted to be founded in equity and justice. Even the
late Emperor, by Avhose orders the depredations had been
committed, could not deny the justice of making some re
paration : and the kings of the Bourbon family, Louis
XVIII. and Charles X. who were restored to the throne of
France, on the downfall of Napoleon, had long promised
indemnity. But they were Aveak princes ; the nation was
exhausted by expensive and distressing wars; and the
subject of indemnity, as demanded by the United Slates,
was not popular Avith the people bf France. They were
uuAvilling to pay for the Avrongs done by Napoleon. Noth
ing had been obtained but fair promises of the French
government ; though the claim had been often pressed upon
the consideration of the Court pf Versailles, with much
earnestness and ability: and by np administration with
more urgency than while Mr. Adams was President.
The diplomatic intercourse between the United Stales
and foreign governments, had been increasing for several
years, and their relations were now mutually friendly. The
President announced, at this time, the formation of a new
treaty with Sweden, to perpetuate amity, and to regulate
commerce and navigation between the two nations : a re
cent disposition in the Hanseatic republics had been shoAvn,
to strengthen and confirm their intercourse with the United
States, by sending a minister to reside at the seat of the
federal government, which was met with promptness and
cordiality by the President. The desire of the new Em
peror of Russia, to be on terms of friendship with the
United Stales, was also manifested by the appointment of
a minister plenipotentiary to the government of the Amer
ican Union. A prospect was thus presented to the country
of a long period of national peace and prosperity ; and was
a just occasion for gratulation and thankfulness among all
classes of citizens.
In this public message, the President alluded to the ex
isting condition of the new republics in South America ;
and informed Congress of the failure of the individual
States represented in the grand meeting at Panama, to con
firm the propositions adopted by that Convention, for a
union of measures and action in defence of their liberty,
44

346 FEDERAL GOVERNMENT. [1827
and for establishing efficient governments ; and of extensive
divisions among them, which predicted unfavorable results
to the cause of civil freedom in that part of America. It
had never been the intention of the federal government to
interfere with the republics of Central and South America,
any farther than lo maintain a friendly connection, or un
derstanding, and to prepare for maintaining trade with
them, which should be beneficial to both parlies. One of
the public envoys of the United States sent lo South
America had then already returned; and the other Avas
directed to remain in Mexico, " in the discharge of ordinary
duties, with authority to attend the conferences of the Con
gress of Panama, whenever they should be resumed."
The internal affairs of the United Stales indicated an
uncommon measure of tranquillity and prosperity. The
apprehensions of difficulty with the Slate of Georgia,
arising from disputes about the lands in that State, occupied
by the Indians, had subsided ; though the claims of that
Slate were not withdrawn. With some Indian tribes, in
the western part of the country, disputes had indeed arisen
relating to certain tracts of land, which it was believed the
government had fairly purchased, and their conduct threat
ened hostilities towards the United Stales ; but " the pres
ence of a portion of the regular troops soon dispelled the
alarms of the people in that quarter, and overawed the
hostile purposes of the Indians." Some murders were
committed by them, but they surrendered the perpetrators
to the authority of the federal government, and a good un
derstanding followed.
The national income, from imposts and the sale of pub
lic lands, Avas fully adequate to all the exigencies of the
government. The public expenditures, for 1826 and 1827,
had been to a large amount;* but they were made in ful
filment of acts of Congress for Indian annuities, for former
purchases of their lands, for extensive repairs of fortifica
tions on the seacoasts, and for pensions to the veterans of
* It appears by Pitkin's statistics, that the expenditures in 1817, were
$40,870,000, and the receipts §33,830,000. In 1818, the expenditures
were f 35,100,000, and the receipts ,«f:21, 600,000, In 1819, the expenditures
were ^24,000,000 and the .receipts #24,600,000. In 1820, the expendi
tures were $21,763,000, and .the receipts ,<j20,880,000. In 1821 the ex
penditures were $19,090,000, and the receipts $19,573,000. In 1822, the
expenditures were $17,676,000, and the receipts ,$20,232,000, In 1823,
the expenditures $15,314,000, and receipts 20,540,000, in 1824, the ex
penditures $31,898,000, and receipts ,^24,381,000. In 1825, the expend
itures $23,580,000, and the receipts $26,840,000, In 1826, the expendi
tures $24,103,000, and the receipts $26,260,000,

1827] ADAMS. 347
the Revolution ; beside the sums necessary for the civil list,
fov interest on the public debt, annual instalments thereof,
maintenance of the army aud navy, and an increase of tlie
latter. According to the statement made to Congress in the
message of the President, the receipts in the treasury, in
1827, amounted to lAvenly-lAvo millions nine hundred and
sixty thousand dollars, and the expenditures Avere estimated
at twenly-lAvo millions five hundred thousand dollars. Up
wards of six millions of the latter, Avas for a discharge of a
part of the national debt ; and thus reducing it to sixty-seven
millions and a half; being only a moiety of what il was in
1817. With a vieAV to the entire discharge of the public
debt of the nation, a subject of deep solicitude with the
people, the President recommended the strictest economy
in the application of the public funds ; and observed " that
it was most important always to keep the expenditures
of the year Avithin the limits of its receipts." *
The greater portion of those Avho had opposed the elec
tion of President Adams, in 1S24, continued their opposi
tion during the Avhole term of his administration, while
others " who judged him by his measures," approved of
his general political conduct. Every possible objection
Avas made to his course ; and the power of party prejudice
Avas manifested while he Avas Chief Magistrate of the na
tion. Particularly, it was objected, that the public expend
itures were much greater than in former years, and that
he was alike extravagant and visionary in his plans. An
unhappy prejudice was thus created or strengthened against
him as a politician ; but with no jusl cause for the charge.
His views on the question of internal improvements were
not agreeable to such as wished to confine the federal gov
ernment to legislate ou subjects granted by the Constitu
tion : but no one could justly accuse him of ever employing
the means of corruption, or of incurring expenses to tlie
government for the purposes of patronage ; and no one ever
doubted the sincerity or ardor of his patriotism.
In 1824, Congress passed a laAv authorizing surveys for
canals and roads, which might be for the improvement of
the country, and facilitate the intercourse between distant
parts of the Union. And it Avas at the discretion of the
* In 1827, the expenditures were less than the receipts only in about
$500,000. In 1828 and 1829, the expenditures exceeded the receipts by
$400,000. In 1830, tlie expenditures and receipts were very nearly of same
amount Iu 1831, the expenditures were greater than the receipts by nearly
$2,000,000; and m 1832, by nearly $3,000,000.

348 FEDERAL GOVERNMENT, [1827
executive, that such surveys Avere to be made.* President
Adams, being in favor of internal improvements at the ex
pense of the federal government, ordered various surveys
during the year 1825 and 1826. The reports made to him
by the surveyors were communicated lo Congress at this
and the preceding session ; and serve lo show his readi
ness to carry into full effect the power granted him by the
national legislature. They were the following : — relating
to the Chesapeake and Ohio canal — the continuance of-the
great national road from Cumberland to the waters Avithin
the District of Columbia — the continuation of that road
from Canton, (Ohio,) to Zanesville, — the location of the
national road from Zanesville to Columbus, (Ohio,) — the
continuation of the same to the seat of government in Mis
souri, — a post road from Baltimore to Philadelphia, — a
survey, in part, of Kennebec river, — a national road from
Washington to Buffalo, — a canal from lake Poncharlrain
to the river Mississippi : Surveys at Edgarlown, Hayannis
harbor, and Newburyporl — of La Plaisance bay, in the
territory of Michigan, — the Peninsula of Florida, with the
view to a canal to connect the waters of the Atlantic with
the Gulf of Mexico, and also between the bays of Mobile
and of Pensacola, ^ — for a canal, to connect the Avaters of
James and Great Kenhawa rivers — of the Swash in Pam
lico sound, and that of Cape Fear, below Wilmington, in
North Carolina. The vicAvs of the President were further
developed by his observations in connection with these
reports — " all the officers of the two engineer corps, with
several others duly qualified, have been constantly em
ployed in these services, from the passing of the act of
April," 1824, to this lime. And were no other advantage to
accrue to the country, from their labors, than the fund of
topographical knowledge which they have collected and
communicated, that alone Avould have been a profit to the
Union, more than adequate to all the expenditures which
have been devoted to the object ; but the appropriation for
the repair and continuation of the Cumberland road, for
the construction of various other roads, for the removal of
obstructions from the rivers and harbors, for the erection
of lighthouses, beacons, piers, and buoys, and for the
completion of canals, undertaken by individual associa-
* The act gave him power " to cause surveys, plans, and estimates to be
made of the routes of such roads and canals as he might deem of national im
portance, in a military or commercial point of view, or necessary for the trans
portation of the public mail,"

1827] ADAMS. 349
tions, but needing the assistance of means and resources
more comprehensive than individual enterprize can com
mand, may be considered rather as treasures laid up,' from
the contributions of the present age, for the benefit of pos
terity, than as unrequited applications of the accruing rev
enues of the nation. To such objects of permanent im
provement in the condition of the country, of real addition
to the Avealth as Avell as comfort of the people, three or
four millions of the income of the nation have, by laAvs
enacted at three most recent sessions of Congress, been
applied, without entrenching upon the necessities of the
treasury ; without adding a dollar to the taxes or debts of
the community ; without suspending even the steady and
regular discharge of the debts contracted in former days ;
which, within the same three years, have been diminished
by nearly sixteen millions,"
The majority of Congress, at this time, did not fully agree
in the opinion and views of the President as to the propri
ety of these surveys ; and Ihey appear not to have approved
of the construction Avhich he put upon the law of 1824, —
There had always been a large minority in the federal legis
lature, and generally a majority opposed to appropriations
for such purposes, Il had been sometimes voted not to ex
pend more money on the Cumberland road ; particularly as
to the continuation of it through the States of Ohio, Indiana,
and Illinois, to Missouri. And it Avas believed, by many
able statesmen Avho were in favor of confining the powers
of the national government to the specific objects contem
plated by the Constitution, that the liberal construction
given to it in reference fo works of internal improvements,
served only to increase the power and patronage of the
executive, which was always liable to abuse, or to an ex
ercise of a party or partial character. The plan of aiding
States and companies, in their enterprizes for these professed
objects, it was believed, would lead to very great drafts on
the treasury of the United States, and would also afford an
opportunity to the President, at any time, to show favor to
particular corporations or to certain parts of the Union, to
gratify his personal vieAvs and predilections. Iii the con
clusion of this annual message to Congress, the President
spoke of the claims of the surviving officers of the Revo
lutionary army on the national government for compensation
for their services so important to the country, and for which
they had not been recompensed according to the early prom
ises made to them by the Congress of the confederation, —
" The nation," he said, " owed to these meritorious veterans

350 FEDERAL GOVERNMENT, [1827
a debt of justice as well as of gratitude." They had then
been soliciting a fulfilment of these early promises of Con
gress for several years, but without success. And they did
not ask it merely as a favor, or because they were generally
poor, but as a compensation founded in equity and justice
for services actually rendered, and never fully rewarded.
Provision was made by Congress in 1818, for granting relief
to the destitute among those who had served in the war of
the Revolution only for nine months ; but the most merito
rious, whose services were given during the whole war, and
who continued faithful to their country's cause till peace
was made with the enemies of its liberties, had received no
compensation. Their claims were founded on resolves of
the old Congress, passed in 1780 and 1781, when their ser
vices were called for and justly appreciated, granting them
half pay for life ; but Avhich was commuted, in 1783, al the
request of their fellow citizens, and from the purest and
most patriotic motives, for the amount of five years' pay ;
and even that was in such paper as was worth not more
than a tenth part of its nominal value. Their applications
to Congress for an equitable allowance, had indeed been
favorably considered by committees for several preceding
years; but no act had been passed granting them compen
sation. The recommendation by the President of their case
and services, al this lime, no doubt had an influence with
Congress in granting them an allowance during the session.
The compensation allowed was honorable to the members
of that Congress, while it proved highly acceptable to the
objects of the bounty, who, with very few exceptions, were
now advanced to, and even beyond the common age of man.
The greater part of them were not in affluent circumstances ;
and though not wholly destitute of property, needed the al
lowance thus equitably granted, to secure their own and
family's comfort*
The expenses for the support of the federal government,
in all its branches, at this period amounted to a large sum.
The annual increase of the navy, the erection and repair
of fortifications, the pensions to the officers and soldiers
of the revolutionary army, the interest and reduction of
the national debt, greatly enhanced by the war of 1812,
* There was more opposition in Congress to the allowance than those might
have expected who knew the services and sacrifices of the worthy recipients;
but there were no party feelings operating on the occasion. Among the able
advocates for the compensation, were Van Buren, Harrison, Webster, Wood
bury, Johnson, and Berrien of the Senate; and Drayton, Buchanan, Everett,
Reed, Dwight, Sprague, Burgess, Mercer, and Hamilton of the House.

1827] ADAMS. 351
surveys and works of internal improvement, and annuities
to several Indian tribes, of whom lands had been purchased
to a great extent : all these now made an aggregate of
about twenty-four or five millions. And though due econ
omy was recommended, it was not lo be expected that it
would be rigidly practiced in all cases, when there was
necessarily a vast number of public officers and agents.
And yet it afforded an occasion, for such as were previously
disposed lo charge the executive with extravagance in the
public expenditures, to censure the President, and to per
suade a portion of the people of the Union that he was de
ficient in judgment, or a Avalchful fidelity, in the manage
ment of national finances. This was one great cause of
the election of another individual for the first executive
officer of the federal government in 1828. Men who ought
to have been better informed, and less under the infiuence
of prejudices, made great objections to President Adams on
this account ; Avhen a thorough, but fair and impartial in
vestigation must have shown, that he was equally faithful
in the duties of his office, relating to the expenditures of the
government, as either of his predecessors had been.*
* For repairs and continuation of Cumberland road, one hundred and sev
enty-five thousand dollars were appropriated at the session 1827, 1828^
thirteen thousand for clearing the Ohio river, and Huron river, in the State of
Ohio — for piers at the mouth of Dunkirk harbor in New York, six thousand —
for a public road from Detroit to Maumee, six thousand — and from Detroit to
Chicago, eight thousand dollars — ^for piers in the mouth of Oswego harbor.
New York, nine thousand five hundred — to deepen the channel of entrailce
into the harbor of Presque Isle, six thousand — to remove obstructions in Ash
tabula Creek, Ohio, four thousand five hundred — to remove obstructions in the
Berwick branch of Piscataqua river, Maine — to deepen the channel for naviga
tion between St. John's river, Florida, and St. Mary's harbor in Georgia — also,
of the river and harbor of St. Mark's, in Florida — to remove obstructions in the
Kennebec river, three thousand five hundred — ^to secure the light on Brandy-
wme shoals, in Delaware bay, ten thousand — for various surveys, thirty
thousand — to complete a pier, near another pier, at Buffalo, thirty-four thousand
— for a military road in Maine, from the Penobscot river to Mar's Hill — to re
move obstructions (the bar) at the mouth of Merrimac river — to preserve Deer
Island, in the harbor of Boston — to erect piers at Stonington, Connecticut — to
repah piers at Port Penn, and Marcus Hook — ^to remove obstructions and
shoals in North Carolina — and in .4palachicola, Florida — to improve the navi
gation of Red river ; and of Sackett's Harbor — to survey the harbor of Nan
tucket for the purpose of improving it — to deepen the channel at the mouth of
Pascagoula river — to improve the navigation of the Mississippi and Ohio rivers.
For lighthouses ; one in Maine, three in Massachusetts, one in Rhode Island,
and two spindles or pyramids, one in Connecticut, three in New York, three
in Maryland, and one in Virginia ; in North Carolina one light vessel in
lieu of a lighthouse, and two beacon lights; in Alabama, one lighthouse and
spindle ; in Michigan, two lighthouses, in Florida one, one m New flamp-
shhe, one in Delaware, and several buoys. A breakwater was also ordered
to be constructed near the mouth of Delaware bay, and two hundred and fifty

352 FEDERAL GOVERNMENT. [1827
Among the important measures and acts of the twentieth
Congress,* were the folloAving — An act to prevent defalca
tions on the part of disbursing agents and officers of the
United States ; and by Avhich it Avas ordered that no Avages
should be paid to persons Avho Avere in arrears to the gov
ernment, till they had accounted for, and paid into the
Treasury all sums for Avhich they were liable — a similar
law was passed during, the adniinistration of President
Monroe — an act for the relief or benefit of Columbia College,
in the District of Columbia^ — an act for the relief of pur
chasers of the United Stales land; allowing them further
time of payment — an act granting the privilege of frank
ing letters, to Hon. Charles Carrol, the only survivor of
the patriotic band of worthies who signed the Declaration
of Independence, July 4th, 1776 — an act appropriating five
thousand dollars for an addition to the library of Congress
— an act authorizing the President to appoint agents " for
designating and settling the line forming the northeast
boundary of the United Slates, and for bringing the existing
controversy with Great Britain, on that subject, lo a speedy
termination" — an act to empower the President to subscribe,
on behalf of the government, for ten thousand shares in the
stock of the Chesapeake and Ohio Canal Company — and
an act for laying higher duties on several imported articles,
than the laws of Congress then imposed, viz. on wool, and
on woollen cloths ; on cotton cloths ; on iron, hemp, cotton
bagging, sail duck, silks, molasses, and distilled spirits.
On wines, the rate of duties was reduced, and no draw back
was allowed on spirits distilled from molasses, nor on sail
duck exported.
The additional duty on iron, caused complaints in some
parts of the country ; but those on Avoollen and cotton
goods, were mosl strongly opposed, and denounced as un
equal and oppressive. In the middle and southern States,
where there were fcAv or no manufactories of these goods,
the opposition was loud and severe. The dudes on low-
thousand dollars appropriated ; which was probably not half its cost. It was
voted by Congress, at the same session, to subscribe on part of the federal gov
ernment, for ten thousand shares in the stock of the Chesapeake and Ohio Canal
Company. And an appropriation was then made for defraying the expenses of
agents of the Choctaw, Creek, Cherokee, and Chickasav.r tribes of Indians, to
explore the country west of the river Mississippi, in order to the emigration to
that territory of such as should choose to remove and settle there.
* The political parties in Congress, December, 1828, were nearly equal,
the speaker was elected by only four votes majority ; and he was opposed to
the administration.

1828] ADAMS. 353
priced woollens Avas disproportionately high, and operated
severely upon those Avho used them; and the southern
planters made great use of them for their slaves. The
complaint was also heard in the northern and eastern
Stales, against the law, in this respect ; for the lower classes
of people in those parts also purchased largely of the coarser
woollens for common use. The merchants and citizens of
Boston, in their memorial and remonstrance against an in
crease of duties on imported woollen goods, in 1827, as
serted, that the American system, so called, was founded
in error and injustice ; that it would eventually prove in
jurious to the manufacturers themselves, and was unequal
and oppressive in its operation : oppressive to the lower
classes of the people, and unequal as lo different sections
of the Union."
The message of the President to the national legislature,
at the opening of its annual session, contains a summary
of the proceedings of the executive during the recess of
Congress, and gives a statement of transactions and oc
currences relating ,to the public affairs of the government
and its officers. In that of President Adams, December,
1828, which was the last he communicated, on a similar
occasion, he represented the United States lobe in a highly
prosperous condition, enjoying peace Avith all other nations ;
and making rapid advances in population and Aveallh, and
in the use of their abundant resources and means for in
ternal improvements. The President referred particularly
to the subject of the northeastern boundary of the United
Stales, between Maine and New Brunswick, and informed
Congress, that, as the agents of the two governments, em
ployed for the purpose, were unable to agree, the question
would be referred to the King of the Netherlands ; in
whose impartiality and probity he had the utmost confi
dence. The subject was becoming every year more in
teresting lo the people of Maine, and of other parts of the
United States ; and interferences and collisions had hap
pened between the inhabitants of the two contiguous ter
ritories, as each claimed the same tract of country. Sev
eral citizens of Maine made settlements on the disputed
territory, and the British claimed jurisdiction over the
whole, and frequently attempted to exercise authority ac
cordingly. The argument of the government of New
Brunswick for this was, that, as all the tract in dispute
belonged to Great Britain before the treaty of 1783, recog
nized and confirmed by the treaty of Ghent, in 1815, it
45

354 FEDERAL GOVERNMENT. [1828
ought to continue under its control and in its possession,
until it should be found to belong to the United Slates.
In speaking of the relations with France, the President
said, that there was good reason to believe the claims to in
demnity for depredations — committed on the commerce of
the United Slates, during the revolutionary governments of
that country, and Avhichhad been many years presented and
urged — would be admitted, and justice be done to Amer
ican citizens whose property was seized and confiscated.
The political and commercial relations with Great Britain
were not, in the opinion of the President, of an unfriendly
character, though the difficulties still remained, as to the
trade Avith her American colonies. " The interdiction of a
direct trade with British ports in America had not proved
extensively injurious to the commerce of the United States.
Indeed the exports, the revenue, and the navigation of the
country, had suffered no perceptible diminution by our ex
clusion from direct access to British colonial ports," Dif
ferent channels had been found for an exchange of com
modities desired by both countries. The produce of the
United States needed by the British in their colonies, was
conveyed indirectly to the islands and elsewhere. The
subject, however, was earnestly recommended by the Pres
ident to the early attention of Congress,
The message announced that a treaty would probably
then soon be made with Austria; Avhich, it was believed,
would be for the commercial benefit of the United States,
And in this treaty, the President observed, " care had been
taken to establish and extend those principles of liberal in
tercourse and of fair reciprocity, which intertwine with the
exchanges of commerce, the principles of justice, and the
feelings of mutual benevolence," " This system," he added,
"first proclaimed to the world, in the first commercial treaty
by the United States — that with France, on the 6lh of Feb
ruary, 1778 — has been, invariably, the cherished policy of
the Union, And it is by treaties of commerce only that it
can be made, ultimately, to prevail, as the established sys
tem of all civilized nations. With this principle, our fathers
extended the hand of friendship to every nation of the
globe : and lo this policy our country has ever since adhered.
For whatever of regulation in our laws has ever been
adopted, unfavorable to the interest of any foreign nation,
has been essentially defensive, and counteracting to similar
previous regulations on their part, operating against us,"
A hope was expressed by the President in this message, that

1828] ADAMS. 355
these principles would soon be recognized and approved by
the whole civilized world.
" The condition of neighboring American nations in the
south, was rather that of approaching, than of settled tran
quillity. Internal disturbances had been more frequent
among them than was anticipated : but the intercourse of
the United Stales with them continued to be that of friend
ship and of mutual good will. Treaties of commerce and
of boundaries with the united Mexican States had been
attempted, and Avere still in process of negotiation, but had
not been brought to a final conclusion, from various and
successive obstacles. The finances of the federal govern
ment were never in a more prosperous state, than at this
period ; and yet there had been no unnecessary stinting of
the public expenditures for great national works of defence
or internal improvement. The revenue arising from imports
was of greater amount than had been estimated. The re
ceipts into the public treasury amounted to twenty-four
million and ninety-five thousand dollars. The expenditures
amounted to twenty-five millions and a half; which included
over nine millions paid for reducing the public debt of the
nation, which was at six per cent. : thus reducing the annual
interest somewhat more than half a million. To the re
ceipts of the year should be added, when comparing these
with the expenditures, five millions in the treasury at the
beginning of 1828 ; thus allowing for the yearly expenses,
should it be needed, the sum of twenty-eight millions. The
amount paid for interest on the old public debt, was oyer
three millions ; and that debt was now reduced to fifty-eight
millions. In the opinion of the President, the revenue of
the succeeding year would equal and probably surpass that
of 1828: " for the uniform experience of forty years had
shown, that whatever had been the tariff of duties on im
ported articles, the amount of importations had always
borne an average value, nearly approaching to that of the
exports ; though occasionally differing in the balance. It
is indeed, a general law of prosperous commerce, that the
value of exports should, by al least a small balance, ^exceed
that of imports — that balance being a permanent addition
to the wealth of the nation. For the extent of the pros
perous commerce of the nation must be regulated by the
amount of its exports : and an important addition to the
value of these, will draw after it a corresponding increase
of importations,
" It has happened, in the vicissitudes of the seasons, that
the harvests of Europe have, in the late summer and au-

356 FEDERAL GOVERNMENT, [1828
tumn, fallen short of their usual average, A relaxation of
the interdict upon the importation of grain and flour from
abroad has ensued ; a propitious market has been opened
to the granaries of our country; and a new prospect of
reward presented to the labors of the husbandman ; which,
for several years, has been denied. This accession to the
profits of agriculture, in the middle and Avestern portions of
the Union, is accidental and temporary ; it may continue
but for a single year, Bui we may consider it certain, that,
for the approaching year, it has added an item of large
amount to the value of our exports, and that it will procure
a corresponding increase of importations. It may therefore
be foreseen, tballhe revenue of 1829 will equal and probably
exceed that of 1828 ; and Avill afford the ineans of extin
guishing ten millions more of the public debt, This new
element of prosperity to that part of our agricultural in
dustry, which is occupied in producing the first article of
human subsistence, is of the most cheering character to the
feelings of patriotism. The great interests of an agricul
tural, commercial, and manufacturing nation are so linked
in union together, that no permanent cause of prosperity to
one of them can operate without extending its infiuence to
the others. All these interests are alike under the protect
ing power of the legislative authority ; and the duties of the
representative bodies are to conciliate them in harmony
together. So far as the object of taxation is to raise a rev
enue for discharging the debts and defraying the expenses
of the community, il should, as much as possible, suit the
burden with equal hand upon all, in proportion with their
ability of bearing it Avithoul oppression. But the legislation
of one nation is somelimesinlentionally made to bear heav
ily upon the interest of another,"
In this connection, referring lo the policy of the national
government, which aflbrded encouragement to domestic
manufactures, opposed by a large portion of the people, to
the extent then given, but of which the President approved,
he asks, " Is the self-protecting energy of this nation so
helpless, that there exists, in the political institutions of our
country, no power to counteract the bias of foreign legisla
tion ? That the growers of grain must submit to this ex
clusion from the foreign markets of their produce 7 That
the shippers must dismantle their vessels ? The trade of the
north stagnate at the wharves, and the manufacturers starve
at their looms, while the whole people shall pay tribute lo
foreign industry, to be clad in a foreign garb? That the
Congress of the Union is impotent to restore the balance in

1828] ADAMS. 357
favor of native industry, destroyed by the statutes of another '
realm? I trust more just and generous sentiments Avill
prevail. " If the tariff of the last session of Congress shall
be found, by experience, lo bear oppressively upon the in
terests of any one section of the Union, it ought to be so
modified as to alleviate its burden. To the voice of just
complaint from any portion of their constituents, the rep
resentatives of the States and people will never turn away
their ears. But so long as the duty of the foreign shall
operate only as a bounty upon the domestic article ; while
the planter, the merchant, the shepherd and the husbandman,
shall be found thriving in their occupations, under the du
ties imposed for the protection of domestic manufactures,
they Avill not repine at the prosperity shared with them
selves by their fellow citizens of other professions, nor de
nounce, as violations of the Constitution, the deliberate acts
of Congress, to shield from the wrongs of foreign laws the
native industry of the Union.
" While the tariff of the last session of Congress was a
subject of legislative deliberation, it was predicted by its
opposers, that one of its necessary consequences would be
to impair the revenue. It is yet too soon to pronounce, with
confidence, that this prediction was erroneous. The con
sequence of the tariff will be to increase the exportation and
to diminish the importation of some specific article. But
by the general law of trade, the increase of exportation of
one article will be followed by an increased importation of
others, the duties on Avhich will supply the deficiences which
the diminished importation would otherwise occasion. The
effect of taxation upon the revenue can seldom be foreseen
with certainty. It must abide the test of experience. As
yet, no syjnptoms of diminution are perceptible in the re
ceipts of the treasury ; as yet, little addition of cost has been
felt on the articles burthened with heavier duties by the last
tariff. The domestic manufacturer supplies the same or a
kindred article at a diminished price ; and the consumer
pays the same tribute to the labor of his own countrymen,
which he must otherwise have paid to foreign industry and
toil, — " The tariff of the last session Avas, in its details, not
acceptable to the great interests of any portion of the Union ;
not even to the interest which it was specially intended to
subserve. Its object was to balance the burdens on native
industry imposed by the operation of laws ; but not to aggra
vate the burdens of one section of the Union by the relief
afforded to another. To the great principle, sanctioned by
that act, one of those upon which the Constitution itself

358 FEDERAL GOVERNMENT. [1828
was formed, I hope the authorities of the Union will adhere.
But if any of the duties imposed by the act, only relieve
the manufacturer by aggravating the burden of the planter,
let a careful revisal of its provisions, enlightened by the
practical experience of its effects, be directed to retain those
which impart protection to native industry, and remove or
supply the place of those, which only alleviate one great
national interest by the depression of another."
Great complaints were made from some parts of the
United States, against the additional duties imposed on
cotton and woollen goods by the tariff of 1828; on the
ground that the former rate of duties Avas a sufficient pro
tection for domestic manufactures ; and also that the law,
in its operation, pressed unequally on different sections of
the country. It was said to be a tax on the non-manufac
turing, for the benefit of the manufacturing, States. These
complaints, though not confined to the States in the southern
parts of the Union, were there more loud and vehement ;
and it Avas apprehended, that some of the State legislatures
might impugn the authority of the federal government to
impose a law of such a character and results as the tariff,
which was adopted at the previous session of Congress. It
was probably with reference to this state of things, that the
President submitted some of the above remarks ; and that
induced him also to add the following : —
" The United States, and the people of every State of
which they are composed, are each of them sovereign
powers ;* AvhOe the legislative authority of the whole is
exercised by Congress under authority granted by the Con
stitution. The legislative power of each State is exercised
by assemblies deriving their authority from the Constitution
of the State. Each is sovereign within its own province.
The distribution of powers between them presupposes that
these authorities will move in harmony with each other.
The members of State and General governments are all
under oath to support both ; and allegiance is due to ihe one
and to the other. The case of a confiict between these tAvo
powers has not been supposed ; nor has any provision been
m,ade for it in our institutions,"
" More than once, in the progress of our history, have
the people and the legislature of one or more States, in
moments of excitement, been instigated to this conflict ; and
the means of effecting this impulse have been allegations.

* As strong an expression in favor of State rights and powers, as any real
federalist, or anti-consolodationist might reasonably approve or desire.

1828] ADAMS. 359
that the acts of Congress, to be resisted, were unconstitu
tional.* The people of no one State have ever delegated to
their legislature the power of pronouncing an act unconsti
tutional ; but ihey have delegated to them powers, by the ex
ercise of which the execution of ihe laws of Congi-ess, within
the States, may be resisted ; if we suppose the case of such
conflicting legislation sustained by the corresponding exec
utive and judicial authorities. Patriotism and phOan-
thropy turn their eyes from the condition in which the
parties would be placed, and from that of the people of both,
which must be its victims,"
The policy and conduct of President Adams, in his treat
ment of the Indian tribes, Avere in accordance with the
measures of his predecessors. He sought to promote their
welfare and to protect their rights ; at the same time, that
he provided means of defence for the people in the new
settlements near them, from their depredations. Under his
administration, several large tracts of land were purchased
of the tribes, lying west of the Ohio and Mississippi rivers,
and within the northwest territory. These purchases were
made in compliance with the laws of Congress for that pur
pose; and the promises and engagements of the govern
ment Avith them were faithfully fulfilled. No complaints
were afterAvards made by .the tribes against the executive,
relating to these transactions.
The view which he and his predecessors took of the
tribes, was such as justice aud humanity, and the consid
eration of the character and condition of the tribes, appeared
*' The open opposition to the laws of the federal government, in Pennsyl
vania, in 1794, on account of the excise on whisky, was by a part of the people,
and not by the sanction of the legislature of that State ; the allusion here, by
the President, was probably, therefore, to the opposition manifested by the
State legislatures ofVirginia and Kentucky, in 1798, to the alien and sedition
laws of Congress, of that period. Each of the legislatures of those States
solemnly declared their opinion " that those laws were unconstitutional ; and
therefore to be accounted null and void." But they did not engage in nor
actually prepare for open and forcible resistance to the execution of the acts of
the general government, as was done by the State of South Carolina in 1833.
They communicated their resolutions and opinions to the other States of the
Union, for the purpose of ascertaining their views, and that a remedy might be
provided for a constitutional preventive of such arbitrary laws, as they sup
posed they were. Perhaps it was a rash and unjustifiable measure to adopt
such resolutions ; but it should be remembered that they appealed to other
State legislatures to decide on the question, with the intention of inducing
Congress to repeal the laws so obnoxious to them. It does not appear that
they meditated forcible resistance to the execution of the laws of the federal
government, but only to assert the right of a State legislature to remonstrate
against an act of Congress believed to transcend the power granted by the
national compact.

360 FEDERAL GOVERNMENT. [1828
to dictate. They were originally independent nations, or
tribes; and they had rights, uncivilized and illiterate as
they were, which were to be recognized and respected by
the general government. And yet it Avas deemed proper to
exercise, in some measure, a guardian and superintending,
or controling authority over them, to preserve peace among
them, and to save them from impositions and frauds from
individuals in the United States, Such indeed had been
the views of the federal rulers from the first, '
The opinion of President Adams, as to the political con
dition of these uncivilized tribes, and of the relations be-
tAveen them and the government of the United Slates, is
clearly indicated by the following paragraph in his last
annual message to Congress, December, 1828, — "At the
establishment of the federal government under the present
Constitution of the United States, the principle was adopted
of considering them as foreign and independent powers, and
also as proprietors of lands. They Avere, moreover, con
sidered as savages, with Avhom it was our policy and our
duty to use an influence in converting to Christianity, and
bringing within the pale of civilization. As independent
poAvers, Ave negotiated with them, by treaties; as proprie
tors, we purchased of them all the lands which we could
prevail on them to sell ; as brethren of the human race,
rude and ignorant, Ave endeavored to bring them to the
knowledge of religion and of letters. The ultimate design
was to incorporate in our own institutions that portion of
them, which could be converted to the state of civilization.
In the practices of Etiropean States before our Revolution,
they had been considered as children to be governed, as ten
ants at discretion, to be dispossessed as occasion might re
quire ; as hunters, to be indemnified by trifiing concessions
for removal from the grounds on which their game was extir
pated. In changing the system, it would seem as if a full
contemplation of the consequences of the change had not
been taken. We have been far more successful in the ac
quisition of their lands than in imparting to them the prin
ciples, or inspiring them with the spirit of civilization. But
in appropriating to ourselves their hunting grounds, we
have brought upon ourselves the obligation of providing
them with subsistence ; and when we have had the rare
good fortune of teaching them the arts of civilization and
the doctrines of Christianity, we have unexpectedly found
them forming, in the midst of ourselves, communities
claiming to be independent of ours, and rivals for sove
reignty Avithin the territory of the members of our Union,

1828] ADAMS. 361
This state of things requires that a remedy should be pro
vided — a remedy which, Avhile it shall do justice to those
unfortunate children of nature, may secure to the members
of our confederacy their rights of sovereignty and of soil."*
The President referred, Avitli approbation, to a plan pro
posed by the Secretary of War •,¦{ Avho, in his report at that
time, had said, " that in their present destitute and deplora
ble condition, which is constantly groAving more helpless,
it would seem to be not only the right, but the duty of the
federal government to take them under its paternal care,
and to exercise, over their persons and property, the salu
tary rights and duties of guardianship. The most prom
inent feature in the present policy of the government, as
connected with these tribes, is to be found in the efforts
now making to remove them beyond the limits of the States
and organized territories, A very extensive tract of coun
try, Avest and north of the Arkansas territory, remarkable
for salubrity of climate, fertility of soil, and profusion
of game, has lately been set apart for the colonization of the
Indians, Liberal pecuniary inducements have been offered
by Congress to emigrants, and many have already em
braced the ofier. But the ultimate success of the project
has been greatly endangered, and may yet be defeated, by
the operation of another prominent measure of government ;
which, although suggested by the most humane motives,
comes in direct conflict Avith the plan of colonization. J
" The annual appropriation of ten thousand dollars to the
purposes of educating Indian children, and teaching them the
mechanic arts, has had the effect to draAV to almost every In
dian reservation, in addition to the agents and interpreters,
a considerable number of missionaries and teachers, with
their families, who having acquired, chiefly by aid of the
fund, very comfortable establishments, are unwilling to be
* Here it seems to be admitted that the claims of State governments, over
the Indian tribes, within their several limits, was just. But no State authority
could hence be justified in treating the tribes with oppression or severity, in
exercising authority over them,
t Hon, James Barbour of Vhginia, was then the secretary of the war de
partment, t However unpleasant this suggestion may be, to some pious and benevo
lent men, its propriety cannot justly be denied. Some missionaries have im
prudently interfered in the affairs between the Indian tribes and the general
government. Their motives, no doubt, were commendable, and they have
been instrumental of good, in some cases. But they have also sometimes
stepped aside from their proper course, and advised the Indians not to remove
nor give up their lands, when the government has been urging them to remove,
in the belief that it would be for then: benefit and preservation,
46

362 FEDERAL GOVERNMENT, [1828
deprived of them by the removal of the Indians : and thus
it is found that, while the agents specially employed by
the government for this purpose, are engaged in persuading,
by profuse distributions of money and presents, the Indians
to emigrate, another set of gover?imeni agents are operating,
more secretly to be sure, but not with less effect, to prevent
such emigration.
" If the project of colonization be a wise one, and of this
I believe no one entertains a doubt, why not shape all our
laws and treaties to the attainment of that object, and im
part to them an efficacy which will be sure to effect it ?
Let such of the emigrating Indians as choose, continue, as
heretofore, to devote themselves to the chase, in a country
where their toils will be amply rewarded. Let those,
who are willing to cultivate the arts of civilization, be
formed into a colony, consisting of distinct tribes or com
munities, but placed contiguous to each other, and con
nected by general laws which shall reach the whole. Let
the lands be apportioned among families and individuals
in severalty, to be held by the same tenures by which we
hold ours ; with, perhaps, some temporary and wholesome
restraints on the power of alienation. Assist them in form
ing and administering a code of laws adapted to a state of
civilization,* Let the ten thousand dollars appropriation
be applied, within the new colony exclusively, to the same
objects for which it is now expended ; and add to it, from
time to time, so much of our other annual contribution, as
can be thus applied, without a violation of the public
faith," As to those Indians who refused to remove, the Se
cretary of War proposed, that portions of land occupied by
them, and sufficient for them, should be set apart for their
sole use ; but that they should be subject to the municipal
laws of the State in which they resided.
The question of a just and proper treatment of the In
dian tribes in the United States ; touching their occupancy
and claims of large tracts of land, of which they made no
use, except that of hunting, their frequent wars among
themselves, and their liability to frauds or oppression from
individuals — had often been presented to the federal rulers,
and been the cause of much anxiety and difficulty. In
* A similar system was adopted, as to several tribes of Indians, in Massa
chusetts, at an early period; and was productive of good effects for some
years; but the influence was not extensive nor lasting. The experiment
served to confirm the opinion, which now generally prevails, that they cannot
be civilized. They prefer a wandering, huntmg, unsettled manner of life.

1828] ADAMS. 363
some parts of the United States, they claimed immense
territories, which lay waste and Avithout inhabitants, ex
cept that the hunter occasionally traversed them, or por
tions of them, in seeking for game.* It was therefore de
sirable to purchase these lands, for future settlement by
.citizens of the Union. And this was effected, to a great
extent, on principles of fair and just contract. But as many
of the tribes chose not to relinquish their lands, another
difficulty arose, not so easily settled or removed. The
State government, Avhere they remained, claimed the juris
diction and sovereignty of all persons within its limits;
Avhile the Indians refused obedience, in many instances,
except to their own laws and customs. As an abstract
question, the claims of the State governments seem well
grounded ; but in many cases, their treatment of the abo
riginal inhabitants were improper and severe; and the
measures adopted, in governing them, equally unwise and
unjust.f * Their perfect and exclusive right to lands, used only for hunting, has al
ways been denied or doubted, in so far as that the consent of the government
has been deemed necessary to render the title valid by law, when an individ
ual purchased their land. The tribes have not been allowed to sell their lands,
in any State or colony, to individuals, without the sanction of the legislature.
One reason for this was, indeed, to prevent all fraud or injustice towards the
Indians; but on the consideration, also, that the grants of large tracts or terri
tories from the princes of Europe, gave only a pre-emptive claim, and that the
government of each colony had the jurisdiction and sovereignty within its ter
ritory or patent.
t The number of Indians within the United States, at this time, was supposed
to be upwards of 303,000. In the State of Georgia, 5,000, — in Alabama,
19,000, — in Mississippi, 23,000, — in Missouri, 5,000, — in Michigan, 9,000, —
in Illinois, 5,000,— m Arkansas, 7,000,-94,000 east of Rocky Mountains,—
20,000 east of Mississippi river, and north of Illinois, &c.

364 FEDERAL GOVERN.MENT. [1829

CHAPTER XHI.
Andrew Jackson elected President. His character as a Statesman. His Po
litical Views. Promises Economy and Reform. Surrounded by flatterers,
and under the influence of selfish Individuals. His professions of impar
tiality, not fulfilled. Partial in his Appointments. Disposed to exercise too
great Authority, under the plea of the Public Good, or of Executive Pre
rogative. His purpose to pay off Public Debt; and to pursue the Plan of his
Predecessors. This system commended by President Monroe, and pursued
by Mr. Adams. The Finances' in a prosperous state when General Jfackson
was elected President. The pretence of extravagant Expenses by President
Adams not well founded. Prejudices against Banks. Opposition to Bank
of United States. Opposed to Internal Improvements,
Andrew Jackson, of Tennessee, succeeded Mr, Adams,
as President of the United States, on the fourth of March,
1829, He was a candidate for that high office, four years
before, when Mr, Adams was chosen by the Representa
tives, on whom the election devolved in 1825, as there
was no choice by the electoral colleges in the States, The
political friends of General Jackson had not ceased in their
efforts, from that time, to secure his election. He had some
time held a high judicial office in Tennessee ; and Avas
also several years a member of the Senate of the United
States; but he was most distinguished for military prowess.
He was alike brave and intelligent, as a military com
mander ; but was sometimes accused of rash and arbitrary
conduct. He rendered the nation eminent service in de
fending New Orleans, when attacked by a large British
army in December, 1814, and January following. When
afterAvards, he was governor of the territory of Florida, he
conducted with much decision and energy; but was charged
with some arbitrary acts, which could only be justified. —
if justified at all — by the exigencies which occurred; and
wbich, in his opinion, required prompt and summary judg
ment. His friends claimed for him many high and honor
able qualities ; and few doubted his regard for the welfare
and liberties of the country, A great defect in his char
acter Avas his susceptibility to fiattery ; by which he was
led to adopt measures not entirely consistent with political
magnanimity, nor compatible with a due respect for consti-

1829] JACKSON. 365
tutional principles, though without intention, it might be,
to violate the letter or spirit of that sacred compact.
President Jackson assumed great powers, doubtful pow
ers ; and Avas, in some instances, arbitrary in his official
conduct. For Avlienever a public officer exercises poAver not
clearly given in the Constitution, he may be said to act
arbitrarily. And nothing can justify one in such cases,
except the most evident and urgent necessity, and Avhen
omission to act would injure or endanger the public good :
for some temporary evil had better be endured, than great
constitutional principles be disregarded, Avith the pretence
of removing it.
In a military commander, there must be some discre
tionary power : but even in him, the power should be ex
ercised with great caution, and is rarely justifiable, if con
trary to or exceeding his legitimate authority, and the direc
tions given him by the civil power. And undoubtedly the
discretionary authority claimed by military officers are
often abused, or unnecessarily exerted. But cases very
seldom occur in a republic, where the powers and duties
of an officer of the government are clearly defined, and
where laws are as much a rule for him as for the people
generally, in which the exercise of poAvers, not delegated, is
necessary or justifiable. If a difficult question arises, its
solution should be left to the legislative branches of the
government, to the representatives of the people, and not
hastily decided by the executive officer alone. It is suffi
cient for him to refer the case to the determination of Con
gress. President Jackson in some instances of his executive
conduct was considered arbitrary, and as having assumed
responsibility which did not belong even to his high station,
and when an omission to act could not be justly charged
against him as any dereliction of official duty, or as endan
gering the public Avelfare. It is unhappily the fact also,
that when a man's passions and prejudices are enlisted in
a cause, however patriotic his intentions, he is liable to
err, and to exceed the authority given him by his consti
tuents and the laws.
The assumption of power, not delegated to a public
agent, is always dangerous : and it is a poor apology, in
such a case, that the public good seemed to require it, or
that he is only carrying out the wishes of the people. For
what are the opinions and wishes of the majority, in a re
public or democracy, where the people are liable to great
and sudden excitement, and to erroneous opinions, from
the intrigues and clamors of a few selfish men, cannot be

366 FEDERAL GOVERNMENT, [1829
correctly known by one surrounded by a political party :
and in acting from such considerations and representations,
the measures adopted may be very improper and highly
dangerous. But, in conforming to the constitution and the
laws, there is no danger ; certainly, there is no error in the
officer or magistrate. Republics have thus often been de
stroyed, and have degenerated into arbitrary governments
and absolute monarchies. If the constitution and the laws
are not a rule, and of binding force, with men in power,
there are no barriers against despotism ; there is no security
for liberty and equal rights, ¦
Of the subjects long under discussion and negotiation
Avith foreign nations, the most important, left unsettled by
President Adams, were that of the commercial intercourse
with great Britain, and that of demands on France for in
demnity, on account of depredations on the commerce and
navigation of the United States, during the revolutionary
period of the French nation. Efforts had been making, for
more than ten years, to obtain compensation for these
losses, but the subject had not been finally and satisfac
torily settled. And the restrictions, imposed by the British
government, on the trade between that country, especially
its colonial ports, and the United States, had not been re
moved. In July, 1825, the former colonial policy was somewhat
changed by the British administration ; and efforts were
made for supplying the West India islands, Avhich had re
ceived various articles from the United States, from their
possessions on the continent of America, from Canada,
Nova Scotia, and New Brunswick. Trade was opened to
and with all other nations, to which colonies belonged ; so
that the United States was excluded from the benefits
which the nations of Europe might secure. There was
another difficulty attending the subject. While the federal
administration Avas considering in what way the United
States could best avail itself of this measure of the British
government, the latter, in July, 1826, passed an order ex
cluding the vessels of the United States from their colonial
ports. And in this state, the commercial relations of the
two countries remained when President Adams retired from
office.*

* Mr. Gallatin, envoy at the court of London, returned in 1827; and no
other minister was appointed by, Mr. Adams, In 1829, President Jackson
appointed Mr, McLane, of Delaware, to the British court; Mr, Rives, of Vir
gmia, to the court of France; and Mr. Van Ness, of Vermont, to Spain.

1829] JACKSON. 367
In his inaugural address, President Jackson expressed
sentiments and views generally acceptable to the people
through the Union ; and it Avas predicted that his admin
istration would be propitious to the Avelfare and honor of
the nation. He had always professed a high regard for his
predecessors, and particularly of Mr. Adams, for his ability
and patriotism, as well as for his great political experience
and knowledge : and he had previously expressed opinions,
Avhich indicated a superiority to party feelings, and Avhich
authorized the belief of impartiality and magnanimity in
his appointments to office ; but a ditl'erent spirit was early
displayed, showing a purpose to place none in power but
his devoted political supporters ; a Aveakness, subjecting him
to the influence of the selfish and intriguing.
The message of President Jackson, in December, 1829,
served further to express his views on political subjects^ and
on the policy most conducive to the Avelfare and prosperity
of the country. In referring to the condition and prospects
of the United States, as a great republic, he rendered high
praise to the ability and services of his predecessors, " Our
mutual gratulations, and our devout thanks to a benign
Providence are called for, as Ave are at peace Avith all man
kind, and our country exhibits the most cheering evidence
of general welfare and progressive improvement," Speak
ing of the relations of the United States with Great Britain,
France, and Spain, with the governments of which nego
tiations had been several years maintained for deciding
questions of commerce, claims, andboundaries, he expressed
his belief that no hostile feelings or views existed, although
full justice had not been done to this country, and there Avas
a want of that spirit of magnanimity, in some cases, which
had been expected ; and that there was reason to hope for
an amicable termination of all questions which had before
been unsettled. These principally related to the colonial
trade and boundaries with Great Britain; to demands for
spoliations with France ; and to claims on Spain for depre
dations, as Avell as to the formation of a commercial treaty.
Congress were informed that these subjects had received
the anxious attention of the executive, but that the issue
Avas not known, as the ministers employed for the purpose,
had not yet time to come to any definitive results.
It had, for some time, been the policy of the federal gov
ernment to keep an adequate naval force in the Mediterra
nean, to deter the Barbary powers from committing depre
dations on American citizens and their property. And it
had the effect of producing a friendly conduct m those pow-

368 FEDERAL GOVERNMENT. [1829
ers towards the United States ; whatever might be their
disposition to injure its commerce, had there been no means
to protect it. By employing several ships of war in the Pa
cific ocean, protection had also been afforded to American
vessels engaged in the AVhale fishery in that sea. The
President bore testimony to the Avisdom and benefits of
these measures. He complained of the conduct of the
Mexican government; which, if not absolutely hostile,
could not be justly considered so amicable as had been ex
pected frorn that republic, professing so great regard for the
character, and so strong a desire for friendly relations Avith
the United States. That government had refused to ratify
a treaty, a short time previously prepared by ministers of
both republics : and for the confirmation of Avhich the led-
eral administration Avas very desirous, as its provisions were
deemed favorable to the United States. The minister from
the United States had also been an object of jealousy and
unfriendly treatment by the Mexican court, Avithout any
reasonable cause, and his recall strongly urged upon the
President. He therefore returned, by order of President
Jackson, in 1829 ; a proper measure, Avhen thus requested,
whether he Avere justly or unjustly charged with miscon
duct in his official capacity. The President, however, ex
pressed his entire satisfaction with the conduct of that
minister on the occasion.*
A treaty with the Emperor of Brazil was concluded and
signed, in December, 1828; and Avas ratified by the Presi
dent and Senate the 18th of March, 1829. This was a
general convention of peace, friendship, commerce, and
navigation. The minister of the United States, Avho signed
the treaty, Avas appointed by President Adams, sometime
before; for it had long been an object with the federal gov
ernment to maintain friendly relations with the Erazillian
Emperor, and to form a treaty similar to those with Euro
pean powers. The terms of the convention were deemed
favorable to the United States, as the territory of Brazil
afforded a market for bread stuffs and other products of the
nation. And many articles were imported from the prov
inces of Brazil which were needed by the people of the
United States, These were to enjoy the privileges of the
most favored nation, except that of Portugal, which was
the parent State of Brazil, and whose Emperor was of the
royal house of Braganza,
* Joel R, Poinsett was at that time minister from the United States lo
Mexico. The principal objection to his conduct, by the Mexican government,
was alleged interference with the society of firee-masons.

1 829] JACKSON. 369
Great changes were made by President Jackson, soon
after he came into power, in the public agents -and officers
of government, of all classes and grades : in the cabinet,
in the department of diplomacy, and in all subordinate
stations. It was expected that the members of the cabinet
would be selected from among his political and personal
friends ; and that such also Avould, in most instances, be ap
pointed to office, where there Avere then vacancies, or as they
should occasionally occur. But in a great number of caseSj
within one year, removals from office Avere made solely o»
account of political opinions, or to reward the devoted
friends of the President, Among others, William H. Har
rison, then minister to the republic of Columbia, by appoint
ment of President Adams, a short time before, was recalled,
for the purpose of giving office to a personal friend of
the President, believed to be inferior in talents, experience,^
and public service, to that able and faithful patriot.
These numerous removals from office of capable and up
right men, indicated a spirit of political intolerance, entirely
unjustifiable, if abstractly considered, and inconsistent with
the professed opinions of the President, at a former period.
He yielded too much to the representations and solicitations
of selfish individuals, who sought their own emolument,
with little regard to the public welfare. This narrow policy|
was not, indeeed, entirely new under the Jackson dynasty, j
Mr, Jefferson introduced it when he Avas chief magistratel
of the Union, Not, indeed, to the extent in which it was
practised by President Jackson ; but the principle was the
same. And it was surprising in Mr, Jefferson, who pos
sessed enlarged and philosophical views, and who admitted,
that, with some differences of political opinions, "the citi
zens were all "federalists and all were republicans." In
some of the States also, at a period subsequent to the pres
idency of Mr, Jefferson, the governors imitated this intol
erant and persecuting spirit ; and many faithful and capable
public officers were deprived of their places, merely because
they did not belong to the dominant party. Those who
had acquiesced in this mistaken policy, in the time of Pres
ident Jefferson, and under the governors of some of the
States, or who had refrained from expressing their disap
probation of it, were now found to be the loudest in their
complaints, and most ready to express their reprobation of
such an abuse of power.
The President's vicAvs expressed in this message to Con
gress, were truly republican ; but his political opponents
had cause to complain, that his official conduct was not
47

370 FEDERAL GOVERNMENT. [1829
always in accordance with his professions. " There are,
perhaps," he said, " few men who can, for a great length
of time, enjoy office and power, Avithout being more or less
under the influence of feelings unfavorable to the faithful
discharge of their public duties. Their integrity may be
proof against improper considerations immediately addressed
to themselves ; but they are apt to acquire a habit of look
ing with indifference upon the pubhc interests, and of tol
erating conduct, from which an unpractised man would
revolt. Office is too apt to be considered as a species of
property ; and government rather as a means of promoting
individual interests, than as an instrument created solely
for the benefit of the people. Corruption in some, and in
others a perversion of correct feelings and principles, divert
government from its legitimate ends ; and make it an engine
for the support of the few at the expen.se of the many, —
The duties of all public officers are, or admit of being made
so plain and simple, that men of intelligence may readily
qualify themselves for their performance : and I cannot but
think that more is lost by the long continuance of men in
office, than is generally to be gained by their experience."
A recommendation was made by the President to have the
commission of most public officers for the term only of four
years, as was before provided by law, with respect to those
who are receivers of the public monies. It would have
been happy for the government and for the people, if such
regulation always existed; and if it were strictly enforced.
Many millions would have been saved by the nation, during
the administration of President Jackson, had the regulation
been faithfully observed and enforced. In an extensive
country like the United States, where there is a necessity
for a great number of public agents, there will be numerous
defalcations and embezzlements, except a strict and prompt
accountability is required and maintained.
The following paragraphs from the President's message
to Congress at this time, will show the state of the public
finances and revenue, and the resources of the country, as
they were apprehended by his mind ; but they were not
materially different from the statement made by his prede
cessor the year before.
"No considerable change has occurred, during the recess
of Congress, in the condition of either our agriculture, com
merce, or manufactures. The operation of the tariff has
not proved so injurious to the two former, nor so beneficial
to the latter, as was anticipated. Importations of foreign
goods have not been sensibly dimuiished ; while domestic

1829] JACKSON. 371
competition, under an illusive excitement, has increased the
production much beyond the demand for home consump
tion. The consequences have been Ioav prices, temporary
embarrassment, and partial loss. That such of our manu
facturing establishments as are based upon capital, and are
prudently managed, will survive the shock, and be ulti
mately profitable, there is no reason to doubt.
" To regulate its conduct so as to promote equally the
prosperity of these three cardinal interests, is one of the
most difficult tasks of government ; and it may be regretted,
that the complicated restrictions which now embarrass the
intercourse of nations, could not, by common consent, be
abolished ; and commerce be allowed to flow in those chan
nels to which individual enterprise, always its surest guide,
might direct it. But we must ever expect selfish legislation
in other nations ; and are therefore compelled to adapt our
own to their regulations, in the manner best calculated to
avoid serious injury, and to harmonize the conflicting in
terests of our agriculture, our commerce, and our manufac
tures. With these impressions, the attention of Congress is
invited to the existing tariff, in the belief that some of its
provisions require modification.
" The general rule to be applied, in graduating the duties
upon articles of foreign growth or manufacture, is that
which wiU place our own in fair competition with those of
other countries ; and the inducements to advance even a
step beyond' this point, are controlling in regard to those
articles which are of primary necessity in time of war.
When we reflect upon the difficulty and delicacy of this
operation, it appears important that it should never be at
tempted but with the utmost caution. Frequent legislation,
with regard to any branch of industry, affecting its value,
and by which its capital may be transferred to new chan
nels, must always be productive of hazardous speculation
and loss.
"In deliberating therefore, on these interesting subjects,
local feelings and prejudices should be merged in the patri
otic determination to promote the great interests of the
whole. All attempts to connect them with the party con
flicts of the day, must prove injurious, and ought to be dis
countenanced. Our action on these subjects should be
under the control of higher and purer motives. Legislation,
subject to such influences, can never be just ; and will not
long retain the sanction of the people, whose active pa
triotism is not bounded by sectional limits, nor insensible to
that spirit of concession and forbearance, which gave life to

372 FEDERAL GOVERNMENT. [1829
our political compact, and still sustains it. Discarding all
calculations of political ascendency, the North, the South,
the East, and the West, should unite in diminishing any
burthen, of which either may justly complain.
"The agricultural interests of our country are so essen
tially connected with every other, and so superior in im
portance to them all, that it is scarcely necessary to invite
your particular attention to it. It is principally as manu- '
factures and commerce tend to increase fhe value of agri
cultural productions, and to extend their application to the
wants and comforts of society, that they deserve the foster- i
ing care of government,"
The views of President Jackson here expressed, do not
differ materially from those of his predecessors on these
subjects. But while all concurred in attaching importance
to agriculture, and in recommending its interests to the fos
tering care of Congress, there was very little direct legisla
tion for securing the prosperity, and improving the condition
of that great branch of national wealth. The natural and
common doctrine of leaving each department of industry
and enterprise to take care of itself, as inclination and profit
dictate, seems to have been adopted with respect to agricul
tural pursuits ; while particular laws have been passed, at
various periods of the government, for the protection of
commerce and manufactures. Commerce has received the
favor of government indeed, for its great contributions to
the public revenue ; and it would be most unwise and un
just, to withhold from it the protection it receives. In a
young and growing country like the United States, it would
have been impolitic also, to refuse all encouragement to
manufactures. The principal objection to the tariff of 1824
and of 1828, was that too much encouragement was given
to manufacturers, and that they received a degree of public
patronage far exceeding that granted to any other class of
citizens. With an enlightened politician, the great questions
would be. What measure of protection can impartially and
justly be granted to any particular branch of industry?
And how will such patronage affect the revenue and the
finances of the government ? President Jackson was cen
sured by a portion of the community, as an enemy to do
mestic manufactures, because he doubted the policy of the
tariff of 1828, and recommended a revision of it, as it was
unequal and oppressive in its operation in some parts of
the Union. But he did not disapprove of the policy of af
fording a reasonable encouragement to domestic industry ;
nor did he, in his public communications to Congress, differ

1829] JACKSON. 373
essentially from the opinions expressed by his immediate
predecessor, on the subject, particularly in his last annual
message to the national legislature.
The question of granting special encouragement to man
ufactures in the United States, at this period, and for some
years previously, was one of great excitement throughout
the Union. The manufacturers solicited and demanded a
greater measure of aid 'from the government, than was
deemed proper by many to afford. The protection first
granted in 1816, met with very general ' approbation. But
the law of 1824, which imposed higher duties on cotton and
woollen goods, expressly for the benefit of manufactures,
even at the hazard of a 'great diminution of the revenue ;
and that of 1828, raising the duties still higher in some
cases; were opposed by a large portion of the people,
through the United States ; and in some States was de
nounced as Unjust and even unconstitutional. The more
intelligent and experienced statesmen -were in favor of the
patronage of the general government towards manufacturers,
so far as might be effected by regulations operating equally
in all sections of the country ; as should not bring any det
riment to commerce and navigation ; and as should not in
duce too great a part of the people to neglect agriculture,
and engage in manufactures, from the expectation of enjoy
ing the peculiar favor and patronage of government.
A strong desire was expressed by the President for effect
ing the payment of the national debt with all possible
promptitude. He recommended such an annual payment,
as that the whole might be extinguished in the term of
eight years. But this was not a new policy, nor a plan
peculiar to him. . A system had been established ten years
before, in the presidency of Mr, Monroe, for reducing the
public debt of the United States in the sum of ten millions
annually. Mr. Adams adopted the same pohcy; and in
the course of eight years about one half of the debt had
been discharged. Pursuing a similar course, the present
administration might justly be expected to pay the Avhole
which remained, besides liberal expenditures for all impor
tant, national purposes.
Notwithstanding the high duties imposed by the law of
1828, on several kinds of impoited goods, the revenue had
increased in 1829, to a large amount : owing in part how
ever, to extensive sales of the public lands. For at this
period the purchasers of lands in the Aves^ and northwest,
belonging to the United States, had greatly increased.
With these means, twelve millions of dollars were paid of

374 FEDERAL GOVERNMENT, [1829
the national debt ; but particular efforts were made by the
administration to pay as large an amount of it as possible.
The public deposites were appropriated for this purpose,
which caused considerable pressure in the monetary con
cerns of the country. " And ft was apprehended," the
President said in his annual message to Congress, " that
the sudden withdrawal of so large a sum from the banks,
in which it was deposited, at a time of unusual pressure in
the money market, might cause much injury to the in
terests dependent on bank accommodation. But this evil
was wholly averted by an early anticipation of it at the
treasury ; aided by ihe judicious arrangements of ihe officers
of the bank of the United States."*
The wise management of the fiscal concerns of the gov
ernment, under former administrations, Avas recognized by
President Jackson, in his public address to the national
legislature, at this time, " The state of the finances, ex
hibits the resources of the nation, in an aspect highly fiat-
tering to its industry, and indicative of the ability of gov
ernment, in a short period, to extinguish the public debt.
When this shall be done, our population will be relieved
from a considerable portion of its present burthens; and
will find, not only new motives to patriotic affection, but
additional means for the display of individual enterprize.
The fiscal powers of the several States will also be in
creased, and may be more extensively exerted in favor of
education and other public objects; while ample means
will remain in the federal government to promote the gen
eral weal, in all the modes permitted to its authority."
The attention of Congress Avas at this time called, by the
President, to the consideration of the disposal of the surplus
revenue, after the extinguishment of the national debt,
which would probably be in eight years. He deemed it
prudent to prepare for such distribution before that event
occurred. And one great inducement with him to recom
mend the distribution of the surplus revenue, on the pay
ment of the public debt, was, that it would be more proper
for the individual States to make appropriations according
to their own views, than for the general government. For,
like some of his predecessors, he had doubts of the consti
tutional authority of Congress to expend the funds of the
nation for internal improvements.
* At this period, it appears that the President had a favorable opinion of the
bank of the IJnited States, The government then held stock in that bank, to
the amount of seven millions of dollars.

1829] JACKSON. 375
In this first message df President Jackson to Congress,
giving his vicAvs of the fiscal concerns of the government,
,;he refers to the various instances of default in disbursing
officers for several years preceding; and invites the con
sideration of the federal legislature to the subject, with a
view to their providing more effectual preventives of
similar evils in future. Similar suggestions had been made
to Congress by President Monroe, and President Adams ;
by whose recommendations laws were passed more care
fully to guard the public money in the hands of receiving
agents, by requiring frequent statements from them, and
prompt settlement of accounts at short periods, fines, and
removals from office. But all these guards proved inef
fectual, and -the losses sustained Tiy the government still
occurred every year to a large amount. The laws ap
peared to be sufficient, on this subject ; and the frequency
of these defalcations were probably owing, in part, to the
want of energy and fidelity in the higher officers of gov
ernment, whose duty it Avas to examine into the conduct
of subordinate agents, who were receivers of the public
money; and to punish or promptly remove the delinquents'
and to exact pay of their bondsmen,
President Jackson's views and professions on this subject
were correct and proper ; but, from a want of due care in
some of the principal officers in the executive, department,
during his administration, defaulters were more numer
ous than they had been at any former period. The delin
quents were kept in office, in many cases, long after their
defaults were manifest, either from a desire not to make
those enemies to the administration who had been its
friends and supporters ; or from too great lenity in the su
perior officers whose duty it Avas to bring the defaulters to
just punishment. The President recommended a discharge
or a remission of the debt from public agents who were
delinquents unconvicted of fraud. His motives might have
been generous and humane ; but in all financial concerns
of a pubUc nature, the careless and extravagant agent of
government, should be held to a strict accountability. His
motives cannot be known. Nothing but evident accident,
entirely beyond his control, should be an apology sufficient
to save him from public punishment. The experience of
many centuries, in the nations of Europe, fully proves the
necessity of severity or strictness towards all who are em
ployed in receiving and disbursing the funds of govern
ment. The President did not omit to refer to the condition of

376 FEDERAL GOVERNMENT, [1830
the Indian tribes in the United States, and especially to
those within the limits of a particular State, He Avas in
favor of the plan of their removal, similar to that proposed
by the Secretary of War, in the administration of Presi
dent Adams, He felt the difficulty of deciding as to the
proper and just treatment of them by the general govern
ment. He professed a desire for their Avelfare, for the sup
port of their rights, and for their improvement in the arts
of civilized life: and in these respects, did not difier in
opinion from the former federal executives. But his A'iews
Avere diflerent from theirs, as to the authority of the State
governments over them, Avithin Avhose limits they resided.
His opinion of State rights Avas such as to lead him to the
conclusion, that the Indians must submit to the jurisdiction
and laws of the State where they lived ; Avhereas the doc
trine of most other statesmen Avas that fliey were to enjoy
their own customs and regulations, subject only to the
government of the United States ; thus excluding all author
ity in an individual State to control or interfere Avith them.
The States of Georgia and Alabama, had previously set up
a claim to govern the Indian tribes, Avitbin their respective
limits, in all cases : and they also demanded of Congress
the removal of the tribes to some distant territory.
Former administrations had also been desirous of their
removal, if they could be persuaded to do so; but had not
admitted a right in a State to interfere Avith their municipal
concerns, nor to compel their submission to its laws. And
hence the previous dispute between the State of Georgia
and the United States, President Jackson seems not at
that time to have been in favor of any compulsion for their
removal ; but Avas inclined to admit the right of a State,
Avhere they were situated, to extend its jurisdiction over
them. But the measures adopted afterwards, during his
administration, to induce their removal, Avere by many
deemed unjustifiable, and was a matter of great complaint
against him.
By an act of Congress of May, 1830, provision was made
for reviving and opening the direct trade with the British
ports in the West India islands ; which had long been pre
vented by the measures of thc British governnient. The
terms proposed in this act of Congress Avere accepted by
the British administration, after having put their oavu con
struction on them ; which the English minister said were
somcAvhat obscure, and which he interpreted in a manner
most favorable to his nation : and the American minister
and administration, were desirous perhaps of having the

1830] JACKSON, 377
honor of negotiating successfully on the subject, which
for many years could not be favorably adjusted by the
preceding administrations. But the British ministry
availed themselves of the obscurity in the act of Congress,
and thus derived great commercial advantages from it,
while the navigation of the United States received very
little benefit under its operation.
The ports in the West Indies were, indeed, opened to ves
sels of the United States, Avith their products, on terms of
reciprocity ; but the same privilege Avas not secured for the
trade with the British colonies in the north and northeast parts
of the United States, And the consequence Avas, that the
British enjoyed almost the entire carrying trade between
those colonies and the ports of the American States. The
trade with the islands was not so profitable as formerly, and
gave much less employment to American navigation. The
vessels from the British northern proAdnces and ports had
free access to the United States on favorable terms, which
the vessels of this country did not enjoy in visiting those
colonies,* On the approbation of the act of Congress, by
the British ministry being declared, and their consent to its
proposals, when construed as they chose, officially made
knoAvn to the federal administration, the President issued a
proclamation, in October, 1830, declaring the terms of the
act of Congress to have been accepted by the British gov
ernment as to the West India ports, and therefore that the
ports of the United States were opened to British vessels
from those islands : and declaring further, the admission of
British vessels from the northern provinces, but without
stating the terms on Avhich they Avere to be admitted. This
course of the administration was not approved by the mer
cantile portion of the community ; and was generally con
sidered to be unfavorable to the commercial prosperity of
the United States, as yielding too much to the interests of
Great Britain,
By the statement of the President, respecting the Post
Office department, at this time, it appeared to have been con
ducted with great intelligence and fidelity, " The report of
the Post Master General," he said, "was highly satisfactory.
Abuses had been reformed, its revenue improved ; and the
* The act of Congress referred to the British ports in the West Indies, and
stated the terms on which the ports in the United States were to be opened
to British vessels from those places. But did not extend these conditions to
the north and northeast provinces of Great Britaui. The trade to and with the
latter remained as formerly regulated.
48

378 FEDERAL GOVERNMENT. [1830
mail transported with increased expedition,"* The admin
istration of this department was attended with many dif
ficulties. There Avere constant requests for new routes for
conveying the public mail. Every village in the Union,
hoAvever small, and every neAV settlement, petitioned for the
privilege of a Post Office : and many of them did not afford
business sufficient to compensate the carriers. But it was
deemed important, that every facility should be afforded for
the circulation of newspapers and other publications, for
the information of all classes of the people. The affairs
of this useful department were not so skilfully nor so for
tunately managed afterwards ; whether from Avant of com
petency or attention does not appear : but it soon fell into
a state of embarrassment ; and the expenses of the depart
ment, in 1833, far exceeded its income.
As had been done by his predecessor, the President at
this time recommended a revision of the judiciary system,
for the purpose of extending equal privileges, resulting from
that department of the government, to the citizens in the
ncAv, with those in the original States, Several States had
then been formed in the Union, within twelve years ; but the
federal courts were held less frequently and in fewer places,
in these new States, compared to the extent of territory, than
in the old States, The subject had been under consideration
in Congress at several previous sessions ; but from a diversi
ty of opinion, as to the number of additional justices, and
the places of holding the courts, nothing had been decided.
The President referred in this message to the Bank of the
United States, although its charter would not expire for
more than six years. He said, " that both the constitution
ality and the expediency of the bank were questioned by a
large portion of the people :" and also expressed his oavu
opinion, " that it had failed in the great end of establishing
a uniform and sound currency." He probably had reference
to the people in the interior, and not in the States where
they were concerned in commerce and navigation; for the
merchants and others, iu the Atlantic States, were generally
in favor of that bank ; and they also fully believed that it
did much to sustain a sound and uniform currency through
the Union ; Avhich could not be supported without it.
If a similar monied institution were necessary, the Pres
ident was of opinion, that one wholly of a national charac-
* John McLean of Ohio, was then at the head of the Post Office depart
ment; but was soon after appointed a Justice of the Supreme Court of the
United States.

1830] JACKSON. 379
ter, under the sole and exclusive direction of the federal
government, and founded on the credit of the government,
would be most proper. This was, in fact, the germ of the
sub-treasury system of a later period ; which jiroposes to
keep the public monies in the hands or under the control of
the executive ; and to exclude the citizens from all the ben
efits they enjoyed by means of the bank of the United States,
and would, in a great measure, remove the public funds from
the power of Congress, In this institution, as originally de
signed in 1791, and then still maintained, the merchants
often found relief; and if there were ever any defects
in the management of the bank, they were not to be named
as objections to its continuance, when compared to the ben
efits resulting to the citizens engaged in trade and commerce ;
and through them to the whole nation, and to the prosper
ous state of the finances of the government itself
This session of the federal legislature continued for six
months ; and the following laws were the most important
which were passed during that period — for the re-appropri
ation of thirty thousand dollars, for the suppression of the
slave trade, which had been appropriated two years before,
but was not expended, and which was founded on an act
of Congress of 1819 — for repealing an act imposing tonnage
duties on vessels, of which the officers and two thirds of the
seamen were citizens of the United States — for the more
effectual collection of impost duties, appointing eight ad
ditional appraisers to examine goods imported ; but no new
regulations to prevent defaults in the officers of the cus
toms — for the appointment of an additional officer to be
attached to the treasury department, called the solicitor of
the treasury— for reducing the rate of duties on tea and
coffee, as recommended by the President in his annual mes
sage ; also on salt and molasses, and allowing a drawback
on spirits exported, distilled from that article, which the
existing laAvs did not permit — for allowing a portion of the
claims of Massachusetts for services and expenses of the
mihtia in 1812 — 1814, in time of war, and for which
that State had not been reimbursed ; the amount allowed
being four hundred and thirtythousanddollars, about half the
sum claimed — for the removal of the Indians from lands occu
pied by them within any State of the Union, to a territory
west of the river Mississippi, and without the limits of any
State, or organized territory, and belonging to the United
States, by purchase or rehnquishmeiit of the Indians, by
treaty ; to divide such western territory into districts, for
the reception and permanent settlement of those who should

380 FEDERAL GOVERNMENT, [1830
consent to emigrate from their residence on the east of that
river, they relinquishing all claims to lands they then occu
pied ; the tribes to have the solemn assurance of govern
ment, that it Avill forever secure and guaranty to them and
their posterity, the tract of country so exchanged Avitii them
for the lands they should quit in Georgia, Alabama, and
any other States ; and should they abandon the territory at
a future time, the same to revert to the United States : the
Indians to have the amount of their improvements made
on the lands they may leave; to be aided in their removal,
and supported for one year by the federal government ; to
be protected against assaults from other tribes in thc vi
cinity of their new residence ; and five hundred thousand
dollars were granted for these purposes.
The receipts in the public treasury for the year 1829,
from customs, sale of lands, &c,, amounted to the sum, of
twenty-four millions eight hundred twenty-seven thousand
six hundred twenty-eight dollars, being a littio over those
for the year 1828; Avhich were twenty-four millions seven
hundred sixty-three thousand six hundred thirty dollars ;
and in 1830, it was about twenty thousand dollars greater
than in 1829, aud one hundred twenty thousand above the
amount in 1828. The public expenditures for the same
years amounted, in 1828, to twenty-five miUiotis four hun
dred and fifly-iiine th,ousa,nd dollars ; in 1829, to l.u^eniy-
five millions and forty-five hundred dollars; in 1830, to
tioenty-four millions six hundred thousand dollars ; in 1831,
to thirty millions and, thirty-eight thousand dollars ; and in
1832, to thirty-four millions three hundred and fifty-seven
thousand dollars.*
During this session of Congress, a highly interesting de
bate took place in the Senate, on a resolution offered by one
of the members, relating to the public lands, which were
very extensive, and estimated of great value to the nation.
The sales Avere so loosely managed as that little, com
paratively, Avas received in the public treasury : some was
sold to speculators ; much was nominally purchased, but
payment not enforced ; and large tracts, belonging to the
Union, within the new States, Avere constantly granted to
those States respectively, for internal improvements, and
means of education therein. The consequence Avas, that
the original States received little advantage from these
lands, though they Avere originally ceded or acquired for
" And the expenses of the government were gradually increased for several
years, even after the public debt was paid.

1830] JACKSON. 381
the benefit of the whole Union. There had been already
several systems proposed for regulating the sale and apply
ing the proceeds of them. Some of the new States were so
extravagant as to claim all the public lands within their
limits. Others proposed to sell tliem immediately; Avhich
would permit a few speculators to purchase the whole, —
And some Avere in favor of selling low, aud Availing a long
period for the payment; with a view to accomplish their
more speedy settlement,*
The resolution offered was to abolish the office of the
land commissioner, and to suspend the sale of public lands
for some years, Avhen they Avould probably be of more
value. The sifbject Avas justly interesting to all the mem
bers of the Senate ; for the results of these various plans
must be very different to the States, Generally, the Sen
ators from the old, and those from the ubav States, enter
tained opposite Views on the subject. And a Senator from
South Carolina, asserted and labored to prove, that the
eastern States especially, were disposed to retard the settle
ment of the Avestern parts of the Union, from selfish or
political views ; and therefore Avished to prohibit the sale
of the public lands, till some distant future period. It Avas
intimated that the statesmen of the eastern part of the
Union, Avere jealous of the groAvth of the Avest, as it Avould
lessen their portion of influence in the general government,
and would also drain them of much of their population,
which would prove injurious to their manufacturing estab
lishments. Such suggestions Avere made by members from
the south as well as from the Avest. Party or political
views, perhaps, had an influence with some members in
the views they expressed, and in the charges they made
against the eastern States. For strange opinions are ad
vanced, and improper systems urged, not unfrequently, for
party purposes ; and those Avho cherish such purposes
themselves are often ready to charge their opponents with
ginister views.
It had become customary, at this period, to take a wide
range in debate, and to refer, by Avay of illustration or
otherwise, to political subjects of a general nature, which
divided the friends and the opponents of the administration.
The Senator from South Carolina not only seized this oc-
* It was stated at the time, that lands, to the amount of nine millions s?ven
hundred and fifty thousand dollars, had been appropriated, from 1790 to 1829,
for surveys, for public roads, for academies and schools, and for various works
of internal improvements ; and almost exclusively for the benefit or the new
States.

382 FEDERAL GOVERNMENT, [1830
casion to reproach the eastern States Avith a design lo pre
vent the settlement and increase of the Avestern parts of the
Union, from sectional or political vicAvs; but to plead for
the doctrine of State rights and power, to a novel and
alarming extent; though it had no necessary or immediate
connection with the question before the Senate; contending
that the several States Avithin Avhich the public lands Avere
situated, should have the entire control and jurisdiction
over them. The real or direct question, arising out of the
resolution before the Senate, Avas lightly touched by him ;
while the points, just mentioned, Avere discussed at great
length, and not without much ingenuity and eloquence :
and yet, in the opinion of many impartial men, Avith less
sound reasoning than plausibility. His remarks were so
plointed and so severe on the character of the eastern States,
that the sensibility of the members from that section of the
Union was much aAvakened, and they felt obliged to no
tice and to repel them. They differed in some respects
from the vieAvs of the Senator of South Carolina, and those
who agreed Avith him, as to his plan on the subject of man
aging the public lands; and as fo bis doctrine of State
rights, and his insinuations of hostile feelings in the people
of the east towards those in the west, they were entirely
at issue with them. They believed that State rights, as
asserted and contended fOrby him, would interfere with and
render utterly powerless the authority of the federal gov
ernment, Avhich Avas clearly granted by the Constitution,
The legitimate conclusion from the doctrine advanced
would be, that a single State even might control the gen
eral government; in other words, that one State might
govern all the others in the Union. Such probably was
not the opinion of the able Senator, but it evidently fol
lowed from his doctrine.
Mr. Webster, who Avas then a member of the Senate from
Massachusetts, replied to the Senator from South Carolina,
with great power and effect. His argument on the powers
of the federal government, granted by the Constitution, as
being paramount in certain cases, to any and all State au
thority, was generally admitted to be sound and entirely
unanswerable. He contended that on subjects fully com
mitted to the general government by the Constitution,
its powers were exclusive and unlimited ; that no one
State, nor even a number of States, might justly interfere
with its measures ; and that the public land, not particu
larly and expressly ceded to a State, or sold to companies
or individuals, was solely at the disposal and under the

1830] JACKSON. 383
jurisdiction of the United States government. When ho
Avas charged \fith pleading for the consolidation of the
States, he replied, that he was not disposed to derogate
from their authority in any cases or on any subjects, ex
cept in so far as the Constitution had given power to the
general government — which was of course paramount to
that of a State — tlial in many respects, the States were sove
reign, and had tho entire control of their own internal af
fairs, that hc was in favor of the consoHdatio)! of the Union — .
Avhicli was the d(>sigii of the framers of the Constitution of
the LInited States, — though not of the States, in the sense
charged by his oppoiunits. He then showed that the gen
eral government had the sole management and disposition
of the public lands, Avhich had been ceded by different
States, for the benefit of tho Avhole. He did uot wish, he said,
to o.Kclade the now States frorn their just portion of the pub
lic lands, or from an equal share in the benefits to be de
rived from the sales; but contended that the original
States had an equal, if not a superior, right to them. He
said he Avas not averse to the policy of retaining a large
part of the lands for a future revenue, and yet Avas in favor
of selling small tracts to actual settlers, and thus gradually
to fill up the vacant territory Avith inhabitants.
The Senator from Massachusetts referred to the insinua
tions Avhich had boon made against the politicians of the
New England States, as if they were selfish; or were op
posed to the prosperity and improvements of the new
States iu the west aud northwest. And here he discovered
some indignant feeling, as justly he might, The reproach
on the eastern States Avas not just ; it Avas, indeed, alike
unfounded and ungenerous. They did, indeed, contend for
the privileges of commerce and navigation; and it was for
the protection of these departments of business, in great part,
that the federal government had been instituted. It Avas
important also, that manufactures, Avhich Avere more at
tended to in the eastern and middle States than in the south
or west, should be encouraged, for the prosperity of the
Avhole nation. But it Avas not therefore attempted, nor de
sired, to depress the inhabitants of the Avest, in their agri
cultural enterprises, nor to prevent tlie settlement of the
vast territory in that section of the Union. It Avas only
contended, that the public lands should not be wholly ap
propriated for the benefit of the settlers thereon, or the States
where they were situated ; but should be sold, or so man
aged, as to secure to the original States their just propor
tion. No particular law resulted from tliis protracted and

384 FEDERAL GOVERNMENT. [1830
able discussion. The subject long continued before Con
gress ; but so various have been the plans for the dispo
sition of the public lands, that no one has yet received the
sanction of the federal legislature.
Other important subjects were introduced and debated in
Congress, at this session, and occupied much time, but on
Avhich there Avas no decided legislative action, A bill for re
trenchment in the public expenditures was repeatedly dis
cussed ; but it was not passed ; after all the charges of ex
travagance against Mr. Adams's administration, it was not
found that any items of the public expense could be rea
sonably dispensed wnth. The charge made in 1828, of this
nature, was chiefly for party objects, or in ignorance ; and
the appropriations and expenditures for 1830, and annually
afterwards, were fully equal to those made from 1825 to
1828, except that about fifty thousand dollars had been ex
pended in 1826, '27, and '28, for various surveys, as au
thorized by laws of Congress, with a view to public and
national objects — these were not continued during President
Jackson's administration, as he doubted the right of the
federal government to expend money for such purposes.
In his public message to Congress, in December, 1829,
the President recommended a revision of the tariff of 1828 ;
of which the people in some parts of the Union complained
as excessive and unequal. He was in favor of affording
encouragement to domestic manufactures ; but believed, as
many others did, that a less duty than that imposed by the
former law, would prove a sufficient protection for manu
facturing establishments in the United States. The subject
was referred to a committee in the House of Representa
tives, by whom a report was made, that it was inexpedient
to make any alteration in the law then in force. This re
port was accepted in the House, though the minority, on
the question, was a large one. The subject was discussed
in the Senate, where the majority were disposed to have
the act modified ; but the vote of the Representatives, being
in favor of its continuance unchanged, nothing could be
legally effected. No doubt that considerations of local in
terest had an influence in the opinions entertained ; the
manufacturing establishments were not to be found in the
southern parts of the country. In the eastern and some of
the middle States, they were numerous ; while few had been
introduced in the south or west. In May, 1830, a bill was
passed in both branches of the national legislature, making
appropriations for the erection of lighthouses, beacons, &c,
—for improving harbors, and for surveys — which was laid

1830] JACicsoN, , 385
before the President, on the last day of the session, for his
approval. But he did not give it his signature, nor return
it to Congress with objections. And thus it failed to be
come a law. The President was blamed on this account,
as being arbitrary, or as neglecting his official duty. It
was said by his pohtical friends, that he was opposed to
some of the objects for which the appropriations were made,
and had not time for a due consideration of the bill in all
its parts. Some of the provisions related to Avorks of in
ternal improvements, on the constitutionality of Avhich he
entertained doubts.* A similar complaint was made re
specting his conduct, at a later period, when he retained a
bill regulating the sale of the public lands, which was of
great importance, Avithout signing it, and when there was
sufficient time to have examined and returned it for the
further action of Congress.
The annual message of President Jackson, in December,
1830, was unusually elaborate. It was full and minute, in
the statements relating to the proceedings of the executive
department of government, during the recess of the legis
lature ; to diplomatic occurrences and efforts ; and to the
fulfilment of various acts of Congress, assigned to the action
of the President; with more of reasoning, to show the cor
rectness of the conduct of the executive, than usual, or was
perhaps necessary. For it is the province of the legislative
to examine the executiA'-e proceedings, and to judge of their
correctness. The acts of the administration, during the year 1830,
besides the common and necessary duties occurring in
the various departments of the government, were referred
to in the message, and afford ground for an opinion of the
true state and condition of the United States, at that period.
The commercial in tercourse Avith the colonial ports of Great
Britain, though nominally improved, remained very nearly
on the same footing it had been for several years previously.
A Convention had, indeed, been formed and accepted ; but
the commercial part of the nation Avas not satisfied with it,
as there was much ceded, to the benefit of England, and
but very little to the United States. The restrictions on
American vessels, visiting the colonies of Great Britain,
were not removed. The negotiation had been conducted

* in his next annual message, the President stated his objections to the bill
for a subscription to the stock of the Louisville and Portland Canal Company, ,
to be of this character ; and that he disapproved of the bill for lighthouses, &c.
as their increase served rather to confuse and mislead the navigator than to he
a meang of safety.
- 49

386 FEDERAL GOVERNMENT. [1830
and concluded in a friendly manner by the ministers of the
t\vo governments ; and a hope was expressed by the Presi
dent, that in due time more favorable terms might be ob
tained, and a fair reciprocity in trade, betAveen the ports of
both nations, be established.* The attempts made for par
ticipating in the trade of the Black sea, had not proved un
successful ; and by a treaty then - recently made Avith the
Sublime Porte, similar privileges were granted to the
United States as to the most favored nations in Europe.f
The relations between the United States and Russia were
of a stable and satisfactory character. A treaty had been
agreed on with Denmark ; by which six hundred and fifty
thousand doUars were to be paid to American citizens, as
an indemnity for spoliations on their commercial property
in 1808 — 1811. Similar indemnity was expected soon to be
received from some other European governments, on Avhom
claims had been several years before made, for like previous
depredations. The negotiations Avith France for a recogni
tion and alloAvance of claims on that government, in con
sequence of depredations committed on American commerce,
at former periods, and to a large amount, had been prosecuted
with renewed zeal, and with a strong hope of speedy success ;
for a friendly spirit was manifested by the French govern
ment on the subject, although some objections were offered,
as to an allowance of all the claims ; the recent revolution
in France indicating a favorable result to the negotiation, J
as well as a proper occasion for extending the commercial
* It was more than intimated, in the instructions given to Mr. McLane, the
Envoy to the British court, in 1830, that the embarrassments on the commer
cial intercourse between the two countries, especially with the colonial ports
of Great Britain, should be attributed to the impropei*demands or the mistakes
of the preceding administration ; and that President Jackson and his ministers
were more desirous of adjusting the difficulties on this subject, and would be
more ready to agree to the terms proposed by the British government. A sug
gestion indicative of a want of good policy as well as of true patriotism. Pres
ident Adams had made every reasonable aud proper effort for adjusting these
difficulties. But the British chose their own peculiar policy, or not treat at
all. No one was more desirous of treating on the subject of commercial inter
course with foreign nations, on terms of reciprocity, than Mr. Adams.
t The commissioners by whom this treaty was formed, had been appointed
by the President in 1829, without consent or knowledge of the Senate ; nor
was the Senate's consent asked at the next following session. This was a sin
gular proceeding ; for in .all cases, a mission on a new subject, had not been
made by the President without consulting the Senate. Mr, Tazewell, ofVir
ginia, severely censured the President for this act ; and opposed the bill for
allowing a salary to the commissioners. He said the act was unconstitutional,
a flagrant derogation of the rights of the Senate ; and ought not to be passed
over by the Senate without express condemnation,
t Mr. Rives, of Virginia, was then the minister of the United States to
Franco ; whose ability and attention the President acknowledged to be highly
satisfactory.

1830] ¦ JACKSON. 387
intercQurse between the two countries : new efforts were
made for bringing the subject of the boundary between the
United States, and the British possessions adjoining, to a
final termination, by submitting the question to the arbitra
tion of a Prince, friendly to the two nations, and laying
before him all the evidences in the case ; and a hope was
confidently entertained, that his opinion and decision would
soon be knoAvn. The misunderstanding with the republic
of Mexico promised to be removed, as the jealousies of that
government tOAvards the United States had in a great
measure been obviated, by the explanations which had been
then recently offered — measures had also been adopted for
preserving tranquillity on the borders of the United States
and that republic. The financial affairs of the government
continued in a prosperous condition ; the expenditures being
less than fourteen millions of dollars, exclusive of the
amount appropriated for paying the annual instalment of
the public debt, which was eleven millions ; and the re
ceipts into the treasury, exceeding twenty-four millions;
a large portion of which accrued from the sales of land
belonging to the United States,
In the address of the President, at this time, he expressed
his views at some length of the powers of the federal and
State governments, and of the importance of avoiding all
encroachments of each on the other. He had given similar
opinions before, and they had an infiuence in leading him
to object to bills for appropriating the public funds to most
works for internal improvements. For unless of a mani-
fesdy general and national benefit, they would be unequal,
and inevitably give occasion for complaints from some
parts of the Union. He considered it of vital importance
" to the Union to sustain the State sovereignties, as far as
consistent Avith the rightful action of the federal govern
ment, and of preserving the highest attamable harmony
between them," The opinion was again expressed of the
propriety of limiting the office of President to one term, and
that for four or six years. And the entire independence of
the legislative and executive departments of the govern
ment, of each other, was strongly urged, as necessary to
the general welfare. But the doctrine, as it appeared to be
understood by the President, Avas disapproved by a great
portion of the people ; and it was beheved that the execu
tive was but the organ or agent of the legislature, in most
cases, designed to carry into effect the laws enacted by the
Representatives of the people. In some respects, indeed,
the chief magistrate is independent of the other branches of

388 FEDERAL GOVERNMENT. [1830
the government ; but not to the extent supposed and claimed
by General Jackson.
In this message the President again referred to the con
dition of the aboriginal tribes of the country ; and gave his
unqualified testimony to " the benevolent policy " of the
federal government from its origin toAvards these uncivil
ized people. He repeated the opinion, which he had before
given, in favor of their removal to a territory entirely ex
clusive of the settlements of the white population. It had
been the desire of the government, as he said, for thirty
years, to effect their settlement far west of the Mississippi,
and separate from any State or territorial district of the
United States; but nothing Hke compulsion had been pre
viously used to effect the object. This conduct was alike
humane and just towards the native tribes, and favorable
to the settlement and peace of the States Avhere they had
resided. It Avas justly a- matter of complaint only when
these tribes Avere absolutely ordered to remove, and threat
ened with the displeasure of the government if they did not
speedUy consent to depart from the lands formerly occupied
by their ancestors. The President avowed his friendly
regards for the native tribes of Indians ; and no one could
justly doubt the sincerity of his professions ; while his
winking at the strong measures of some of the southern
States, where they then resided, to force them to remove,-
subjected him to censure in other parts of the country.
The strong opposition to the high tariff of duties on
many imported articles, Avhich was adopted in 1828, and
was designed to encourage domestic manufactures, induced
the President to refer again to the subject on this occasion.
He expressed an opinion favorable to the protective policy,
as necessary to the prosperity of the United States : but
suggested the importance of some modification in the law,
passed two years before, to reconcile it to the views of the
people in the non-manufacturing States. He was aware
of the difficulty of accomplishing this desirable object.
His immediate predecessor had expressed a similar opinion,
in 1828 ; and suggested some modification for the purpose
of rendering the operation of the tariff of that period more
equal and satisfactory to all classes of citizens, and to all
parts of the Union. No act was passed, however, either in
1829, or 1830, for modifying or altering the law of 1828.
President Jackson, early discovered his disapprobation
of the Bank of the United States; He had doubts of the
constitutional poAver of Congress to incorporate such a
company : and he expressed an apprehension of its mis-

1830] JACifsON. 389
management, by Avhich it was productive of more evil than
of benefit both to the government and the people. He even
doubted the utility of any banking institutions in the na
tion. Probably he had prejudices against them, as they
often afforded facilities to speculators, and served to sup
port the credit system of the country to a mischievous
extent : and from the failure or suspension of specie-pay
ments with many banks in the western parts of the Union.
No doubt there was some foundation for his opposition to
them : but it was an unjust conclusion, that all such com
panies should be prohibited, because some of them bad
been unwisely administered. He had referred to this sub
ject in a former message, and fully expressed his views
unfavorable to a renewal of the charter of the Bank of
the United States. But the committee of the Senate, and of
the House of Representatives, to Avhom the subject Avas re
ferred, at the preceding session, made a report adverse to
the opinion of the President; and in favor of continuing
the bank : and they disapproved of the project of a gov
ernment bank. They believed " the latter would derange
and injure the currency, and what was far worse, destroy
the liberties of the people." And as to the constitutionality
of the Bank of the United States, they said, it had repeatedly
received the sanction of Congress. In repeating his opinion,
at this time, he suggested the plan of a bank, very differ
ently formed, and v/holly under the management and
control of the government. It might still be callled the
Bank of the United States, or a Bank of the Treasury de
partment, he said ; and its object be to secure all the ad
vantages afforded by the bank then in operation, as to the
finances of the nation, " It might," he said, " be based
on public and individual deposites, but without power to
make loans, or to purchase property : not being a corporate
body, having no stockholders, debtors, or property, and
but few officers, it would not be obnoxious to the constitu
tional objections which might be urged against the present
bank : and having no means to operate on the hopes, fears,
or interests of large masses of the community, it would be
shorn of the influence which makes that bank formidable;
the States would be strengthened by having in their hands
the means of furnishing the local paper currency through
their owti banks ; while the bank of the United States,
though issuing no paper, would check the issue of the
State banks, by taking their notes in deposite and for ex
changes, only so long as they Avere redeemed with specie."
It did not appear, however, by these suggestions of the

390 FEDERAL GOVERNMENT. [1830
President, that he had matured any plan for a bank, as a
substitute for that of the United States, Avhose charter
would expire in 1836. But one may see, even in these
outlines, that he Avas in favor of depositing and keeping
the public funds, in a mode similar to that afterwards pro
posed by his successor. The plan was, indeed, that of
a Sub-treasury system, in embryo : which provides for
placing the funds of the nation entirely under the control
and management of the executive part of the government.
President Jackson gave a practical proof of his views on
this subject, in 1833, by taking the public funds into his
OAVU hands, Avithout authority of Congress, and most evi
dently contrary to the spirit of the Constitution and of the
laws relating to the treasury department.
In all free governments, the public treasury is under the
control of the representatives of the people, and of the most
popular branch or House of Representatives ; and this also
has the exclusive right to originate bills for grants and
appropriations of the people's money. The chief magis
trate has indeed a voice in the laws made for the regula
tion of the funds ; but it is an arbitrary assumption of
poAver in him to make any use or disposition of them other
than such as the laws of the legislature have directed.
This is a fundamental principle recognized by the framers
of our Constitutions, State and federal ; and a violation, or
disregard of it, is far more alarming than any single act of
misjudgment or impolicy. What stampt this conduct as
particularly improper and arbitrary, was the consideration
that the legislature had just before instituted an inquiry
into the state of the bank, and declared it a safe deposite
for the public funds of the government.
There was a large deficit in the Post Office department,
for the year 1830. Two years before, under the manage
ment of a different person, — Hon, John McLean, of Ohio,
afterwards a Judge of the Supreme Court of the United
States,— it was in a very prosperous state. But either
through the inefficiency of the present Post Master General,
or an injudicious increase of post routes and post offices,
the balance was against the department in 1830. It had
not always, indeed, yielded a sufficient sum to meet the
expenses ; but at this time the deficit was greater than for
many preceding years. The officer now at the head of the
department, was accused, how justly cannot be proved,
of party views in his appointment of mail contractors, and
of multiplying post offices unnecessarUy.
An effort was made, in 1831, to alter the law of the

1831] JACicsoN. 391
United States, passed at an early period of the federal gov
ernment, defining the duties and declaring the authority of
the Supreme Court under the Constitution. A report was
made in the House of Representatives, to repeal the section
of that law, which gave jurisdiction to the court, in certain
cases, on appeals from decisions of the State courts. The
law, a part of Avhich was noAv proposed to be repealed,
had been adopted more than forty years, and no complaints
made against it. It was uoav pretended that such super
vising power in the federal court, was inconsistent with
the authority ahd rights of a sovereign State ; and the al
teration was urged by those who were opposed to all ap
peals from the State courts, to a court of the United States.
The report indicated hostility to an independent judiciary,
as well as to an evidently legitimate authority in the fed
eral government, to decide on questions of a general nature,
and given exclusively to its jurisdiction. It gave alarm,
therefore, to the true friends of the Union and of the federal
Constitution. But the report received the negative vote
of a large majority of the House of Representatives ; and
did not go to the Senate, for the opinion of that branch of
the federal legislature.
At the session of Congress, in 1831, a large sum Avas ap
propriated for extending the Cumberland road, through
Ohio and Indiana, to Illinois, It was considered of great
general or nationai benefit ; and therefore, several members
of Congress voted for the expenditure, who Avere opposed
to appropriations for most Avorks classed under the head of
internal improvements. President Monroe, as well as
President Jackson, doubted the right of the federal govern
ment to expend the funds of the nation, except the object
was evidently of great public and general advantage. But
as this road had been commenced, there was good cause for
extending it far west, to the vicinity of the ^public lands,
and as a very convenient passage Avay, from the Atlantic
to the farthest western settlement.
Another act was passed at this time, showing a disposi
tion and a supposed right in the federal government, to ex
pend public money or property, for the internal prosperity
of the country, not expressly enumerated in the federal
Constitution among the powers granted to the general gov
ernment. This was for the encoura'gement of the cultiva
tion of the olive. A law was passed on the subject in
1817, granting tracts of land, as a premium to those who
should, within a certain number of years, cultivate the
olive with success. The propriety of that law was now

392 FEDERAL GOVERNMENT. [1831
recognized, by confirming the former grants of land, on
proof having been adduced that the cultivation had been
pursued, and in sorne cases with success : and by a condi
tional grant of lands to others engaged in the growth of
the olive, if they should persevere,' and succeed in the ex
periment. On the same principle,^ — that of regard to the
general prosperity — expenses were incurred by Congress,
with reference to the culture of the mulberry- tree for the
silk-worm, and the manufacture of silk, — in paying for
treatises written on these subjects. A pamphlet was pub
lished in 1828, in pursuance of a resolve of Corigress ; but
the general government gave no further encouragement;
probably doubting the utility or propriety of the measure.
During this Congress, an act was passed for the benefit
and relief of insolvent debtors to the IJnited States: It ex
tended to all debtors to the federal government, except the
principals on official bonds; or such as had received public
monies, and not paid the same over to the treasury depart
ment. A few honest and unfortunate men found relief in
this laAV ; but its beneficial efl'ects were not very extensive.
The debtors to the government were chiefly of that de
scription who were excepted from the provisions of the
act. It was but an apology for a bankrupt law, Avhich
Congress is authorized, by the Constitution, to enact. The
present insolvent law was a poor substitute for the former.
And it is certainly strange, that, with the express grant of
power to the federal government to pass uniform laws on the
subject of bankruptcy, and imperfect as all State insolvent
laws must be, as they are not binding out of the State adopt
ing them, a law of Congress for this purpose has not been
enacted. As such a law is chiefly forthe benefit of traders
and merchants, whose business may, and often does, extend
in various parts of the United States, it belongs to the general
government to legislate on the subject ; and thus to provide
that the laws shall be one and the same throughout the
nation. In the course of this year, 1831, treaties were concluded
and ratified with the republic of Mexico — ^one referring to
the boundaries between the two countries; and the other to
commerce and navigation. A convention Avas also con
cluded, the same year, with France, on the subject of claims
made by the United States on the government of that king
dom, for depredations committed on the American commerce,
several years before, under the reign of the first Consul, the
Emperor, or the Directory, Negotiations for this purpose
had long been conducted by able ministers from the United

1831] JACKSON, 393
States, but no satisfactory terms had been definitely setUed.
The French government set up an opposing claim, on ac
count of the non-fulfilment of a treaty made in 1778, be
tween the United States and the King of France, for the
assistance of the former to defend the West India islands of
the latter, if attacked by the British. The American ad
ministration believed they Avere exonerated of all such de
mands from France by subsequent events. After much
discussion and delay on the subject, a great portion of the
claims of the United States Avere now consented to be paid
by the French government ; and an abandonment declared
of its former demands and claims on account of the treaty
of 1798, relating to a supposed guaranty of the West India
islands by the former American Congress, But this promise
of indemnity was not fulfilled in the time agreed; and the
delay furnished an occasion .for unpleasant and minatory
dispute, three years afterAvards.
As a census of the United States had been taken in
1830-1, a new appointment of Representatives among the
several States AVas now ordered ; and after a good deal of
discussion, and different ratios proposed, the number fixed
for one Representative Avas forty-seven thousand and seven
hundred. In 1791, it Avas one for every thirty thousand ;
in 1801, one for thirty-three thousand; in 1811, one for
thirty-five thousand ; in 1821, one for forty thousand.
Among the important measures of the federal government,
in 1831, and the political events aflecting the United States,
Avere those relating to the subject of boundaries between
the State of Maine and New Brunswick, which had been
submitted to the arbitration of the King of the Netherlands ;
but in Avhose judgment the government of the United States
did not acquiesce ; as in his decision he had departed from
the real question referred to him, and had given an opinion ^
which was of the nature of a compromise, allowing to "
Great Britain a large tract of land, claimed by the United
States, by virtue of the local boundary described in the
treaty of 1783, and which was recognized by the treaty of
Ghent in 1815. The friendly relations betAveen the United
States and Great Britain, Avere, hoAvever, still fully preserved
and maintained. The treaty with France, was finally settled
a short time before, the sum promised to be paid, for com
mercial spoliations, though not SO large as claimed, being
sufficient to satisfy most of the claimants ; while a small sum
was stipulated to be alloAved the French government for de
mands on the United States ; and a reduction of duties on
American cotton, and on Avines imported from France, which
50

394 FEDERAL GOVERNMENT. [1832
Avas agreed to as a consideration for yielding an important
claim for certahi commercial privileges, which the French
government had urged under their construction of the treaty
for the cession of Louisiana, Treaties of cominerce had
also been rencAved with Sweden and Denmark, Fresh ne
gotiations had been instituted with the governments of Cen
tral and South America, (formerly colonies of Spain,) on
account of depredations on the commerce of the United
States, for which they apologized, by pretending that vio
lations of blockades had been committed by the vessels
confiscated or detained ; and by the consideration that no
commercial treaty had been formerly made by the United
States and Spain, their parent government, Avhich obliged
them to allow such privileges or favors, as had been stipu
lated in the treaties of other European powers.
The removal of some Indian tribes from the States, in
which they had formerly resided, had been effected duringthe
year, and others were preparing also to remove in the year
following — -they Avere chiefly from the States of Mississippi,
Alabama, and Georgia — and the lands, provided for their
future settlement, Avere far west of the river Mississippi, and
beyond the territory occupied by citizens of the United
States ; and where they were to be entirely separated from
all State authority ; wliich it was supposed would conduce
to their welfare, their preservation, and to the peace of the
nation. The public finances appeared to be in a prosperous
State, as for several preceding years, and the usual reduction
of the national debt made. The President again expressed his
views, as given on a former occasion, on the propriety of an
alteration of the Constitution, for preventing the same per
son to serve or be elected as President of the United States
a second term ; and against the policy of rencAving the
charter of the bank of the United States, Avhich would
expire in 1836.*
* The Secretary of the Treasury — Louis McLane, of Delaware — in his re
port on the public tinances and the currency of the United States, expressed
views very different from those contained in the annual message of the Presi
dent, at this period. His opinion was in favor of the national bank, and a full
conviction declared of its utility, both to the government and to the, people.
And yet he admitted that there were some defects in the charter, and some
abuses in the administration of the institution. But these, he supposed, might
be remedied; and the bank continued, with safety- and with highly favorable
results to the whole country. Many of the political friends of President Jack
son differed in opinion from him, as to the constitutionality and public ad
vantages of the bank of the United States. At a very large meeting of citizens
of Philadelphia, in July, 1832, soon after the negative of the President to the
bill, which was passed by Congress for a renewal of the charter of the bank
of United States, composed of his former political friends, it was
" Resolved, That the rejection of the bank of the United States — ihe re-

1832] JACKSON. 395
An additional pension law was passed in June, 1832 ; by
which provision was made for all those who had served in
the war of the Revolution for the term of six months. The
perision alloAved Avas a sum equal to the wages received
when they were in service, on proof of the time being two
years — and a proportionate sum for a less term of service,
till it was as short as six months ; but none Avho had served
less than six months Avere included. By this act of Con
gress, a great number of persons in the decline of hfe, and
most of them in reduced circumstances, received the bounty
of the government, Avho could not avail themselves of the
former laws granting pensions. And yet it was found dif
ficult to do justice to all. A large portion of the men, Avho
had served their country in the contest for liberty and in
dependence, in the war of the Revolution, had deceased;
and equity seemed to require that their children should re
ceive what the parent would, had he survived. To have
done this with proper discrimination, hoAvever, was scarcely
possible: and the chief design of a pension is the personal
comfort and benefit of one who hazarded life and performed
important services himself
The law of 1828, relating to duties on imports, by which'
the rate was raised to a higher amount than was fixed four
years before, (both of which were designed to encourage
and aid domestic manufactures,) met with great opposition ;
and in some parts of the Union, the complkints and denun
ciations of it, as an unequal and oppressive measure, re
ceived some modification by Congress, in July, 1832, by an
additional law "to alter aUd amend" the former. The
principal alteration consisted in fixing a less duty on coarse
woollen goods, used chiefiy by the common and poorer
classes of people. The duty on the higher priced woollens
peated assaiilts of President Jackson on the principles of protection to Amer
ican industry ; on the authority of the Supreme Court, and on ihe indepen
dence of both Houses of Congress, have severed every just and honorable tie^-
by which the people of Pennsylvania were connected with him — that the re
election of a President, whose political path^ has been literally strewed with
his own violated pledges i and with the disappointed hopes of his patriotic
friends — who kcts thms wantonly trampled on the interests of his fellow-citi
zens, and on the Constitution of his fountry, would, in ihe esliniation of this
meeting, be a national calamity, the consequence of which we cannot con-
templide without a shudder — that we will, therefore, use all lawful and honor
able means, by opposing the re-election of Andrew Jackson, to avert this
calamity. Arid we solemnly call on our fellow-citizens of , Pennsylvania
and of the Union, heartily arid manfully to ,contend,at the approacliing
election^ for the maintenance of those principles, and 'fheprornotionof those
rights, which the' patriots of the Revolution sealed with their blood."

396 FEDERAL GOVERNMENT. [1832
were continued with little diminution ; and the minimum
principle adopted in the former laAv, was abolished. Those
which cost ti.Do dollars fifty cents again paid the same duty
under the ucav as under the former act. On all Avhicb cost
less than that sum, the duty Avas reduced ; and on those
which were of the value of one dollar and five cents the
yard, it was fifty cents less than by the law of 1828, By
that act, which adopted the minimum principle, woollens
under thirty-five and thirty-three cents the yard, paid more
than one hundred per cent, duty. By the former law, avooI
imported was subject to a specific duty of four cents on a
pound, besides an ad valorem duty of fifty per cent. The
law of July, 1832, imposed no duty on imported wool which
cost only eight cents a pound ; and on that Avhich cost more
than eight cents, four cents, and forty per cent, ad valorem,
On cotton cloths, and on iron, the duty was also noAv re
duced from the rate fixed by the law of 1828 ; on silk goods,
and on tea and wine, it Avas greatly reduced ; and common
teas, imported directly from beyond the cape of Good Hope,
were to be exempted from all duties.
The law of 1828, was considered unequal and impolitic,
by a great portion of the people, in all parts of the Union ;*
and it was said, with much reason and justice, that a rev
enue should be raised chiefly by high duties or taxes on
luxuries ; and that such had been the policy, of most gov
ernments in Europe, The objections and complaints
against the act of 1828 were indeed more vehemently urged,
and relief more loudly and generally called for, in the
southern parts of the United States, than in the middle and
eastern parts. And the law of 1832, Avith the small and
partial reduction of duties, did not remove nor lessen the
opposition, in the southern States, to the American system,
as the policy of high duties on imports, for protecting do
mestic manufactures, was then called. Where the slave
population was large, coarse and low priced woollens were
much in demand ; and in their operation, both the law of
* It was often stated in Congress, by members from the southern States,
while the subject of the tariff was under discussion, that the Representatives
from the New England States were pushing the bill for high duties, from self
ish motives, as the manufacturers of woollen and cotton goods were very nu
merous in that part of the Union, But the fact was, that the majority of the
Representatives from the New England States were opposed both to the law
on the subject whichwas passed in 1816, and in 1824, But afterwards, when
it was found to be the policy of the federal government to aid domestic manu
factures, and these establishments having been multiplied, they were in favor
of the protecting system ; and some of them, perhaps, urged the increase of
duties beyond the point of justice and propriety.

1832] JACKSON. 397
1828, and of 1832, were considered oppressive, as well as
arbitrary and unjust. In South Carolina, the complaints
and the opposition exceeded those made in any other of the
States ; and it was resolved, a few months after the law of
July 1832, not by a few individuals, but by the legislature
of the State, that that and the former law of 1828, were in
fractions of the Constitution, or exceeded the power given to
the federal government by that compact ; and were therefore
null and void ; and that the execution of those acts within ihe
State were to be prevented, even by force, if necessary.
This Avas truly an alarming movement on the part of
South Carolina ; and it Avas, in some respects, a novel pro
ceeding of a single State, In 1794, there was indeed, a
formidable insurrection, in Pennsylvania, against the excise
laws of the general government, passed at that time ; but the
State authority did not sanction it, and even made exertions
to prevent and suppress it. And the strange resolutions and
proceedings of the legislatures of Virginia and of Kentucky,
in 1798, in opposition to the sedition and alien laws, did
not expressly propose opposition to them by force, though
assuming that these laws were unconstitutional, they fully
intimated that they were a nullity. When they adopted
such resolutions and declared such an opinion, these States
appealed to other States to pronounce those laws to be void ;
with the intention, no doubt, of having them considered
unconstitutional, by a majority of the States, that they
might be repealed ; ahd perhaps to have the Constitution
so amended as to prohibit, in future, the passage of a law
either to prevent the freedom of the press, or the banish
ment even of aliens from the country, without a formal and
legal conviction of treason.
But not content with a public declaration that the laws
lately passed, imposing high duties on imported goods, for
the purpose of aiding manufactures were unconstitutional,
and therefore to be deemed null and void, the legislature of
South Carolina explicitly declared its determination to pre
vent, by force, the execution of those laws within that State ;
and accordingly prepared to oppose the authority of the
federal government in any attempts to enforce or execute
them. On this occasion of great excitement and alarm, the
President issued. a proclamation, in December, 1832, warn
ing and forbidding the people in all parts of the Union from
arming, with any intention of opposing the laws of the
United States, And he adopted measures to maintain the
authority of government with decision and promptitude.
His conduct, in this respect, was approved by the people

398 FEDERAL GOVERNMENT. [1833
generally through the country. And the citizens of South
Carolina were patriodc and prudent enough, soon after, to
cease all forcible opposition. By a few persons indeed, a
distinction was made between preparing to coerce a State
to submission, without the full and direct authority of a
legislative resolution of Congress, and putting down an
insurrection promptly, supported by the minority of a State,
and when the aid of the federal government Avas desired by
the constituted authority of the State, as it Avas by Penn
sylvania in 1794, But as a State is only part of the Union,
over which the federal government has authority in certain
cases, one of which is raising a revenue, which includes the
power of laying duties on imports, all determination to op
pose the due execution of the laws, passed by the national
legislature, is evidently improper; and all preparations and
threats to resort to force for such purpose may be justly
considered as disorganizing, and dangerous to the welfare
and integrity of the Union,
During this session of Congress, and soon after obstruc
tions had been placed in the way of collecting import duties
in South Carolina, a bill Avas brought before Congress for
giving the President full poAver to enforce the laws on the
subject in any and every part of the United States ; which
was warmly opposed by the members from South Carolina,
and some others. While the bill was before the Senate,
January, 1833, the folloAving resolves were offered by Mr,
Calhoun, a Senator from S&uth Carolina — " That the people
of the several States are united as parties to a constitutional
compact, to which the people of each State, as a separate
and sovereign commimity^ — and that the Union of which
that compact is the bond, is a union between the States
ratifying the same. That the people of the several States
delegated to the general government, thus proposed and
formed, certain definite powers, reserving to each State the
residuary mass of poAvers to be exercised by its own sepa
rate government — and that Avhenever the general govern
ment assumes the exercise of powers, not delegated by the
compact, its acts are unauthorized, void, and of no effect —
and that the general government is not made the final judge
of the powers delegated to it, since that would make its
discretion, arid not the Constitution, the measure of its
powers — that the assertions, that the people of these States,
taken collectively as individuals, are, or have been,
united on the principle of the social compact, and as such
are formed into one nation or people; that the people
of the several States composing the Union have not, as

1833] JACKSON. 399
members thereof, retained their sovereignty ; that the alle
giance of their citizens has been transferred to the general
government ;- and that they have uot the right of judging
in the last resort, as to the extent of powers reserved, and
consequently of those delegated — are not only without
foundation in truth, but are contrary to the most certain
and plain historical facts, and the clearest deductions of
reason — and that all exercise of force, on the part of the
general government, or any of its departments, are uncon
stitutional ; tend directly to subvert the sovereignty of the
States, to destroy the federal character of the Union ; and
to rear on its ruins a consolidated government, without any
constitutional check or limitation," The next day a Sen
ator from Tennessee, Mr, Grundy, proposed the following,
as a substitute for the resolves ofl'ered by the Senator from
South Carolina — "Resolved, that, by. the Constitution of
the United States, certain powers are delegated to the gen
eral government, and those not delegated nor prohibited to
the States, are reserved to the States respectively or to the
people — that one of the powers expressly granted by the
Constitution to the general government, and prohibited to the
States, is that of laying duties on impqrts— that the poAver
to lay imposts is wholly transferred fr6m the State author
ities to the general government, without any reservation of
power or right on the part of the State — that the tariff laws
of 1828, and of 1832, are exercises of the constitutional'
power possessed by the Congress of the United States, what
ever opinions may exist as to their policy or justice — ^that
an attempt on the part of a State to annul an act of Con
gress, passed on any subject, exclusively confided by the
Constitution to Congress, is an encroachment on the rights
of the general government."
In these different resolutions, offered for the sanction of
Congress by those who repudiated the conduct of the exec
utive, and apologized for the measures of South Carolina,,
and by those who condemned the measures of South Caro
lina, and approved the conduct of the federal executive,.
chiefly indeed, of an abstract nature, one may perceive the
diversity of opinion then existing, as to the extent of the
power of the federal goverment, and to the authority re
tained, by the several States,*
* A distinguished politiciil character in one of the New England States,,,
when the embargo was in force, 1808, on a public occasion, observed, "That
the government of the United States was a limited government, and that Con
gress did not possess all the powers of legislation ; that the individual States
were originally, complete sovereignties ; that they were so many distinct nar-

400 FEDERAL GOVERNMENT, [1833
In his annual message to Congress in December, 1832,
the President referred particularly, and at great length,
to the laAvs regulating duties on imported articles, more
especially on woollen and cotton goods ; although an act
Avas passed at the previous session of the federal legislature
on the subject, adopted after deliberate consideration, and
intended to be continued in force for some years, and until
the entire payment of the public debt should be effected.
But that act had not given the general satisfaction Avhich it
was hoped it Avould have produced ; for after its passage,
the opposition in South Carolina to the system of high
duties for the protection of manufactures had continued,
and assumed an alarming character, as already related.
The President did not indeed, recommend a total repeal of
the law in consequence of such opposition: but he ex
pressed the opinion and desire, that some compromise should
be made ; and the laAV so modified as to be less exceptiona
ble than it was with its present provisions. And an act

tions, rightfully possessing and exercising, each within its own jurisdiction, all
the attributes of supreme power ; that, by the federal COostitutlon, they agreed
to form a general government, and lo surrender a part of their powers, not the
whole, into the hands of this government ; that, having described the form of
the new government, they declared precisely what powers they gave it ; and
having cautiously described and defined the powers given to the federal gov
ernment for greater security, they expressly declared ihit the powers not dele
gated to the United States, by the Constitution, are reserved to the States, or to
the people thereof." Another highly eminent and learned statesmen has as
serted, in a late public address, " That these States, separately considered and
existing, were never sovereign and independent ; and are only so in their united
and aggregate character." But this doctrine does not appear entirely consistent
with the phrase in the Declaration of Independence, " That these colonies were
sovereign and independent States" — not that these States were sovereign and
independent merely when united, or when acting in concert for liberty — and
the Constitution of the State of Massachusetts required of every one in public
office to declare, that the commonwealth was of right a free, sovereign, and
independent State, though it contains a clause authorizing a grant of civil power
to Congress for general purposes.
This doctrine or opinion has not generally been admitted ; nor does it now
prevail to any great extent. In addition to the remarks in the first part of this
volume, the following preamble to resolves is presented, which were adopted
by a large meeting in New Hampshire, in 1808, and said to be penned by the
distinguished expounder of the Constitution, in a more recent period. "The
government of the United States is a delegated, limited government — the in
dividual States originally complete sovereignties. They were so many distinct
nations, rightfully possessing and exercising, each within its own jurisdiction,
all the attributes of supreme power. By the Constitution, they mutually
agreed to form a general government, and to surrender a part of their powers,
not the whole, into the hands of this government. Having described the form
they declare precisely what powers they give it ; and then, for greater security,
expressly declare, that the powers not delegated to the United States by the
Constitution, are reserved to the States respectively, or to the people,"

1833] JACKSON. 401
was passed by Congress, in March, 1833, modifying, in
some important points, the laAv of the previous session. It
provided for the gradual reduction of duties on imports, to
take effect, in part, on the first of January, 1834 ; on the
first of January, 1836 ; on the first of January, 1838 ; and
on the first of January, 1840 : in the following manner —
from all duties, which exceeded twenty per cent, on the
value of the imported goods or articles, one tenth part of
such excess should be deducted, at each of the said periods ;
and that on and after the first of January, 1842, one half
of the residue of such excess should be deduced, and the
other half on and after the first of June, 1842.*
One design of this compromise-act, supported and urged
with great zeal by Mr. Clay, a member of the Senate from
Kentucky, Avas to conciliate the southern States, The grad
ual operation of the laAV, it was also said, would prevent
all injurious effects on the manufacturing interests of the
country. And the fact, that the public debt was then almost
and would soon be wholly extinguished, furnished another
consideration for discontinuing the high rate of duties, for
the purpose of a large revenue. This act however, was not
passed without great opposition, and chiefly from members
belonging to the eastern and middle States, By them, it
was considered an abandonment of the established policy
of the federal government, which had previously been in
favor of the protective system ; and would prove not only
an injury to individuals, but serve to check the extension
of manufactures, so important to the general prosperity of
the country, * See page 395.
51

402 FEDERAL GOVERNMENT. [1833

CHAPTER XIV.
General Jackson elected President for a second Term, Difficulty with South
Carolina, on account of the Tariff Laws, and Regulations, President's
Proclamation, Debates in Congress on State Rights, Controversy with
France for not Paying United States according to Treaty of 1831. Presi
dent proposes Reprisals, and uses strong terms censuring the French Gov-
erntuent. Northeast Boundary Q,uestion. Removal of the Indian Tribes,
Bill for distributing proceeds of Sales of Public Lands, President's preju
dices and denunciations against the Banks. His views of a Metallic Cur
rency. Increase of Mints. General evils of discontinuing Banks. A
plan for a Sub-Treasury. Separation of Banks and the Government — Under
control of Executive — Danger of such a System. General Jackson's Polit
ical Charapter. His Views of Executive Power novel and alarming. The
Effects of his peculiar Policy as to the Curreiicy — His retirement from Office,
Failure of his Financial and Monetary Schemes,
It has been already noticed that President Jackson early
discovered vicAvs decidedly hostile to all banking companies,
and in favor of introdu.cing a metaUic currency. Of the
bank of the United States he appeared particularly jealous.
He overlooked its numerous advantages to the country;
represented it as improperly administered ; and intimated
that there was a settled design to dictate to the federal gov
ernment, and to corrupt the people. This opposition to the
institution was sharpened by a belief, in the President and
some of his friends, that its officers Avere his political ene
mies, and were exerting their influence against his re-elec
tion, by granting pecuniary accommodations to induce in
dividuals to oppose it. The prejudices which he entertained
against the United States bank were, in a great measure,
unjust ;* and yet his opinion of the evils arising from the
multiplication of banks, and of an increased circulation of
bank paper in the country, was adopted by a large portion
of the people, who were not interested in those institutions.
But his plan of an immediate prcA'^ention of a paper cur
rency, and of introducing one exclusively of gold and silver,
was utterly impracticable, and must have operated to the
injury of the Avhole community : and so far as the policy
* His hostility to the bank, and the misrepresentations of his political friends,
had, perhaps, induced the directors and advocates of the bank to oppose his
continuance in office.

1833] JACKSON. 403
prevailed, it produced great embarrassments in the mon
etary concerns of the country. In accordance Avith his
views of the insecurity and defects of banks, the President
recommended an examination into the state of the bank of
the United States, and the proceedings of its directors. He
even intimated doubts of the safety of the government funds
in that bank, and the propriety of having some other place
of deposite. An examination of the state and administra
tion of that bank was soon after had by a committee of
Congress ; which reported in favor of its safety and good
management. But the President was not satisfied with the
report, nor disposed to leave the public funds under the di
rection and control of Congress, Avhich as the representatives
of the people, have the only legitimate and constitutional
authority over them. And in the course of the year, by an
arbitrary act, assumed to himself the right to decide as to
the place and manner of keeping them, without authority
from Congress, contrary to the spirit of the Constitution,
and to all former practice by the executive.
There was a general expression of disapprobation of this
act of the President. All impartial men condemned it : and.
many of the friends of the administration admitted it to be
arbitrary, whether the management of the bank had been
improper or not, as it was an exercise of poAver not within
the constitutional competency of the executive. Even his
belief that the public good required it, could furnish no just
apology ; as the national legislature was soqn to meet, and
would adopt such measures in the case, as its collected wis
dom might dictate.
The conduct of the President afterwards, in reference to
this subject, was not calculated to show that he was alto
gether free from personal or party prejudices in the transac
tion. When the Senate requested a statement of his reasons
for the measure, made by him to his cabinet, before its
adoption, but after his resolution had been taken, he refused
to communicate it ; and Congress Avas thus left in doubt as
to his real motives, or his arguments in favor of the act of
removing the public funds from the bank, where by law
they were deposited. — After full and able discussion, a large
majority of both branches of the national legislature gave
their assent, at this session, to a bill for distributing the pro
ceeds of sales of the public lands among the several States,
according to their population. It was not proposed to include
all the lands belonging to the United States, but such portions
as might be sold within a certain limited time. The public
debt would soon be entirely paid ; and the lands, it was

404 FEDERAL GOVERNMENT. [1833
contended, being granted for the benefit of the Union, or all
the States in the Union, might now justly be appropriated
for such purpose. Many of the States were then engaged
in making internal improvements, and needed the aid to be
derived from their part of the proceeds of the sale. The
States in which large tracts of the public lands Avere found,
were claiming or requesting more than their due proportion,
for these and similar purposes; and it was justly urged,
that the other, especially the original States, should receive
their full share. This measure Avas generally considered to
be beneficial and equitable : but it was opposed by the mem-
l^ers of Congress from the new States, and by some of the
friends of the administration, Avho desired the amount
arising from the sale of public lands should be at the disposal
or in the keeping of the executive department of the gov
ernment. It Avas passed, however, by a vote of more than
two to one, in the House of Representatives, and of twenty-
three to five, in the Senate. And yet the President declined
giving it his approval and signature. His conduct on the
occasion Avas severely censured : not that his right to with
hold his signature was denied, though it was taking great
responsibility after the passage of the bill by so large a
majority ; but the manner of destroying the bill was deemed
unprecedented and arbitrary. Had he returned it to Con
gress, Avith his objections, it might and probably would still
have become a law ; as more than two thirds of each branch
of the legislature had voted in favor of it. But he retained
it in his hands, till the session was closed, and that Con
gress expired ; and thus an important measure was defeated,
by the arbitrary Avill of the chief magistrate.
' This act of the executive was not only arbitrary, but
Avas highly injurious in its consequences. Had the bill been
approved by the President, and passed into a law, the States
Avould have received, from the proceeds of sales of the
public lands in three years, upwards of fifty millions of
dollars — besides twelve^ and one half per cent, allowed to
the States in which the lands were situated, amounting to
oversix millions. Nor would this plan have been oppressive
to the common people, who wished to purchase small lots
for their own possession, nor given facilities to capitalists to
purchase large tracts for speculation : for it provided for
sales ins mall parcels.* Since that time, the dominant party
* The State of New York would have thus received between 1833 and 1836,
eight millions of dollars : Pennsylvania, five millions seven hundred and fifty
thousand : Virginia, four and one half millions : Ohio, about the same sum :
Massachusetts, two millions: North Carolina, nearly four millions: South Caro-

1833] J.^CKSON, 405
in Congress has opposed all similar efforts to dispose of the
public lands, the sale of which would have given a large
ainount to each State, And these lands are melting, away
from the hands of the government, in continual grants for
roads, or for public buildings and institutions for the benefit
of particular States ; in utter disregard of the conditions, on
which they were ceded or purchased.
It is difficult to account for this conduct of the President,
or of the dominant party in Congress, which gave him its
support ; but on the supposition, that they were to be ap
propriated, as circumstances might require, for the purpose
of conciliating certain States and sections of the Union, —
It is hardly to be supposed, that personal feelings dictated
this conduct of the executive, and that he opposed and
prevented the plan solely from his prejudices against the
author of it,*
Another measure of deep interest to the Union, and. in
volving great constitutional questions, as to the extent of
the powers of the federal government, was adopted during
this meeting of Congress, This was an additional law
relating to the collection of duties on imports into the
United States, The State of South Carolina, had not only
passed resolutions, declaring the tariff laAV of July, 1832,
unequal and oppressive, but unconstitutional and void;
and had even made an ordinance to resist and repel any
attempts to execute the law within that State by officers of
the federal government.f Congress saw fit to legislate on
the subject ; and a law was passed authorizing the Presi-
lina, two millions : New Hampshire, one million one hundred and twenty
thousand : Georgia, one million and four hundred thousand : Tennessee, two
million six hundred and seventy thousand &c,
* This bill for "the temporary appropriation of the proceeds of the sales of
the public lands," provided that, forthe term of five years, from the first of Jan
uary, 1833, there should be allowed to the States of Ohio, Indiana, Ulmois, Ala-
abma, Missouri, Mississippi and Louisiana, respectively, above their due share,
twelve and a half per cent, for objects of education and internal improvements,
as the legislatures of those States should direct : and that the other seven-
eighths should be divided among all the States iu the Union, This bill was
neither approved nor returned to Congress, at the session when it passed the
two branches of the legislature, as has been before noticed; and when the
President returned it, at the next session, his principal objection to it was, that
it was contrary to the terms of the cession of these lands to the United States;
which were, that they should be for the benefit of the whole Union; whereas
the bill gave more than an equal portion to the new States, in which the lands
were situated. And yet he had before expressed an opinion that these public
lands should be considered as belonging entirely to the States wherein they
were found,
t See page 397,

406 FEDERAL GOVERNMENT, [1833
dent to enforce the laws for the collection of a revenue
arising from imposts, and to establish custom houses in
such other places as might be necessary for security, and
for the collection of the legal duties, instead of the place
designated by the existing laws of Congress,
It was on this occasion, that the resolutions Avere offered
by a Senator from South Carolina, Mr, Calhoun, relating
to the powers of the federal government, and the reserved
rights of the several States, He opposed the ucav collec
tion bill, and supported the resolutions, Avhich Avere in favor
of the right of a State to declare and to oppose a law of
Congress as unconstitutional, Avhen supposed by such
State to exceed the power delegated to the federal govern
ment. His speech was considered to be plausible, in
genious, eloquent, and in some parts argumentative and
powerful. But he pressed the doctrine of State rights so far,
as to deny the paramount authority of the federal govern
ment, and to endanger the stability of the Union. Those
Avho had before advocated the doctrine of State rights, had
admitted, that the general government was absolutely su
preme in its authority throughout the States, as to the ob
jects and purposes declared in the Constitution to belong
to it ; while all power not given was reserved to the several
States, The collection of a revenue, and the rate of duties
to produce a revenue, were exclusively in the jurisdiction
of Congress, The Senator from South Carolina contended,
that a single State might judge of the constitutionality of a
law of Congress on any subject, might declare it unconsti
tutional, and therefore render it null and void in such
State. He hesitated to insist explicitly on the right, or the
propriety of using force against the authority of the United
States ; but measures were adopted in that State, to resist
force by force ; and many there asserted a right to make
such resistance. It was indeed, proposed by the legisla
ture of South Carolina, to have a convention of delegates
from all the States, to alter the Constitution, and deny to
Congress all authority to impose duties for the protection
of domestic manufactures, and only for the purposes of a
revenue. The new Collection Bill was advocated by the most able
members of the Senate,* and particularly by one of the
Senators from Massachusetts, Mr, Webster, And in giving
his reasons in favor of the measure, he referred to the reso
lutions offered by Mr. Calhoun, of South Carolina, which
* See Appendix.

1833] JACKSON. 407
were then pending before the Senate, and the correctness
of which that Senator had endeavored to vindicate. The
reply of the Senator from Massachusetts, was admitted to
be uncommonly powerful ; and his doctrine of the suprem
acy of the federal government, in all cases wherein the
Constitution had given it jurisdiction, was allowed to be
correct, and even necessary to the authority of Congress in
any case, and to the preservation of the Union. The
theory of the Senator from South Carolina, was shoAvn, by
the Senator of Massachusetts, to be fraught Avith danger to
the Union, and as leading to the utter prostration of all the
powers of the general government. It was denied, that a
State had a right to annul an act of the national legislature
relating to a subject exclusively placed under its authority;
and much more to oppose its acts by force, on the pretence
that they were unconstitutional ; but admitted that any
State, considering itself aggrieved by an act of Congress,
or in the belief of its unconstitutionality, might appeal to
other States, and propose a general convention for an altera
tion of the Constitution. Any other opposition was deemed
to be rebellion and revolution.
Similar arguments were advanced by the Senator of
Massachusetts, on this very interesting occasion, as he had
offered a few years before, in his reply to another Senator
from South Carolina, Mr, Hayne, who asserted the^octrine
contended for in the resolutions, when he Avas pleading for
a liberal allotment of the public lands to the settlers in the
ncAV States, On both these occasions, the Senator of Mas
sachusetts was believed to be the most correct in his views, on
the powers of the general government, as well as most
convincing in his arguments : and these two speeches,
perhaps, contained the best explanation and vindication of
the authority of Congress, under the Constitution, which are
to be found in any productions or publications on the sub
ject. In the exercise of political authority relating to the
' subjects, stated in the federal compact, to be vested in the
national government, it is paramount to all State authority :
but on subjects,, not enumerated as committed to the juris
diction of Congress, the right of a State to legislate, is indis
putable and exclusive. And it can justly become a ques
tion, as to the power of the federal government in a measure
proposed, only so far as to ascertain if it be included in
some of the enumerated powers, or necessary to carry into
effect the authority clearly delegated.
To pretend that a State may declare a law of Congress,
relating to a subject, the regulation of which is given to

408 FEDERAL GOVERNMENT. [1833
the national government, unconstitutional, and therefore
null and void, is evidently unsound in theory, and of a
directly disorganizing character. Nor can it justify the op-
pugnation of a State, that the law operates unequally, if
such was not its object and design. All laAvs on naviga
tion, imposts, and taxes, operate in some measure un
equally, yet if they are of an uniform character, and are
founded on general principles applicable lo all, there is no
just cause to complain ; certainly not, forcibly to oppose.
Partial and unequal statutes are in some degree arbitrary,
and remonstrances against them are perfectly justifiable.
But a declaration to nullify them would be identical with
revolution ; or must be deemed an idle threat. Whde the
federal government exercises the poAvers given to it by the
Constitution, even Avith some want of wisdom, and with
incidental results not perfectly equal and uniform, the citi
zens are bound to submit, until a remedy or prevention
can be legally provided.
On the fourth of March, 1833, Andrew Jackson com
menced a second term of President of the United States ;
having been previously and officially declared by Congress
to be duly re-elected by a large majority of the votes given
in all the States. Martin Van Buren, of the State of New
York, Avas chosen Vice-President for the same term, Mr,
Van Burpn had been Senator in Congress, Governor of the
State of New York, and minister to the British Court, by
appointment of General Jackson : and he professed to be a
great personal and political friend of the President, Gen
eral Jackson had then a strong hold on the confidence of
the people; and yet his opposition to the bank of the
United States, and his prevention of the passage of the bill
for a distribution of the proceeds of sales of public lands
among the several States, gave dissatisfaction to many of
his former supporters.
In the address of General Jackson, when he was induct
ed into office, as chief magistrate of the Union, for a second
term, he expressed his gratitude to the people of the United
States, for this renewed proof of their confidence. He ob
served, "that there were two objects, relating to the do
mestic policy of the government, whicli especially deserved
the attention both of the people and of their representatives,
and which had lately been, and would probably continue
to be, subjects of deep solicitude ; and these were, the pres
ervation of the rights of the States, and the integrity of the
Union. These great objects are necessarily connected, and
can only be attained by an enlightened exercise of the

1833] JACKSON. 409
powers of each within its appropriate sphere, in conformity
with the public Avill, constitutionally expressed. It be
comes the duty of all, therefore, to yield a ready submis
sion to laws constitutionally enacted, and thereby promote
and strengthen a proper confidence in those institutions of
the several States, and of the United States, Avhich the people
themselves have ordained for their oavu government." And,
as to the foreign policy adopted by the federal government,
soon after its formation, and generally pursued by successive
administrations, he said, " it had been crowned with almost
complete success, and had elevated the American character
among the nations of the earth. So happy have been its re
sults, that we are at peace with all the AVorld, and have few
causes of controversy, and those of minor importance, re
maining unadjusted." In conformity to the obligations of
the oath, which he Avas about to take, he declared it to be
"his fixed and solemn purpose to exert all his best facul
ties to maintain the just powers of the Constitution, and to
transmit, unimpaired, to posterity, the blessings of the fed
eral Union."
Few, perhaps, doubted the sincerity of these declara
tions, or denied that the President was generally actuated
by patriotic views. And yet, in administering the govern
ment, he committed errors of a dangerous tendency, and
the practical effects of which Avere injurious to the ^enter
prises of the people, unfavorable to the advancing prosper
ity of the country, and encroaching on the powers of the
legislative branch of the government. The causes of these
errors have been differently estimated, both as to their
character and their direct results. President Jackson had
strong passions, and he was susceptible of jealousy, under
the influence of selfish individuals, with much of mere
party feelings ; and his natural decision of character led
him sometimes to adopt injudicious measures, and to ad
here to them with great pertinacity and obstinacy. With
impartial men. it can hardly admit of a doubt, that it was
a great error, in a government hke that of the United
Slates, where the powers of the executive are expressly
declared and limited, and a written Constitution is the
guide of the rulers as well as of the people, for the chief
magistrate to assume undelegated authority, and to take
on himself the responsibility of measures not sanctioned by
Congress, except in cases of sudden and unexpected emer
gency ; and still more so, to give directions relating to the
disposition and keeping of the funds of the United States,
contrary to the regular laws-of the whole national legisla-
52

410 FEDERAL GOVERNMENT, [1833
ture. But this the President presumed to do, in Septem
ber, 1833, by an express and peremptory direction to the
Secretary of the Treasury, to remove the pubhc funds from
the bank of the United States, and to lake them into his
personal keeping, subject, however, to his own con
trol and orders. This extraordinary act Avas not commit
ted, indeed, Avithout some show of reason, though wholly
unjustifiable in a legal view; or from any necessity, as a
measure of security, in the exigency of the time. The
strong prejudices and opposition of the President towards
this bank have been already seen. His oflicial right to give
a negative to a bill Avhich passed the two Houses of Con
gress, some time before, for renewing the charter of the
bank, Avas admitted; although, in Avithholding his assent,
he discovered rather the strength of his prejudices, than a
correct knoAvledge of the benefits derived from that institu
tion, both to the government and to the people throughout
the United States. The hostility of the President to the
bank, arose in part, perhaps, from his opinion that the
banking system was too much extended, and a wish to
diminish the paper currency of the country, and to intro
duce that of specie in its place. He had also been led to
believe that the bank was, in some measure, a political en
gine, and had been instrumental in opposing his re-election.
But this belief furnished no good apology for his conduct,
in arbitrarily withdrawing the public funds from the bank,
where they were kept by a law of Congress, It is a fun
damental principle, in a free government, that the immedi
ate representatives of the people should keep the purse
strings, and should have the constant and supreme control
of the public funds. The Constitution of the United States
fully recognizes this important principle. It was by a law
of Congress, that the national funds were deposited in the
bank of the United States, for safe keeping, and for the
benefit of government. And, in consequence of vague re
ports, unfavorable to its management, Congress had then
recently had an examination, by a committee, of its ad
ministration and of its condition. But they found no rea
son to order the removal of the public funds from the
bank, either for safety or for any other object. And it
would have been sufficient for the President to have given
information to Congress, at the ensuing session, of any
supposed mismanagement or insecurity of the bank, with a
view to legislative action on the subject ; unless, indeed,
during the recess, some gross frauds, or great defalcations,
had come to his knowledge, and the removal of the national

1833] JACKSON. 411
funds were imperiously and immediately required for se
curity. No such crisis had occurred. Nor were fears
generally entertained of the ability or safety of the bank.
One Secretary of the Treasury declined being instrumental ,
in removing the government funds, as there was no law of
Congress for such an act. But the President had resolved
on the measure, and assumed the responsibility of an act,
which required the authority and sanction of the national
legislature. This arbitrary conduct, which Avas an as
sumption of the power of the whole government by the
executive, was highly alarming to the friends of republi
can liberty and of law, Avho cherished a due regard for the
Constitution. They thought they saw in it a dangerous
inroad on constitutional liberty, especially as it was pre
tended to be done at the will and for the benefit of the peo
ple. For such has been the pretence- of usurpers and arbi
trary rulers in all ages. The power they have exercised
without right and without law, they have attempted to
justify by the necessity of the case, or the plea of more
directly and more effectually promoting the good of the
people. Popular governments have generally been des
troyed by such plausible pretexts.
The measure of the President, in his removal of the pub
lic funds from the bank of the United States, where they
had been kept by a law of Congress, and after a committee
of the House of Representatives had reported in favor of
the faithful administration, and the safety of the institution,
was condemned as highly improper by all but his devoted
political friends. The Senate called on him for the in
structions he gave for the removal of the public funds, and
other proceedings on the subject. But this he declined
doing, on the pretence, that he was the keeper, and had the
control of the treasury and of the officers appointed in that
department ; and asserted his independency of the Senate,
and his irresponsibility to them, in this case, as he was the
chief executi ve officer of the government. He remonstrated
against this act of the Senate ; and demanded his remon
strance to be put on their records. But they did not sub
mit to such an humdiating act. And the demand of the
President was deemed highly improper, and an instance of
the dangerous interference with the independence of that
branch of the government. The majority of the Senate, at
that period, disapproved of several of the projects and
measures of President Jackson ; among which was that of
discontinuing the national bank, and of having the currency
to consist wholly of specie. The latter, they considered a

412 FEDERAL GOVERNMENT. [1833
mere experiment; at once ihjurioiis and impracticable.
They Avere advocates for the credit system, Avhich he
viewed AVith much disfavor ; and they expressed the opin
ion that well regulated banks, and bills, Avhen there Avere
means for redeeming them, were of essential benefit in the
present state of the country.
The President continued his hostility to the bank of the
United States to the close of his administration. He had
persuaded himself that it was a dangerous institution ; al
though there was probably much prejudice operating in the
formation of this opinion. He considered it a monopoly, in
the hands of a iew ; and as an instrument for electioneering
purposes, inconsistent Avith the free and independent suf
frages of the people. While the bank continued, he deemed
it also a great obstacle to his scheme of an exclusive metal
lic currency in the nation.
Banking companies had then been greatly multiplied ;
and the abundance of paper bills issued, Avere in some re
spects an evil in the community. And this increase of
paper money had served, in a great measure, to exclude the
circulation of gold and silver, as the medium of business
and trade. The President proposed the impracticable plan
of prohibiting all banks, and of introducing an entire metal
lic currency for the Union, And this plan led him into
great errors, of a paralyzing effect on the enterprise and
business of the country. It was believed that, in the pros
ecution of this visionary plan, he and his political friends
Avere opposed to the credit system, Avhich had always
existed in the country, and Avhich in a young and growing
nation, like the United States, was indispensable to any
great prosperity, _and to the development of its unbounded
resources. The effects of this policy of the administration were highly
disastrous to the enterprising efforts of the people, some
time before the close of President JacksOh's administration,
and during the year in which he retired from office. The
discontinuance of the United States Bank produced a great
shock to the trade and enterprise of the country ; and led
to the increase of State banks, of fai: less ability, and enjoy
ing much less of the public corifidehbe. The results were
a great pressure in the monetary concerns of the people,
and of numerous instances of insolvency. The paper of
banks, which Avere well estabUshed and wisely adminis
tered, had been a great facihty to men in business ; and the
bank of the United States was alike a standard and a reg
ulator for the paper currency throughout the country.

1833] JACKSON. 413
When the President was called upon by petitions and by
committees from the large trading cities, he coolly replied,
"^That the government could give no relief, and provide no
remedy ; that the banks were the occasion of all the evils
which existed, and that those who suffered by their great
enterprises had none to blame but themselves." Had all
the evils arisen from over trading or imprudent speculation,
it might have been a just rebuke. But there was little sat
isfaction derived from it, and little justice in the declaration,
since the evils and embarrassments which existed, were, in
a great measure, owing to the arbitrary interference and the
impolitic measures of the administration ; and these meas
ures had been approved, and -in most instances strongly
recommended by him. His popularity and infiuence were
great ; and it was generally sufficient to ensure the passage
of a law, that he had proposed it. But for his opposition, the
bank of the United States Avoiild have been continued; for
not only the Senate, but the Representatives ^xreiee in favor of
a renewal of its charter ; and their committee had reported in
its favor, a few months before the President inflicted a
. deadly blow on it, by the removal of the public funds. The
pretence of the unconstitutionality of the bank cannot be
supposed sincere, nor the greatest objection to the institution,
without the charge of some vanity in those who made it ;
after it had received the sanction of Washington, Madison,
Monroe, and Adams, The evils predicted to follow from
its discontinuance were sotm and fully realized; while the
benefits and blessings which Avere to result to the coiunm-
nity, from the experiment, have not yet been witnessed in
any part of the Union, nor enjoyed by any class of people,
or department of industry.
The question respecting the boundary line between the
United States and the British province of New Brunswick,
which had often been discussed under former administra
tions, remained undetermined, during the presidency of
General Jackson ; and was, at times, the cause of serious
apprehensions of a war with England. The description
contained in the treaty of 1783 with Great Britain, at the
close of the war of the Revolution, (referring in some meas
ure to old maps and treaties* between France and Eng
land;) and recognized by the treaty of Ghent in 1815, was
not sufiiciently precise and clear to prevent all controversy
* The treaty between England and France in 1763, which was followed, aa
to the bounds between Nova Scotia and Maine, in 1783, described the line as
running north from the source of the St., Croix to the highlands separating the
rivers faQiog into the Atlantic from those falling into the.St. Lawjence.

414 FEDERAL GOVERNMENT. [1833
on the subject. And it was doubtful how far north the line
should be run ; and where Avere the highlands separating
the rivers running into the Atlantic ocean, or bay of Fundy,
on the one hand, and into the river of Canada, or St, Law
rence, on the other; before making an angle, by running
southwesterly. The administration was accused of having made conces
sions, or overtures, Avhich the British ininistry turned to
their own account, by construing the proposal as an ac
knowledgment, that the government of the United States
was sensible of the weakness of its claim so far north, as
had been usually advanced ; or at least as indicating a read
iness to relinquish a part of the claim for land near the
Atlantic, One proposition of the executive also was to
yield to the British claim in part, for the purpose of settling
the dispute, by giving up a large tract in the northeast of
Maine, and to give anequivalent to that State, by the grant
of a tract of the public lands in the western part of the
United States. , In this case, the rights and interest of Mas
sachusetts appear not to have been regarded : for the latter
State owned a moiety of the territory in dispute, in the
northeastern part of Maine.
Had the administration invariably contended for the
whole claim, as had been previously urged, according to a
strict construction df the treaty of 1783, the difficulty would
probably have been settled at an early day ; and in such
manner as to have satisfied the people of the United States.
This proposition, however, might have been made in a sin
cere desire to bring the controversy to a close. The dispute
was referred, by the former administration, to the decision
of an arbitrator, who was to judge where were the dividing
highlands ; or hoAV far north the line should run, before an
angle should be made by a line tending westerly. He was
not, indeed, authorized to propose a compromise ; and yet
must have had some discretionary poAver,
The British government conducted with less fairness and
candor, in this dispute, than might have been expected. —
There Avas certainly little justice, or reason, in their claims.
The royal arbitrator, to whom the subject was referred in
1830, although he did not establish the entire claim of the
United States, but proposed a compromise, which he was
not authorized to do by the terms of the reference, gave an
opinion adverse to the pretensions of the British. For by
his opinion, he extended the right of the United States far
north of the lands or territory, for which England had con
tended, as being 'beyond the boundjs between Nova Scotia

1833] JACifsON. 415
and JVIaine, fixed by the treaty of peace. They contended
for limiting the north line from' the St. Croix to the first
highlands to be found in that direction ; instead of extend
ing farther north, as the treaty had defined it, to the high
lands separating the rivers flowing into' the Atlantic from
those which emptied into the St, Lawrence, And this made
a difference of more than one hundred miles in the extent
of the line, and of several millions of acres of land. The
conduct of the British government, in this controversy,
seems to have been dictated by a strong desire to have a
more direct route, over their Own territory, from the province
of New Brunswick to Canada.
In 1833, there existed some apprehensions of a war with
France ; arising from the refusaj, or delay, on the part of
the French government, to fulfil the terms of the treaty,
made two years before ; in which compensation was prom
ised to be made for depredations on American commerce,
at a former period. This claim had long been a subject of ,
negotiation betAveen France and the United States. / But
the French rulers did not explicitly acknowledge the validity
and justice of the American claims, nor engage to mg,ke in
demnity for former depredations until the year 183J.. In
that year, a treaty was made for the purpose, through the
able and zealous efforts of Mr. Rives, then the Arherican
Envoy at the court of France. The agreement was to pay
the amount, admitted to be due, in several annual instal
ments ; the first to be made in January, 1833r But this
first payment was not made when due, according to the
treaty. And after several demands, or requests) for the
sum, the President appeared disposed to enforce the pay
ment. In his public communications to Congress, and in
his instructions to the minister of the United States then at
the French court, his language was somewhat of a threat
ening character ; and the implication Avas, that he consid
ered both the honor and interest of the nation required a
resort to force, unless the payment were immediately made,
as stipulated in the treaty of 1831. It is not to be supposed,
hoAvever, that he would have solemnly advised or proposed
war, for the delay of payment of a few millions of dollars,,
however justly due ; especially as there was reason to be
lieve that the French government would not wholly refuse
to pay, though there was an unreasonable delay on the
subject. In a special message^ to Congress, early in 1834,
the President spo^e in strong terms of the injustice of France,
by such delay of payment ; and expressed an opinion that
war, on this account, would be justifiable ; but he did not

416 FEDERAL GOVERNMENT. [1834
recommend such a measure. And had he proposed such a
course, great as was his infiuence, at that period, Avith the
majority in Congress, it is doubtful whether the project
would have been approved and sanctioned : and yet as im
proper and imprudent measures have often been supported
from party feelings, and for party purposes. The language
of the President was the more alarming, because he was a
military character. But the conduct of France justified him
in speaking emphatically; and probably any one of his
predecessors AVould have considered it a duty to the nation,
to speak in a decided tone of the injustice of the act. The
delay, on the part of France, however, was not to be im
puted to any deliberate purpose to violate its solemn en
gagements; but to the struggles of political parties in that
government at the time.*
Judging from the representations given by the President,
in his annual message to Congress, December, 1834, the
state of the country was highly prosperous, and its future
prospects flattering to every patriotic citizen. But he still
admonished the representatives of the people of the neces
sity of constant attention, to realize these anticipations, —
The attention of the administration, he said, had been given
to the subject of the northeastern boundary ; and efforts
made, by negotiations with Great Britain, as advised by
the Senate, to settle and adjust the dispute, by establishing
a line according to the treaty of 1783. There had been no
definite result, indeed, as had been desired and expected;
but there was reason to believe that the controversy would
soon be brought to a satisfactory termination. President
Jackson and his predecessors, had made repeated efforts to
have the line fixed, and to prevent all further collision and
dispute; and it was believed that General Jackson had
authorized the Secretary of State to make proposals, with
a vicAv to an amicable settlement of the controversy, for
disposing of the extreme north section of the disputed ter
ritory, by way of compromise. Such a mode of adjusting
the dispute, was not approved by the people generally ; and
least of all by the citizens of Maine, who had ever been
determined to retain the whole.
* It is not improbable, that his predecessors would have spoken decidedly
on this subject; and pressed the demand for payment with earnestness and zeal.
And, in ages past, the conduct of France might have provoked a war. But,
happily, there is now a spirit abroad in the world opposed to war, and in favor
of peace, where it is possible to obtain justice by negotiation; and the rulers
of a nation, who now rush hastily into a state of war, would receive the cen
sures of a great part of Christendom,

1834] JACKSON, 417
Agreeable to treaties made with Russia, Austria, Prussia,
Sweeden, Holland, and Denmark, the commerce of the
United States with those nations was fostered by reciprocal
good will ; and no disputes existed with either of them, —
The government of Spain had recently ratified the Conven
tion, previously signed by the Envoys of that court and of
the United States ; and by which the claims of American
citizens Avere agreed to be allowed and paid. The parent
government of Spain had been reconciled to the indepen
dence of its American colonies ; and the President stated^
" that the government of the United States had been in
strumental in this , happy event." He also alluded to the
republics of South America; and while he regretted, " that
they had not reached a more settled and tranquil civil state,"
he said, " there was no just apprehensions of immediate
misunderstanding or collision between them and the United
States." The payment for claims on the Neapolitan government,
for confiscations of American vessels and property, was
made during the year 1834, as had been stipulated by a
treaty previously ratified. The claims had long been
pressed for allowance, but various unexpected delays had
occurred to prevent both the allowance and the fulfilment
of the promise to pay. The Belgian government, at this
time, refused to ratify the Convention which had been signed
by the minister of that government and the United States,
on the subject of commercial intercourse between the two
nations ; on the plea, that the Belgian Envoy had exceeded
his instructions. An offer was made on the part of Belgium
to resume negotiations ; but the conditions and terms, pro
posed in the overture, were not approved by the President ;
and he therefore declined it.
The treaty, previously adopted between the United States
and the Sublime Porte, in the opinion of the President, gave
favorable promise of benefit to the great commercial interests
of the country, and would serve to maintain friendly re
lations bef-ween the two governments.
The boundary line between the United States and Mexico,
agreed by treaty, some time before, to be run and fixed,
and which the President had urged to have accomplished,
was delayed, from a failure of the appointment of commis
sioners by the government of Mexico, which was then in a
state of great internal commotion and contests between
, different parties. The Mexican authorities had not refused
to join in estabhshmg the boundary ; and it was believed
would be desirous of effectmg it, in a more tranquil state.
53

418 FEDERAL GOVERNMENT. [1834
The President, in this message, recommended the appoint
ment of a minister to Venezuela, with a view to secure
commercial advantages fo the citizens of the United States.
Ministers had been already sent to Central America, to Peru,
and to the Brazillian government. Venezuela was one of
three provinces-^New Grenada and Equador were the
others — which had been recently united with the republie
of Colombia ; Avhich Avas at this time in an unsettled state,
with a probability of being again divided.
The state of the pubhc treasury, at the close of the year
1834, according to the President's niessage, Avas as follows ;
The revenue exceeded somewhat tAventy millions and a
half, and the balance in the treasury, at the beginning of
that year, Avas eleven millions and a half; thus making
an amount of thirty-two millions and a half for the ex^
penses and payments of the year : The expenditures for
the year amounted to tAventy-five millions and a half; but
the last portion of the public debt, AA'hich had been dimin
ished, annually, for twelve years, was included in this
sum ; being nearly six millions.
As on several former occasions, the President spoke in
this message, with strong disapprobation of the manage
ment of the national bank. If he had not full proof of any
mal-administration, or of any pernicious public influence,
of which fcAV impartial men appeared to be sensible, he
must have indulged in unfounded prejudices against the
institution, when he said that, "created for the conven
ience of government, it had become the scourge of the peo
ple," Others believed that the bank of the United States
had fully ansAvered the purposes for which it Avas incorpo
rated ; and had occasionally proved of great convenience
to the government, and been favorable to the trading por
tion of the citizens ; without being a "scourge" to any class
of people. Even a few instances of favoritism, wbich
possibly might be justly charged against the directors,
could not render it, on the whole, nor extensively, an evil
to the public. But its discontinuance, by the advice and
influence of President Jackson, produced results of incalcu
lable inconvenience and embarrassment throughout the
Union — to the merchants first, and then to other classes; to
the farmer and the mechanic. The evils, such as they
were, arising from banking companies, were more justly to
be attributed to their multiplication in the several States ;
many of Avhich were either unwisely managed, or estab
hshed without sufficient funds.
The President Avas persuaded into the belief that the in
stitution was corrupt and corrupting: for he spoke "of its

1835] JACKSON. '419
corrupt and partizan loans." He officially expressed fhe
opinion to Congress, that the public funds, still remaining
in the bank, Avere unsafe, and ought to be removed, forth-
Avith, by an act of the legislature. But the majority of
Congress, although approving generally, at that time, of
the measures of the President, did not respond to his opin
ion respecting the bank, nor denounce it as the source and
cause of all or most of the prevailing evils in the trade and
currency of the country.
It has been often interrogated whether fhe conduct of
President Jackson, af the time, or of his political disciples
since, Avere conformable fo his sentiments expressed in the
folloAving passages in his message, in 1834, — "The State '
banks, are found fully adequate to the performance of all ''
the duties and services, which were required of the bank
of the United States ; quite as promptly, and with the same
cheapness. They have maintained themselves ; and dis
charged all those duties, while the bank of the United
States Avas still powerful, and in the field as an open ene
my : and it is not possible to conceive, that they will find ,
greater difficulties in their operations when that enemy
shall cease to exist, i
" The attention of Congress is earnestly invited to the
regulation of fhe deposites, in the State banks, by law.
Although the power now- exercised by the executive de
partment in this behalf, is only such as was uniformly
exerted through every administration, from the origin of
the government up to the establishment of the present '
bank, yet it is one which is susceptible of regulation by
law ; and therefore, ought to be so regulated. The power
of Congress is direct, in what places the treasurer shall keep
the monies of ihe treasury, and to impose restrictions on ex
ecutive authority in relation to their custody and removal,
is unlimited; and its exercise will rather be courted than
discouraged, by those public officers and agents on whom
rests the responsibility for their safety. It is desirable thai
as little power as possible should be left to the President or
ihe Secretary of the Treasury, over these institutions, which,
being thus freed frorn executive infiuence, and without a
common head to direct iheir operations, would have neither
the temptation nor ability to interfere in the political conflicts
of the country."* This is sound, republican doctrine ; but
* \i is believed that the Sub-treasury plan is liable to these objections, and
directly Calculated, if not intended, to produce corruption, and to answer elec
tioneering purposes, as well as to place the public funds Wholly at the disposal
of the executive and his officers.

42t) FEDERAL GOVERNMENT, [1835
the official conduct of President Jackson was often in dis
regard of it. He was not only wilhng to take the respon
sibility of measures, without authority of law, which in
some grJIit exigencies might be justified or excused ; but
in removing the public funds from the bank of the United
States, and withholding the bill for appropriating the pro
ceeds of the sales of public lands, for the benefit of all the
States, he acted' from his own mere will and motion ; and in
known opposition to the opinion of the majority of both
branches of the federal legislature : thus setting up his OAvn
opinion to control that of the Representatives of the people,
and assuming power for the executive highly dangerous in a
republican government ; or regarding the opinions of a por
tion of the people, expressed informally and under great
excitement, as a guide, rather than the legislature, the only
constitutional arbiter to decide and control as to the laws
of the Union.
General complaints were made, during the years 1834
and 1835, of the great and increasing expenses of the
federal government. Nor were these complaints confined
to that portion of the people who had been opposed to the
election and administration of General Jackson. Many
of those who were favorably disposed to his election be
lieved that the public funds were unfaithfully managed,
or unnecessarily and wastefully expended. The reform
promised, in this respect, had not been witnessed. Very
large sums were expended by the conduct of laud commis
sioners, of the Post Master General, of pension agents, and
of Indian agents. There was evidently a want of faithful
ness or of competency in these public officers : and fhe
higher functionaries of the government did not insist on
the settlement of their accounts with the promptness and
searching care, which Avere necessary. A resolution was
offered, at this time, by Mr. Calhoun, a Senator from South
Carolina, for a committee " to inquire into the extent of
the executive patronage ; the cause of its increase of late ;
and the expediency and means of reducing it," And this
was evidently suggested by a belief, then generally pre-
vading, that the public expenditures were unreasonably
great ; and that some expenses were incurred, and agents
employed, by the executive, either for party purposes, or
from want of due attention to the conduct of officers ap
pointed by the President.
In his public annual message to Congress, December,
1835, the President said, " that every branch of labor was

1835] JACKSON. 421
crowned with most abundant rewards ; and that in every
element of national resources and wealth, and of individ
ual comfort, we Avitnessed the most rapid and solid im
provements," And, in assenting to so gratifying a posi
tion, the people could not but look back to past adminis-
tions, by whose wisdom, fidelity, and foresight, measures
had been adopted to secure this great national prosperity,
and this permanent and progressive mehoration of the con
dition of the country, " The general state of the foreign
relations of the United States had not materially changed
within the year." Little progress had been made in
the settlement of the long-agitated subject of the north
eastern boundary ; but no unfriendly spirit had been mani
fested by the government of England ; and efforts were
still making to bring the dispute fo a favorable termination.
The subject occupied the attention of Congress at this ses
sion ; but as it was in course of negotiation, under the care
and direction of the executive, nothing was done, farther
than to call for the correspondence relating to it for the
year preceding, and the expression of a desire that efforts
might be continued for its speedy settlement.
"rhe President referred again, at this time, to the unjust
delay of the French government, in omitting to pay the
amount agreed by the treaty of 1831, as a compensation
for losses by American citizens, caused by depredations of a
former period. He gave a minute relation of the conduct of
France, in this its neglect to do justice to the United States,
and to perform engagements solemnly stipulated by treaty.
The French government had resented the threatened lan
guage of the President, made a year before, and his propo
sition to Congress to make reprisals on the vessels and
property of French citizens ; and this was one cause of de
lay on the part of France. The President did not recom
mend an immediate resort to force ; though he spoke with
decision of this unjustifiable conduct of the French gov
ernment. " It was not," he said, " that the people of the
United States regarded with any deep interest the loss of
twenty-five millions of francs ; but they would witness any
attack on their character, as an independent nation, with
great sensibihty." And he still indulged a hope, that the
speedy performance of justice, on the part of France, would
restore the former friendly spirit between that nation and
the United States.
The President announced the highly and uncommonly
prosperous state of the national treasury ; and said that

422 FEDERAL GOVERNMENT. [1835
eleven millions of dollars Avould probably be found therein,
at the close of the year. The public debt had then been
extinguished; and no extraordinary demands had re
cently arisen, lo require very" large drafts on the treasury
of the nation. The recollection of this statement, no doubt
correct, served to excite surprise, that within a short period
after, the receipts into the treasury should not be adequate
to the expenditures necessary fo support the government ;
and that a resort AVas had to loans, for that purpose, in a
time of peace. According to the estimate of the President,
the amount in the treasury, for the usual expenditures, in
cluding the civil hst, and the army and navy departments,
for 1836, would be over thirty-seven millions ; the balance
in the treasury, at the end of the year, 1835, and the reve
nue from imposts and proceeds of the sale of public lands,
being supposed to amount to that sum.
The President was so far in favor of internal inprove-
ments, by appropriations of the national funds, that he
proposed the completion of public works, already under
taken ; prefering, however, those relating to the navy yards
and fortifications which might be necessary for defence.
His opposition to a distribution of the surplus funds
among the States, was again fully expressed. He proposed
no alteration of the act relating to the rale of duties on
imports, which was adopted two years before, on the prin
ciple of compromise between those for and those against
the tariff law of 1828 ; as the subject would' be open for dis
cussion in 1842 ; and the amount arising from imposts
would, in his opinion, be sufficient for the expenses of gov
ernment. The receipts from the sales of public lands dur
ing the year 1835, amounted to eleven millions; and it
was the opinion of many members of Congress, as well as
a great portion of the people, that the sum should be dis
tributed among the States. The President was of a dif
ferent opinion ; from what motives and considerations, it
was difficult to decide.
The bank of the United States did not escape the notice
of the President on this occasion. " It was incumbent on
Congress," he said, "in guarding the pecuniary interests
of the country, to discontinue, by law, the receipt of bills of
the bank of the United States, in payment of the public
revenue, and to have an agent whose duty it should be to
take charge of the books and stock of fhe United States in
that institution ; and to close all connection with it, after
the third of March, 1836, when its charter would expire."

1835] JACKSON, 423
This proposition of the President discovered, as Avell his
jealousy of the influence of the bank, as of his care of the
public funds. For the charter of the bank, being soon to
expire, it was Avithin the competency of Congress to pro
vide measures for receiving and guarding fhe national stock.
The officious interference of the executive indicated an in-
veterately hostile spirit to the banking institutions of the
country. While others regretted the discontinuance of the
bank of the United States, and apprehended disastrous re
sults from the measure, and believed also that a specie
currency was impracticable, and if attempted to be intro
duced, would produce great embarrassment and suffering
in the conimunity ; the President expressed high satisfac
tion and pleasure, in Avitnessing, as he persuaded himself
he did, " The advantages which had already been derived
from recent laws regulating the value, of - gold coinage,"
He predicted " That these advantages would be far greater,
in the course of the following year, when the branch mints
in North Carolina, Georgia, and Louisiana should have
gone info operation — aided, as it is hoped they will be, by
further reforms in the banking systems of the States, and
by judicious regulations on the part of Congress, in relation
to the custody of the public monies, if may be confidently
anticipated that the use of gold and silver, as a circulating
medium, will become general in the ordinary transactions
connected with the labor of the country. The great desid
eratum, in modern times, is an efficient check upon fhe
power of banks ; preventing that excessive issue of paper,
whence arise those fiuctuations in the standard of value,
which render the rewards of labor uncertain,"
The events of the two or three following years did not
fulfil the predictions of the President, The new mint es
tablishments, for coinage of gold and silver, served only to
add to the expenses of the government. Every dollar
coined cost nearly that sum in the manufacture ; and in
some cases more even. They were indeed, only occasions
for extending executive patronage. The suppression of the
United States Bank Avas followed immediately by extensive
embarrassments in the business of the country, and by a
diminution both of the value of real estate, and "of the re
wards of labor," Other banks of little capital were in
creased, and a depreciated paper augmented the public dis
tresses. And what was still more alarming, as it was a
great change in all the former financial operations and
course of the government, it led to the plan of the sub-
treasury system ; which proposes to place the pUblic funds

424 FEDERAL GOVERNMENT. [1836
entirely in the keeping and under the control of the execu
tive department ; thus depositing them in the hands of irre
sponsible individuals, instead of being at the direction of
Congress, which would take care to have them kept in cor
porations of large capital and of able administration. In fact
all the predictions of the President on these subjects were
falsified by distressing realities which afterwards occurred.
It was found impossible to have gold and silver the only
medium of trade, or the only currency in the country. And
though the opinion was grounded, that banks had been too
much multiphed and should be more carefully regulated by
law in their issues of paper, the attempt to suppress their
bills, and to admit only of a specie currency, would have
produced immediate distress of great extent; nor Avas it
seen how it would eventually prove for the permanent ad
vantage of fhe people. If might have checked the exces
sive desire for speculation, and thus have proved salutary,
by introducing more economy in the modes of living with a
portion of the people ; but it Avould also have prevented
useful and commendable enterprise, and been a great hin
drance to the prosperity and improvement of the nation.
The plan of suppressing banks, of preventing the circu
lation of their bills and notes, and of permitting an entire
metallic currency, was certainly a bold, if not a rash ex
periment ; and was highly reprehensible, whether it orig
inated in a belief of promoting the permanent welfare of
the country, or in a vain hope of forming a financial sys
tem and policy superior to that of all former times. It was
generally admitted, that a benefit would result to fhe na
tion from a diminution of banks, existing in 1833 and 1834,
or from a strict conformity, in their issues of bills, to fhe
laws by Avhich they were established ; but all business
men, all practical men, all people, concerned in trade, hoAV-
ever prudent and cautious in their speculations, were of
the opinion, that banks were useful in the community, that
they had been the means of the rapid increase of wealth,
and of great general prosperity ; and that the forcing of a
metallic currency would produce very disastrous effects.
The project for a certain portion of gold and silver, as a
currency, Avas not impugned ; but it was contended that this
could only be effected in a limited degree, and that bills
and notes of banking companies were great facilities for
the purposes of exchange and trade between different parts
of the Union, and of no injury to any class of the people.
Such, too, it was justly contended, had been fhe policy
of the federal government, under every administration,

1836] JACKSON. 425
from its first establishment, and had answered all the ben
eficial purposes intended or expected. It was, therefore,
in some degree proof of rashness in the President to deviate
from such safe precedent ; and, under the pretence of re
form, or of greater security to the people, in the enjoyment
of their rights or the just reward of their labor, to insist ou
a system altogether new in the country, in opposition to
the judgment of men of practical wisdom, and of extensive
knowledge, respecting the support and the operations of
trade. No abuses of banking companies could justify the
experiment proposed ; and the policy was early productive
of incalculable mischiefs. It is not to be supposed that the
President foresaw the disastrous effects of his experiment ;
but its failure furnishes admonition and rebuke to all rash
innovators, and all visionary reforfiiers of a policy Avhich
has long contributed to the prosperity and advancement of
a nation. While he claimed the right to act independently of, and
in opposition to, the will of the legislature relating to the
bank, and the removal of the public funds from it, the
President professed a desire to have little discretionary
power in the hands of fhe executive, and expressed the
opinion, that his duty was to be defined and prescribed by
the legislature. There here appeared some degree of incon
sistency in his conduct, in the unauthorized removal of the
government fund-e and fhe theoretic views of the President.
He used the folloAving language, when referring fo the sub
ject in this message : "I need only to add to what I have
said on a former occasion — that, in the regulations which
Congress may prescribe respecting the custody of the pub
lic monies, it is desirable that as litfle discretion, as may be
deemed consistent with their safe keeping, should be given
to executive agents. No one can be more deeply impressed!
than I am with the soundness of ihe doctrine which restrains,
and limits executive discretion. In respect to the control over
ihe public money, this doctrine is peculiarly applicable, and
is in harmony with the great principle which I felt I was
sustaining in the controversy with the bank ; which has
resulted in severing a dangerous connection between a i
monied and political power." It is difficult to perceive how
the conduct of the President, in this case, was in harmony
with the doctrine above asserted, or wifh the provisions of
the Constitution. The majority of Congress Avere opposed
to the removal of the public funds from the bank, and they
were fully of opinion that they were safe therein ; and yet
the executive assumed power to remove them and to take
54

426 FEDERAL GOVERNMENT. [1836
them into his own keeping. General Jackson would have
the duty and authority particularly prescribed ; and yet he
would use his own discretion, to any extent, in his official
The President referred to the State of the militia of the
United Slates, and recommended its more efficient organiza
tion. The opinion he expressed was in accordance with
the views of his predecessors, and of other sound statesmen
in the republic, " The militia," he said, " constituted our
surest defence, and ought therefore to be well organized ;
and a classification be ordered and maintained ; as this
only would prevent the expense and danger of keeping up
a large regular military force,"
The removal of the Indian tribes residing on the eastern
side of the Mississippi to a vacant territory west, was again
mentioned by the President, at this time, and he informed
Congress, that many of them had emigrated to the region
alloted to them ; \vhile some refused or hesitated fo leave
their former places of residence. It was his opinion, now
anew and more explicitly declared, that their removal and
separate location Avould prove highly beneficial to the tribes,
and tend most effectually to their peace and welfare.
The condition of the navy was presented to the attention
of Congress; and it was proposed to adopt measures for
adding to its strength and efficiency. The views expressed
by the President were founded in a just appreciation of fhe
importance of that essential arm of national defence,
"The post office department had been noAV somewhat im
proved, since its great embarrassment at the period of two
years before. Many delinquent agents and contractors,
connected with that department, had been required to settle
their accounts ; and there was a prospect that the income
would be fully equal to the expenses of the institution.
The President took notice, in this message, of the circu
lation, by the mail, of tracts and pamphlets on the subject
of slavery, which at that period produced a great excite
ment in the southern section of the Union, His views on
the subject fully appear from the extracts following : —
" In connection with the subject of the post office, I must
also invite your attention to the painful excitement pro
duced in the south, by attempts to circulate, through the
mails, inflammatory appeals addressed to the passions of the
slaves, in prints, and in various sorts of publications, cal
culated to stimulate them to insurrection, and to produce
all the horrors of a servile war,
" There is, doubtless, no respectable portion of our coun-

1836] JACICSON. 427
trymen, who can be so far misled as to feel any other sen
timent than that of indignant regret at conduct so destruc
tive of the harmony and peace of the country, and so re
pugnant to the principles of our national compact, and to the
dictates of humanity and religion. Our happiness and
prosperity essentially depend upon peace within our bor
ders ; and peace depends upon the maintenance, in good
faith, of those compromises of the Constitution upon which
the Union is founded. It is fortunate for the country that
the good sense, the generous feehngs, and deep-rooted at
tachment of the people of the non-slaveholding States to the
Union, and fo their felloAV citizens in fhe south, have given
so strong and impressive a tone to the sentiments enter
tained against the proceedings of the. misguided persons
Avho have engaged in these unconstitutional and wicked at
tempts, and especially against fhe emissaries from foreign
parts, Avho have dared fo interfere in this matter, as to au
thorize a hope that these attempts will be no longer per
sisted in. But if these expressions of the public shall not
be sufficient to effect so desirable a result, not a doubt can
be entertained, that the non-slaveholding States, so far
from countenancing the slightest interference with the con
stitutional rights of the south, will be prompt to exercise
their authority in suppressing, so far as in them lies, what
ever is calculated to produce this evil,"
There was a great agitation of the public mind, and had
been for several years, on the subject of domestic slavery.
And in their zeal to put an end to this evil, as many con
sidered it, or this positive injustice, as some pronounced it,
pamphlets were printed in some of the northern States, of
a very exciting and aggravated character ; and sent by
mail and otherwise, into those parts of the Union where
slavery existed, and was allowed by law. Had those in
the north, who considered slavery a social evil, inconsistent
Avith republican principles, and contrary to the Christian
religion, been content to use sober argument on the subject,
or to publish tracts to show the evils and injustice of negro
slavery in any form, for distribution among such as chose
to purchase or receive- them, they would not have been
justly liable to the charges of inflammatory proceedings.
The Slate governments are fully competent to regulate
their internal police, and the federal Constitution recognizes
the right to hold slaves, or at least has not prohibited such
conduct in a State, where slavery then existed. It was
therefore believed to be a violation of the federal compact,
as well as doing great mischief to the people in the south-

428 FEDERAL GOVERNMENT. [1836
em States, to interfere with slavery within their jurisdic
tion, where it had long been maintained. Some of the pub
lications had a tendency to create insurrections among the
people of color against their owners and masters, which
would have produced incalculable evil and sufferings.
And thus fhe conduct of the ultra abolitionists was highly
reprehensible : and yet so far as they acted conscien
tiously, after due inquiry, it might not justly be considered
as wicked.
Difficulties arose in 1836, Avith some of the Creek and
Cherokee tribes, in the territory of Florida, These tribes
had always been opposed to a removal to a distant country,
west of the Mississippi river ; and some of them refused to
emigrate. But fhe greater part of them retired info Flor
ida ; and were there joined by stragglers from other tribes,
as well as by the the few Indians, then residing in that
territory. Exasperated by the severe treatment they had
met with from Georgia, which was in some measure coun
tenanced by the United States authority, they attacked
the white population, and committed numerous outrages
and murders. It was deemed proper by the federal exec
utive to call on the military to check and suppress them.
The militia were first called out under Governor Call ; and
afterwards the United States regular troops, commanded
by General Jessup. Governor Call was unable to quell
tliese hostile Indians; but when fhe President ordered
General Jessup to proceed against them, he informed Con
gress there was reason to expect they would be soon re
duced to subjection. This hope was not fulfilled. The
Indians in that territory continued their depredations for
many years, with various success and reverses; and
though not sufficiently numerous to venture an attack
upon the main body of the troops, under Jessup, they fell
on the defenceless families in difi'erent places, and some
times on small detachments of the troops, and committed
robberies and murders, almost without number. Some of
them were also slain, and others driven to their hiding
places in the distant forests. The extent of sufferings they
caused among the white population were almost unex
ampled, when it is recollected how few they were and how
formidable the troops sent against them. The war in Flor
ida against a few scattering Indians, in five years con
sumed many millions of dollars ; and proved fatal to many
young men of great promise, who would have been usefid
in society : many of them fell victims to the unhealthy
climate. Judging from the progress and results of this un-

1836] JACKSON. 429
happy contest, it appears to have been conducted in an
unskilful and desultory manner. Or may if be said, that
the power of retributive justice, has been here remarkably
displayed 1
In the message of President Jackson to Congress, De
cember, 1836, which was his last annual address to that
body, he referred to various subjects of a public and na
tional character, on which the attention of the administra
tion had been bestowed subsequent to the previous session.
And he said he had reason to congratulate the Represent
atives of the people, and through them the people them
selves, on the prosperous state of the Union, and the con
tinued friendly relations wifh other governments. But the
question of the northeastern boundary, remained unad
justed ; and there had also been an unexpected delay, on
the part of Mexico, in running the line between that country
and the United States. Some misunderstanding occurred,
in consequence of a hasty view taken by the Mexican
minister, of the advance of General Gaines, with some
United States troops into the territory of Texas, and, then
claimed by the Mexican government lo be within its jiiris-
diction. But it soon appeared he only advanced a small dis
tance beyond the acknowledged bounds of the United
States ; and that merely for the purpose of preserving the
frontiers from the inroads of Indian tribes ; which was ac
cording to a provision included in the treaty then existing
between the two republics.
He spoke again of the dangerous influence of the bank
of the United States ; and so strong was his opposition fo
the institution, either from prejudice or exaggerated repre
sentations of its administration,'^ that he advised to the im
mediate disconnection with it of the department of fhe
national treasury, in all respects. The revenue for 1836,
was productive beyond all former years. Al the close of
the year there were forty-seven millions and seven hundred
thousand dollars in the treasury : twenty-two millions and
a half of which accrued from the customs ; and twenty-
four millions from other sources, chiefly from the sale of
public lands. There would be, according fo fhe estimation
of the Secretary of the treasury department, forty-one mil
lions for distribution among the States : a plan for which
was then matured. But the President did not recommend
this measure, and it was not without great reluctance that
he approved the bill for the purpose. He differed from the
majority of Congress on this subject ; but had the prudence
to give the plan his sanction, in accordance with the pre-

430 FEDERAL GOVERNMENT. [1836
vailing opinion. He even doubted the constitutionality of
the measure ; and was opposed lo the policy of alloAving to
the several States any surplusage in the public treasury.
As a general and permanent proceeding, it would seem to
be unwise and inexpedient; and a proper regulation would
be to lessen the rate of duties, so as to avoid a very great
superfluous sum remaining. But the rate of duties could
not then be justly reduced, as there was a law in operation,
of the character of a compromise, which the government
was bound not fo violate. In a few years, the law would
cease to be in force, and the duties might be brought down
to the wants of the government. When tliere was a very
large amount in fhe treasury, the public debt paid, and no
extraordinary expenses anticipated, it was alike wise and
equitable lo cause a distribution among the several States,
to Avhich it justly belonged, for their appropriation, A
large sum in the treasury would have been a strong temp
tation to Congress, or the executive, to expend it in a vis
ionary, partial or unnecessary manner.
Although the compromise act regulating the rate of du
ties on imported goods and articles, passed Iavo years before,
was an implied engagement in the government not to make
any change till 1842, except the gradual decrease, as ex
pressly provided by it, the President suggested the propriety
of other reductions ; but with apparent hesitation, and
without an express recommendation. Being opposed to the
plan of a distribution of the national funds among the
States, however superabundant, he Avas in favor of keeping f
down fhe revenue to the necessary expenses attending the
supporf of the government, by a diminution of imposts ac
cruing from the existing laAvs, But the majority of Con
gress were not willing lo disturb the compromise law ; and .
many of the members from the middle States, who were
supporters of the general measures of the administration,
were decidedly in favor of the system of protecting domes
tic manufactures.
General Jackson retired from the presidency in March,
1837 ; his second term of service, in that high office, having
then expired. During his administration, the public debt
of the United States was wholly paid ; but the policy and
system for extinguishing it, by annual payments, had been
adopted by President Monroe, twenty years before. And
the credit of this provident plan Avas principally due to
Hon, Mr. Lowndes, a distinguished member of Congress
from South Carolina, And President Adams had faithfully
pursued this wise and prudent course, having reduced the

1836] JACKSON. 431
debt of the nation, by the appropriation of about ten mil
lions annually.
When General Jackson came into office, in 1829, it was
said the expenses of the federal government were far greater
than necessary ; and that there was much extravagance in
the public appropriations and expenditures. Large sums
had been voted for surveys of public roads, canals, &c., and
these were considered unnecessary by some members, and
unconstitutional by others of the national legislature. But
the public expenses Avere much increased during the admin
istration of President Jackson, The population of the coun
try had indeed increased, and this could not but be attended
with some additional expenses to the government ; as tjie
conveyance of the mail in many places where the proceeds
were very small ; additional land agents and land registers
in the western parts of the Union ; and an increase of
officers in the departments at Washington, and in some dis
tricts for the collection of the revenue. But the additional
expenses Avere much greater than could be justly required
for these purposes. Offices were unnecessarily ihulliplied,
in some cases ; especially in the post office department ;
which was managed in 1830 and 1831, with as httle wis
dom as economy. And large sums were lost to the nationaL,;
'treasury, through the delinquencies of the collectors and
receivers of the public monies ; and by the unjustifiable
lenity and forbearance shown by the higher officers of gov-
¦ ernment to such delinquents, even after their defalcations
Avere known and of long standing.
The promises of President Jackson's friends and sup
porters were not realized. They, indeed, Avere rewarded j
but not without a gross disregard to economy ; and who
ever would not fiatter the President, nor applaud his measV
ures, however honest, were removed from office; and his
professed friends exclusively entrusted with comrnissions
which should be given only to the upright and patriotic.
But his arbitrary conduct in the management of the pub-
lie monies was most highly objectionable and most alarm
ing to the friends of constitutional law, who considered the
funds of the government entirely under the control of the
representatives of the people; except that the executive
should be allowed discretion as to fhe time and manner of
expending the money appropriated by law. His conduct, %,
therefore, in seizing on the public funds, and withdrawing f
them from the bank of the United States, where Congress
had ordered them to be deposited and kept, was very gener
ally condemned, as an act of a most arbitrary nature, and

432 FEDERAL GOVERNMENT. [1836
of very dangerous precedent. And it was not so much this
single act, arbitrary and unauthorized as it was, as the
principle assumed by the President, in this measure, of a
right in the executive to go beyond laAV and contrary to
law even ; and to make his own opinion, rather than the
laws of Congress, the rule of his conduct.
The principles of General Jackson, as chief magistrate,
have been sometimes deemed to be similar to those of Presi
dent Jefferson. Not that the latter had the boldness, or dis
regard of public opinion, as the former sometimes manifested;
but they both Avere disposed to assume authority, not
clearly given lo the executive officer of the republic. In
stead of making the Constitution and the laws the only
rule of action, they claimed a right to exercise their discre
tion, in many cases; and, under the pretence of promoting
the public Avelfare and prosperity, which was indicated, as
they professed to believe, by popular opinions expressed in
a moment of great excitement, they acted Avithout lawful
authority, and Avithout the previous sanction of the legisla
ture. Because the executive had some poAvers given it
independent of the legislative or judicial departments,
they contended for a right to act according to their own
individual judgment ; professing, indeed, at the same time, .
a sole regard to the rights and welfare of the people. But
this is a dangerous principle, however pure may be the
motives by which the measures have been adopted. No
people are secure in their rights, without rule and law. —
And in this chiefly, consists the difference between a repub
lic, resting on a Constitution approved by the people, and a
government administered according to the discretion and
will of a chief; between a well regulated community, and
a discretionary or arbitrary dynasty.
General Jackson was more independent and more daring
in his character, than Mr. Jefferson ; and therefore, at times,
the more arbitrary, and the more dangerous as the chief
magistrate of a republic, Julius Caesar professed to seek
the welfare and glory of the Roman republic ; and Napoleon
Buonaparte, the liberty and prosperity of France : but both
were arbitrary, and their conduct tyrannical ; and therefore
injurious to the liberties and happiness of the people of their
respective countries.
It is not necessary to suppose that either of these eminent
men were uncommonly selfish and ambitious, nor to assert
that they were destitute of patriotic, sentiments. But such
was their pride of opinion, or their self-estimation, or their er
roneous theory of a republican government, that they some-

1836] JACKSON. 433
times assumed power exceeding constitutional grants, which
is never to be justified, and ahvays leads to despotism, in
some form. The greatest men are subject to prejudice, and
liable to be betrayed by personal feelings ; and il is ahvays
just cause of alarm lo the friends of a stable government,
when the rulers disregard the constitutional provisions made
for the preservation of the rights and Avelfare of the people,
and substitute their own will as a guide for their public
conduct. The conduct of President Jackson was not, in all respects,
so favorable to the hopes of those who had been sanguine in
their belief of the perpetuity of the republic, as that of his
two immediate predecessors. Of the others, il is not neces
sary here lo speak. They made the Constitution a guide
in their practice as Avell as in their professions ; and assumed
little or no powers, not clearly vested in the chief magistrate
of fhe Union. In monarchies, the reigning prince has high
discretionary poAvers, The exercise of fhe royal prerogative
is often carried to a great extent ; and thus the rights of the
subjects are liable to be violated by the mere will of the
king. In a republic, it is at least theoretically otherwise.
Where the discretion of the magistrate is the rule and meas
ure of his official acts, hoAVever patriotic are his purposes,
equal and impartial justice cannot be expected. He is not
infallible, and may err in his judgment. He is subject to
hke passions and prejudices, as other men, and will prob
ably act from partial and improper feelings. From this
source, there is always great danger to a republican gov
ernment. The people must check all usurpation, and all
arbitrary assumption of poAver in their rulers, or their liber
ties will be temporary and evanescent. If several successive
chief magistrates of the Union are arbitrary in administering
the government, and repeatedly transcend or disregard the
provisions of the Constitution, many generations will not
have passed, before their civil freedom will be lost beyond
recovery, and the people subject to as despotic rule as that of
Csesar, or Napoleon, or fhe Autocrat of Russia. Unless the
Constitution be the guide, the government of the United
States, once highly blest, will be that of misrule and des
potism. 55

434 FEDERAL GOVERNMENT. [1837

CHAPTER XV.
Martin Van Buren chosen President. His public Character — His Politicd
Views similar to those of his Predecessors : Pursues similar Measures re
specting Banks and the Currency. Aij extra Ses^ion of Congress. His opin
ion that the Government is not bound to interfere for the Relief of the People
on account of the Distresses in Trade. Treasury Notes issued. Part of the
Sum previously ordered to be distributed among the States, whhheld.
Florida War very expensive, and long protracted. Closing Remarks,
Martin Van Buken, of the State of New York, who had
been four years Vice President, was elected the chief mag
istrate of the United States in 1837, He had then been many
years in public life, and held several high offices, in his native
State, and in the federal government. His talenfs, as a
statesman, were acknowledged by all ; and experience bad
made him familiar with political subjects, and the public
affairs of the nation. As a literary man, and as a civil
magistrate, he is believed to be superior fo his immediatepre
decessor. But in the opinion of those long associated wifh
him in public life, or who had observed his political course,
he was supposed to possess a spirit of unbounded ambition ;
and uncommon talents for intrigue to minister to his ruling
passion. A political character should not, indeed, be too
severely censured for being ambitious; and there are few
politicians who would not be liable to the charge. It is
difficult also, in all cases, to decide what individual resorts
most to intrigue, that he may rise ; or whose intrigues are
the most dishonorable and reprehensible. It is only the acts
and measures of politicians or rulers, that require the cog
nizance, and warrant the judgment of their fellow men. It
may be safely said of Mr. Van Buren, that he did not excel
some other citizens of the republic, in talents, services, or
experience, when he was elected President of the United
States, What chiefiy procured the voice of the people in
his favor, was the station he had held as Vice President,
and his publicly avowed resolution to pursue the policy of
General Jackson, Avith Avhom he had been long associated
in administering the government ; and most of whose
measures he probably had proposed. General Jackson had
a strong hold on the confidence of the people, during the

1837] VAN BUREN. 435
greater part of his presidency ; for it was believed he was
sincere and patriotic, though he failed to introduce any re
form, as to the expenses of fhe government, as he and his
friends had promised ; and his policy, so far as it was new,
had produced, or not prevented, great public embarrassment
and distress.
While a candidate for the office of chief magistrate, and
after he ascended the chair of State, Mr. Van Buren de
clared that his policy and measures would be identical with
those of his predecessor, and that his purpose Avas " to fol
low in the footsteps" of the man whom he professed so
highly to venerate and admire. It had been hoped, that
such professions Ave re early made, in part, for the sake of
reaching the high goal before him; but, being in some
degree a practical man, sensible of the advantages of com
merce, and therefore in favor of the credit system, and of
banks, which he had not formerly opposed, that he Would
gradually return to the policy of Mr. Adams, and Mr. Mon
roe, President Van Buren, hoAvever, denounced the banks,
and represented them as the cause of all the evils and dis
tress in the country. So far as the general government had
the power, he endeavored to depreciate these institutions.
A specie currency, it was also his avowed object to intro
duce ; especially, in all concerns relating to the government.
And he repeatedly declared it to be his purpose to separate
the government from the people, and to provide exclusively
for the financial prosperity of the former ; implying, that
in his opinion, the welfare and protection of the latter, as to
their trade and monetary affairs, were not objects of the
attention and concern of the national rulers.
This doctrine does not appear very consistent with the
spirit and letter of the Constitution, by which the general
government was instituted ; being to preserve the welfare
and to promote the prosperity of the people ; and giving
power to if to regulate the currency of the country. There
is evidently, then, a power for regulating banking com
panies, and by evident implication for incorporating them ;
and if they have been found for the public benefit, when
wisely managed, a duty devolves on fhe government of the
Union to give them support, while care is taken to provide
for their due regulation, Mr, Madison and Mr. Monroe
believed a national bank would be of extensive benefit,
both to the people and the government. General Jackson
supposed such a bank to be injurious to the country, rather
than promotive of its prosperity : and, entertaining this, opin
ion, he was consistent in his opposition to it. But it is dif-

436 FEDERAL GOVERNMENT, [1837
ficult to perceive either consistency or patriotism in those
who refuse to provide relief for the people, or deny the duty
of the government to find a substitute for an institution,
which had proved instrumental in promoting the prosperity
of the nation.
Within two years from the discontinuance of the bank of
the United States, although the public debt had been paid,
the administration found it necessary to resort to large loans,
to meet the ordinary expenses of the government, owing fo
the embarrassments in trade, and the consequent diminution
of the revenue. The suspension of the charter of fhe
United States Bank was, in a great degree, the cause of this
depression of the spirit of enterprise, and of extensive suf
fering among the trading classes. There had, indeed, been
great importations of foreign goods in 1836, beyond prudent
and reasonable calculations ; but the evils resulting from
overtrading could not have at once produced such deep and
extensive suffering. There would not have been a shock
so sudden and overwhelming, had the bank of the United
States been then in operation. It would have afforded fa
cilities to the merchants and others, preserved confidence
among the citizens, and kept up a course of exchange be
tween different sections of the country. One great ostensi
ble object for discontinuing the national bank was, to put
an end to the circulation of paper bills, and to prepare for
currency in gold and silver. But this was not the effect,
to any perceptible extent, of closing that institution. State
banks Avere immediately increased, Avith the vicAV of making
them a remedy, or substitute for the bank of the United
States, But it was found impossible to obtain circulation
for them in places or States distant from their location ; and
many of them had not sufficient capital to support their
credit in a season of pressure among the merchants.
As a large portion of the citizens of the United States are
merchants or traders, banks have justly been considered, in
some measure, necessary ; they have certainly proved
highly auspicious to the prosperity and advancement of the
country. Every State in the Union has had incorporated
banking companies, with a view to general benefit; and
no practical men denied their utility, when duly organized
and conducted. And some few cases of error or abuse is
far from justifying a general condemnation of them. But
State banks are designed chiefiy for the benefit and con
venience of the citizens of such State, They are a part of
its internal police, and are enacted for a limited circulation,
rather than for a currency in all the other States of the

1837] VAN BUREN. 437
Union. And therefore a national bank is demanded, for
more extensive utility and accommodation. This is also
in strict analogy Avith fhe nature of the government of fhe
separate States, and of the United States, Before the
Union was formed and established, by the organization of
the federal government, under the present Constitution,
the individual States were strictly independent and sove
reign. They had acted in concert; but the Continental
Congress had no power to enforce their requisitions. And
after the federal government was established, the several
States had all their former poAver, except Avhat they vested
in the new Congress for national or general purposes.
They had issued paper money and established banks ; and
they continued to incorporate them aflerwards, though they
were prohibited issuing bills in the name of the State. The
federal government did not attempt to prevent these meas
ures. And yet it has been sometimes asserted they had
constitutional poAver fo do it ; and that it would have been
more for the stability of the currency of the country, if
they had exerted such authority. But precedent has sanc
tioned the State banks. And yet, for the purposes of a
general and stable currency, throughout the Union, as free
as such institutions can be, from fluctuations in financial
concerns and proceedings, a national bank was demanded
both by the wise statesmen, and the traders and merchants
in 1791, Its operations were found useful, and fended di
rectly to a great degree of prosperity, in various respects.
Mr, Madison was so fully persuaded of its utility, that,
while he had some constiludonal objections to instituting
a bank by the federal government, he was induced to ap
prove of if.
But President Jackson, considered it proper fo suppress
it; and his successor, either believing him infallible, or his
popularity sufficiently strong to maintain all his measures,
and even to give great influence to any one who should
follow them, pursued a hostile course against banks, both
national and State ; and directed aU his official efforts to
introduce a metallic currency.
Early in the year 1837, an uncommon measure of em
barrassment and suffering was experienced in all parts of
the Union ; and continued through the year. Overtrading,
or the unusual amount of importations, Avas one cause, to
which this unprosperous state of the country was imputed.
But it was also attributed to the discontinuance of fhe na
tional bank, and to the repeated attempts of the adminis
tration to destroy its influence. As the bank had, accord*

438 FEDERAL GOVERNMENT. [1837
ing to the opinion of all practical men, and of all engaged in
mercantile pursuits, been, highly favorable fo the credit
system, and to honorable enterprise tending to the general
prosperity, and not of any injury to the government which
could be shown ; so its termination, by act of Congress,
was justly considered of the greatest and most extensive
influence in causing the evils witnessed at this period. And
as the policy and measures of the federal government were
believed to have produced or augmented the public distress,
it was a rational conclusion, that it might afford some re
lief Several petitions from different commercial towns and
cities, with very numerous subscribers, were presented to
the President, requesting thai he would summons a meeting
of Congress al a more early day than thai on which it had
been usual lo assemble. The President delayed sometime
to act on the petitions ; but the distress increasing, and
other petitions being addressed lo him, he issued a procla
mation for convening the national legislature in the month
of September.
In his message fo Congress, however, at this lime, he
gave no hope to the people of receiving any relief from the
government. He distinctly expressed the opinion, that fhe
national legislature could do nothing lo mitigate the evils
Avhich existed ; that it Avas not the duly or design of the
federal government to interfere in such cases ; that the
embarrassments complained of arose from the unwise con
duct of the trading part of the community; and that they
only could supply a remedy, by a more prudent and limited
course of enterprise and trade. And he distinctly advanced
the strange doctrine, that all the government could do, or
was designed lo do, Avas to lake care of itself; to pay in
deed the public debts, and discharge the usual expenses
which occurred ; but that it might not justly be expected to
legislate with reference to the monetary concerns of the
country, for the benefit of any class or classes of the people.
This Avas correct only in pari : as it could not be demanded
of the government in all cases, to prevent reverses in
business, always owing in some measure to the mistakes or
imprudence of individuals ; but as it had destroyed one im
portant means of benefit and facility lo the merchants, and
through them to all other classes of citizens ; and the exist
ing evils might be referred in part to that measure, there
was a propriety in applying lo the federal government for
relief under their sufferings. Congress, it was admitted,
had the power to regulate the currency, and the federal
government was designed to protect the commerce of the

1837] VAN BUREN. 439
country ; it was therefore believed if had sufficient author
ity to legislate, by uniform acts, with a vicAV to support the
credit system, and to establish means, by a national bank,
for general relief But the principal act of this extra ses- /
sion was that for authorizing the issue of treasury notes, fo
the amount of ten millions of dollars, for the immediate
wants of the government. This Avas no other than a loan,
except in name ; Avhich il Avas probably a wish lo avoid ;
and yet poAver was given to the Secretary of the Treasury
to borrow, if he should find it necessary. The notes were
made negotiable ; and thus became in fact merely paper
money ; Avith no better credit, for there was no greater cap
ital or certainty of payment, than there had been in the
national bank. The like amount of treasury notes was au
thorized in 1838, and again in 1839 : but a part of former
issues had then been redeemed,*
The law of June, 1836, providing for the distribution of
the surplus funds of the government, fo and among the
several States, was suspended in October, 1837 ; after three-
fourths of the same had been transferred to the States, in
pursuance of the former act.
When the national funds were withdrawn from the bank
of the United States, they were deposited in various State
banks in most of the large and populous cities of the Union.
But this proved unfortunate to the fiscal concerns of the
government. Some of these deposite banks were impru
dently managed, though under the sole direction of political
friends of the administration; and large sums were thus
entirely lost to the treasury. Had all the State banks been
selected by the treasury department for their ability and
faithful and prudent direction, and not for party purposes,
to oblige its supporters, there would have been no reason to
regret such deposites of the public funds. In the absence
of a national bank. State banks, properly located and
chosen wifh proper discrimination, have proved of great
facility and advantage, both to the government and the
people. The administration of President Van Buren has been
chiefiy distinguished for proposing and urging the sub-
treasiiry system. The plan was suggested by his prede
cessor, Avhen meditating the discontinuance of the national
bank ; and the course he pursued, in directing the Secretary
of the Treasury to withdraw the public funds from that in-
* Twenty thousand dollars were allowed to meet the expenses of issuing
these notes from the treasury.

440 FEDERAL GOVERNMENT. [1837
stitution, to take them into his own possession, and place
them for safe keeping, in such other banks as he might se
lect ; thus assuming, as the executive officer of the govern
ment, the control and disposition of them; was the origin,
and the first practical operation of the system of a sub-
treasury. Congress have as yet, indeed, the sole right to
vote money, and to direct as to the objects for which it is
appropriated ; but as lo its keeping, whether in banks
known to be safe, or in any other specific manner or Avay, it is
entirely under the control of the Secretary of fhe Treasury ;
and he again is the servant of the President ; and not of Con
gress nor of the people. A door is thus opened for favor
itism, for partiality to pohtical friends, in the appointment
of receivers and keepers of the national funds. And when
the prejudices and passions of men are remembered, such a
system will be, as in many cases it has already been, at
tended with great misapplication, detention, and loss of the
people's money. A Secretary of the Treasury may be per
fectly honest, and yet from mistaken lenity or pohtical
friendship, may permit delays and delinquencies highly im
proper in a public officer, and injurious to the interests of
the government.
Political partiality in appointments to office, was mani
fested under President Van Buren to as great an extent as
during the, administration of General Jackson, Not a very
large number were removed ; for the offices of government
were generally held by the friends of his predecessor. But
Avhen the term fixed by law for a commission to run, if the
incumbent was discovered lo be in any way opposed lo the
policy of the administraiion, or lo relax at all in his zeal or
his efforts lo support the candidates of the party, he was
dismissed at the expiration of his first commission.
This partial and exclusive policy was indeed adopted
by one of his predecessors, in an early period of the federal
government ; but it was very generally condemned as im
proper ; the hope of office being thus held out to unprinci
pled men to attach themselves to the reigning administra
tion. It was now more alarming and more reprehensible,
as it Was expressly declared by a prominent friend of Pres
ident Jackson and President Van Buren, " that the spoils of
office belonged to the victors."
The war in Florida was continued during the adminis
tration of President Van Buren ; and very large sums, ex
pended in maintaining it : During the year 1836, one mil
lion and a half of dollars were appropriated to prosecute
that unfortunate contest. In January, 1837, two millions

1837] VAN BUREN. 441
more were voted for the purpose : Both of Avhich were
before the retirement of General Jackson. At the extra
session in October,- 1837, a large amount Avas again appro
priated ; and in 1838, the expenses for supporting an army
in that quarter, against the Indians, were to as great an
amount as in either of the two preceding years. When
the difficulty arose with these Indians, President Jackson
supposed that it would soon be terminated. And no one,
at that time, had any reason to suppose it would con
tinue for years, and have cost the government eight or
ten millions. Other measures than those of force, would
probably have terminated the difficulty at an early period.
It would certainly have saved many valuable lives, uoav
lost to the country ; and been far more satisfactory to the
friends of humanity throughout the Union.
Although generally opposed to the policy of internal im
provements, at the expense of the federal government, large
sums Avere expended for repairs on the Cumberland road,
and for its continuance through the States of Indiana' and
Illinois. But this Avas an object of great national benefit,
by opening a way from the Atlantic lo the interior of the
Union ; and the Avork had originated with Congress several
years before. The friends of the administration, Avho Avere
also advocate of State rights, believed there Avas no incon
sistency in tliis conduct. Large appropriations were also
made in 1836, and in 1837, for lighthouses, lifeboats,
buoys, and monuments, for the benefit of navigation; but
for these purposes there Avas always ,far more agreement
among the different parties in Congress,
The public expenses continued, almost invariably, to in
crease, from the year 1829 lo 1838, Public agents Avere
multiplied, and an increased compensation, in many cases,
Avere allowed them for their services. And large sums
were lost by the improper appropriation of monies put into
the hands of the federal officers. There was often a pre
tence for charging for extra service, and thus obtaining
more than Avas clearly allowed by laAv, The expenses of
the public printing for Congress, and for the departments
under the executive, were among those in which great
' sums were expended ; and it was found that frequently the
business could have been performed at ten or twenty
per cent, less than was given. And this conduct could
justly deserve no other name than corruption, or a gross
abuse of the patronage of the government, 'for parly pur
poses. The fuU results of the peculiar and experimental policy
56

442 FEDERAL GOVERNMENT, [1838
of President Jackson and President Van Buren, respecting
banks and the currency, in their influence on the condition
of the country, for good or for evil, for succeeding years,
cannot be correctly estimated. The immediate conse
quences were a general disturbance of the trade and mon
etary affairs of the nation, and an unprecedented check to
the accustomed pursuits of a people, so enterprizing in their
spirit &,nd so desirous of improving their condition, as are
the citizens of the United States. The Sub-treasury
scheme also gave alarm to the friends of the Constitution,
generally, and to men of settled republican sentiments,
who perceived in it a deviation from the essential elements
of liberty recognized in the Constitution, and a weakening
of the responsibility of public agents, Avho should always
be controlled by the authority of law. They knew that
power was corrupting; that il was necessary to impose
checks on those Avho were clothed with political authority,
and to make them constantly amenable lo their constitu
ents. The developments and effects of this fearful experi
ment must be left for narration lo a distant day. The only'
jusl hope of the perpetuity and future purity of the republic,
rests on the intelligence and virtue of the people ; and on
their wisdom in the choice of men for places of public
trust; who, like WAsmNoxoN, shall make the Constitution
their guide ; and,, under the controlling influence of its doc
trines and requisitions, shall seek to preserve the integrity
of the Union, and the rights and welfare of individuals.

APPENDIX

Extracts from fhe Speeches of Mr. Webster, a Senator
from Massachusetts, and of Mr, Hayne, of South Carolina,
January, 1830, on the subject of State Rights, and of the-
powers of fhe Federal Government, are deemed of such
superior importance, and of such general interest, that they
are here given,
Mr. Webster, There remains to be performed, by far the
most grave and important duty, which 1 feel to be devolved
on me, by this occasion. It is to state, and to defend, -what 1
conceive to be the true principles of the Constitution under
which we are here assembled. * * *
1 undestaad the honorable gentleman from South Carolina,
[Mr, Hayne,] to maintain that it is a right of the State legisla
tures to interfere, Avhenever, in their judgment, this government
transcends its constitutional limits, and to arrest the operation of
its laws. (
I understand him to maintain this right, as a right existing
under the Constitution; not as a right to overthrow it, on the
ground of extreme necessity, such as would justify violent revo
lution. 1 understand him to maintain an authority, on the part of the
States, thus to interfere, for the purpose of correcting the exer
cise of power by the general government, of checking it, and
of compelling it to conform to their opinion of the extent of its
powers. 1 understand him to maintain that the ultimate power of judg
ing of the constitutional extent of its own authority, is not lodged
exclusively in the general government, or any branch of it; but,
that, on the contrary, the States may lawfully decide for them-
s^elves, and each State for itself, whether, in a given case, the act
of the general government transcends its power,
I understand him to insist, that if the exigency of the case, in
the opinion of any State government, require it, such State gov
ernment may, by its own sovereign authority, annul an act of
the general government, which it deems plainly and palpably
unconstitutional.

444 APPENDIX.
This is the sum of what 1 understand from him to be the South
Carolina doctriue; and the doctrine which he maintains, I pro
pose to consider it, and to compare it with the Constitution.
Allow me to say, as a preliminary remark, that I call this the
South Carolina doctrine, only because the gentleman himself has
so denominated it. I do not feel at liberty to say that South
Carolina, as a State, has ever advanced these sentiments. I
hope she has not, and never may. That a great majority of her
people are opposed to the Tariff laws, is doubtless true. That
a majority, somewhat less than that just mentioned, conscien
tiously believe those laws unconstitutional, may probably also
be true. But that any majority holds to the right of direct State
interference, at State discretion, the right of nullifying acts of
Congress, by acts of State legislation, is more than I know, and
what 1 shall be slow to believe.
That there are individuals, besides the honorable gentleman,
who do maintain these opinions, is quite certain, I recollect the
recent expression of a sentiment, which circumstances attending
its utterance and publication, justify us in supposing was not
unpremeditated, " The sovereignty of the State — never to be
controlled, construed, or decided on, but by her own feelings of
honorable justice,"
[Mr. Hayne here rose, and said, that for the purpose of being
clearly understood, he would state, that his proposition was in
the words of the Virginia resolution, as follows: —
"That 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 the
grants enumerated in that compact: and that in case of a delib
erate, 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 maintaining, within their respec
tive limits, the authorities, rights, and liberties appertaining to
them,"] Mr, Webster resumed — I am quite aware of the existence of
the resolution which the gentleman read, and has now repeated,
and that he relies on it as his authority, I know the source,
too, from which it is understood to have proceeded, I need not '
say that I have much respect for the constitutional opinions of
Mr. Madison; they would weigh greatly with me, always. But,
before the authority of his opinion be vouched for the gentle
man's proposition, it will be proper to consider what is the fair
interpretation of that resolution, to which Mr. Madison is under
stood to have given his sanction. As the gentleman construes
it, it is an authority for him. Possibly, he may not have adopted
the right construction. That resolution declares, that, in the

APPENDIX. 445
case of the dangerous exercise of poioers not granted, by the gen
eral government, the. Stales may interpose to arrest the progress of
tlic evil But how interpose, and what does this declaration pur
port } — Does it mean no more, than that there may be extreme
cases, in which the People, in any mode of assembling, may
resist usurpation, and relieve themselves from a tyrannical gov
ernment? No one will deny this. Such resistance is not only
acknowledged lobe just in America, but in England, also: Black
stone admits as much, in the theory, and practice, too, of the
English Constitution. We, sir, who oppose the Carolina doc
trine, do not deny that the people may, if they choose, throw off
any government, when it becomes oppressive and intolerable,
and erect a better in its stead. We all know that civil institu
tions are established for the public benefit, and that Avhen they
cease to answer the ends of their existence, they may be changed.
But I do not understand the doctrine now contended for to be
that which, for the sake of distinctness, we may call the right of
revolution. I understand the gentleman to maintain, that, with
out revolution, without civil commotion, without rebellion, a
remedy for supposed abuse and transgression of the powers of
the general government lies in a direct appeal to the interference
of the State governnents. [Mr. Hayne here rose: He did not
contend, he said, for the mere right of revolution, but for the
right of constitutional resistance. What ho maintained, was,
that, in case of plain, palpable violation of the Constitution, by
the general government, a State may interpose; and that this
interposition is constitutional,] Mr, Webster resumed: So,
sir, I understood the gentleman, and am happy to find that I did
not misunderstand him. What he contends for, is, that it is
constitutional- to interrupt the administration of the Constitution
itself, in the hands of those who are chosen and sworn to ad
minister it, by the direct interference, in form of law, of the
States, in virtue of their sovereign capacity. The inherent
riorht in the people to reform thoir government, I do not deny;
and they have another right, and that is, to resist unconstitu
tional laws, without overturning the government. It is no doc
trine of mine, that unconstitutional laws bind the people. The
great question is, lohose prerogative is it to decide on the consti
tutionality or unconstitutionality of the laws 1 On that, the
main debate hinges. The proposition, that, in case of a sup
posed violation of the Constitution by Congress, the States have
a constitutional right to interfere, and annul the law of Congress,
is the proposition of the gentleman; I do not admit it. If the
gentleman had intended no more than to assert the right of rev
olution, for justifiable cause, he would have said only what all
agree to." But I cannot conceive that there can be a middle
course between submission to the laws, when regularly pro
nounced constitutional, on the one hand, and open resistance,
which is revolution, or rebellion, on the other, I say, the right

446 APPENDIX,
of a State to annul a law of Congress, cannot be maintained, but
on the ground of the unalienable right of man to resist oppres
sion; that is to say, upon the ground of revolution, I admit
that there is an ultimate violent remedy, above the Constitution,
and in defiance of the Constitution, which may be resorted to,
when a revolution is to be justified. But I do not admit that,
under the Constitution, and in conformity with it, there is any
mode, in which a State government, as a member of the Union,
can interfere, and stop the progress of the general government,
by force of her own laws, under any circumstances what
ever. This leads us to inquire into the origin of this government, and
the source of its power. Whose agent is it.' Is it the creature
of the State legislatures, or the creature of the people.? If the
government of the United States be the agent of the State gov
ernments, then they may control it, provided they can agree in
the manner of controlling it; if it be the agent of the people, then
the people alone can control it, restrain it, modify, or reform it.
It is observable enough, that the doctrine for which the honora
ble gentleman contends, leads him to the necessity of maintain
ing, not only that this general government is the creature of the
States, but that it is the creator of each of the States severally;
so that each may assert the power, for itself, of determining
whether it acts within the limits of its authority. It is the ser
vant of four and twenty masters, of different wills and different
purposes, and yet bound to obey all. This absurdity (for it
seems no less) arises from a misconception as to the origin of
this government and its true character. It is, sir, the people's
Constitution, the people's government; made for the people;
made by the people: and answerable to the people. The people
of the United States have declared that this Constitution shall
be the supreme law. We must either admit the proposition, or
dispute their authority. The States are, unquestionably, sove
reign, so far as their sovereignty is not affected by this supreme
law. But the State legislatures, as political bodies, however
sovereign, are yet not sovereign over the people. So far as the
people have given power to the general government, so far the
grant is unquestionably good, and the government holds of the
people, and not of the State governments. We are all agents
of the same supreme power, the people. The general govern
ment and the State governments derive their authority from the
same source. Neither can, in relation to the other, be called
primary, though one is definite and restricted, and the other gen
eral and residuary. The national government possesses those
powers which it can be shown the people have conferred on it,
and no more. All the rest belongs to the State governments or
to the people themselves. So far as the people have restrained
State sovereignty, by the expression of their will, in the Consti
tution of the United States, so far, it must be admitted, State

APPENDIX, 447
sovereignty is effectually controlled, I do not contend that if is,
or ought to be, controlled farther. The sentiments to which I
have referred, propounds that State sovereignty is only to be
controlled by its own "feeling of justice;" that is to say, it is
not to be controlled at all: for one who is to follow his own feel
ings is under no legal control. Now, however men may tliink
this ought to be, the fact is, that the people of the United States
have chosen to impose control on State sovereignties. There are
those, doubtless, who wish they had been left without restraint;
but the Constitution has ordered tho matter differently. To
malte war, for instance, is au exercise of sovereignty; but the
Constitution declares that no State shall make war. To coin
money, is another exercise of sovereign power; but no State is
at liberty to coin money. Again, the Constitution says that no
sovereign State shall be so sovereign as to make a treaty.
These prohibitions, it must be confessed, are a control on the
State sovereignty of South Carolina, as well as of the other
States; which does not arise " from her own feelings of honorable
justice." Such an opinion, therefore, is in defiance of the
plainest provisions of the Constitution,
There are other proceedings of public bodies, which have al
ready been alluded to, and to which 1 refer again, for the pur
pose of ascertaining more fully, what is the length and breadth
of that doctrine, denominated the Carolina doctrine, which the
honorable member has now stood up on this floor to maintain.
In one of them, I find it resolved, that "the tariff of 1828, and
every other tariff designed to promote one branch of industry at
the expense of others, is contrary to the meaning and intention
of the federal compact ; and, as such, a dangerous, palpable, and
deliberate usurpation of power, by a determined majority, wield
ing the general government beyond the limits of its delegated
powers, as calls upon the States which compose the suffering
minority, in their sovereign capacity, to exercise the powers
which, as sovereigns, necessarily devolve upon them, when their
compact is violated. "
Observe, sir, that this resolution holds the tariff of ls2o, and
every other tariff designed to promote one branch of industry at
the expense of another, to be such a dangerous, palpable, and
deliberate usurpation of power, as calls upon the States, in their
sovereign capacity, to interfere by their own authority. This
denunciation, Mr, President, you will please to observe, includes
our old tariff of 1816, as well as all others -, because that was
estabUshed f o promote the interest of the manufacturers of cotton,
to the manifest and admitted injury of the Calcutta cotton trade
Observe, again, that all the qualifications are here rehearsed and
charged upon the tariff, which are necessary to bring the case
within the gentleman's proposition. The tariff is a usurpa.tion ;
it is a dangerous usurpation ;' it is a palpable usurpation ; it is a
deUberate usurpation. It is such a usurpation, therefore, as calls

448 APPENDIX.
upon the States to exercise their right of interference. Here is
a case then, within the gentleman's principles, and all his qual
ifications of his principles. It is a case for action. The Consti
tution is plainly, dangerously, palpably, and deliberately violated;
and the States must interpose their own authority to arrest the
law. Let us suppose the State of South Carolina to express this
same opinion, by the voice of her legislature. That would be
very imposing ; but what then ? Is the voice of one State con
clusive ? It so happens that at the very moment when South
Carolina resolves that the tariff laws are unconstitutional, Penn
sylvania and Kentucky resolve exactly the reverse. They held
those laws to be both highly proper and'strictly Constitutional.
And now, sir, how does the honorable member propose to deal
with this case ? How does he relieve us from this difficulty,
upon any principle of his ? His construction gets us into it ; how
does he propose to get us out ?
In Carolina, the tariff is a palpable, deliberate usurpation;
Carolina therefore, may mdlify it, and refuse to pay the duties.
In Pennsylvania, it is both clearly Constitutional, and highly expe
dient ; and there the duties are to he paid. And yet, we live under
a government of uniform laws, and under a Constitution, too, which
contains an express provision, as it happens, that all duties shall
be equal in all the States. Does not this approach absurdity ?
If there be no power to settle such questions, independent of
either of the States, is not the whole Union a rope of sand ? Are
we not thrown back again, precisely, upon the old confederation .''
It is too plain to be argued. Four and twenty interpreters of
Constitutional law, each with a power to decide for itself, and
none with authority to bind any body else, and this Constitutional
law the only bond of their union ! What is such a state of things,
but a mere connection, during pleasure, or, to use the phraseology
of the times, during feeling ? And that feeling, too, not the feel
ing of the people, who established the Constitution, but the feel
ing of the State governments.
In another of the South Carolina addresses, having premised
that the crisis requires " all the concentrated energy of passion,"
an attitude of open resistance to the laAvs of the Union is advised.
Open resistance to the laws, then, is the Constitutional remedy,
the conservative power of the State, which the South Carolina
doctrines teach for the redress of political evils, real or imagina
ry. And its authors further say, that appeajing with confidence
to the Constitution itself, to justify their opinions, they cannot
consent to try their accuracy by the courts of justice. In one
sense, indeed, sir, this is assuming an attitude of open resistance
in favor of liberty. But what sort of liberty ? The liberty of
establishing their own opinions, in defiance of the opinions of all
others ; the liberty of judging and of deciding exclusively them
selves, in a matter in which others have as much right to judge
and decide as they ; the liberty of placing their own opinions

APPENDIX. 449
above the judgment of all others, above fhe laws, and above the
Constitution. This is their liberty, and this is the fair result of
the proposition contended for by the honorable gentleman. Or
it may be more properly said, it is identical with it, rather than
a result from it.
In the same publication we find the following : " Previously to
our Revolution, when the arm of oppression was stretched over
New England, where did our northern brethren meet with a
braver sympathy than that which sprung from the bosoms of Car
olinians ? We had no extortion, no oppression, no collision with the
king's ministers, no navigation interests springing up in envious
rivalry of England."
This seems extraordinary language. South Carolina no col
lision with the king's ministers, in 1775 ! No extortion ! No
oppression ! But sir, it is, also, most significant language,
Does any man doubt the purpose for which it was penned ? Can
any one fail to see that it vvas designed to raise in the reader's
mind the question, whether at this time, that is to say, in 1828,
South Carolina has any collision with the king's ministers, any
oppression, or extortion to fear from England ? Whether, in
short, England is not as naturally the friend of South Carolina,
as New England, with her navigation interests springing up in
envious rivalry of England ?
Is if not strange, sir, that an intelligent man, in South Carolina,
in 182S, should thus labor to prove, that in 1775, there was no
hostility, no cause of war between South Carolina and England ?
That she had no occasion, in reference to her own interest, or
from a regard to her own welfare, to take up arms in the revo
lutionary contest ? Can any one account for the expression of
such strange sentiments, and their circulation through the State,
otherwise than by supposing the object to be, what I have already
intimated, to raise the question, if they had no " collision" (mark
the expression) with the ministers of King George the Third, in
1775, what collision have they, in 1828, with the ministers of
King George the Fourth ? What is there now, in the existing
state of things, to separate Carolina from Old, more, or rather,
than from New England ?
Resolutions, sir, have been recently passed by the legislature
of South Carolina, I need not refer to them : they go no further
than the honorable gentleman himself has gone, and I hope not
so far. I content myself, therefore, with debating the matter
with him.
And now, sir, what I have first to say on this subject is, that
at no time, and under no circumstances, has New England or any
State in New England, or any respectable body of persons in New
England, or any public man of standing in New England, put
forth such a doctrine as this Carolina doctrine.
The gentleman has found no case, he can find none, to sup
port his own opinions by New England authority. New England
67

450

APPENDIX.

has studied the Constitution in other schools, and under other
teachers. She looks upon it with other regards, and deems more
highly and reverently, both of its just authority, and its utility
and exceUence. The history of her legislative proceedings may
be traced — the ephemeral effusions of temporary bodies, called
together by the excitement of the occasion, may be hunted up —
they have been hunted up. The opinions and votes of her public
men, in and out of Congress, may be explored — it will all be in
vain. The Carolina doctrine can derive from her neither coun
tenance nor support. She rejects it now ; she always did reject
it ; and till she loses her senses, she always will reject it. The
honorable member has referred to expressions on the subject of
the embargo law, made in this place by an honorable and vener
able gentleman [Mr. Hillhouse] now favoring us with his pres
ence. He quotes that distinguished Senator as saying, that, in
his judgment, the embargo law was unconstitutional, and that,
therefore in his opinion, the people were not bound to obey it.
That, sir, is perfectly Constitutional language. An unconstitu
tional law is not binding ; hut then it does not rest luith a resolun
tion, or a law of a State legislature, to decide whether an act of
Congress be, or be not Constitutional. An unconstitutional act of
Congress would not bind the people of this district, although they
have no legislature to interfere in their behalf; and, on the other
hand, a constitutional law of Congress does bind the citizens of
every State, although all their legislatures should undertake to
annul it, by act or resolution. The venerable Connecticut Sen
ator is a constitutional lawyer, of sound principles, and enlarged
knowledge ; a statesman, practised and experienced, bred in the
company of Washington, and holding just views upon the nature
of our governments. He believed the embargo unconstitutional,
and so did others ; but what then ,? Who, did he suppose, was
to decide that question ? The State legislatures ? Certainly
not. No such sentiment ever escaped his lips. Let us follow
up, sir, this New England opposition to the embargo laws ; let
us trace it tiU we discern the principle which controlled and gov
erned New England, throughout the whole course of that oppo
sition. We shall then see what similarity there is between the
New England school of constitutional opinions, and this modern
Carohna school. The gentleman, 1 think, read a petition from
some single individual, addressed to the legislature of Massa
chusetts, asserting the Carolina doctrine ; that is, the right of
State interference to arrest the laws of the Union. The fate of
that petition shows the sentiment of the legislature. It met no
favor. The opinions of Massachusetts were otherwise. They
had been expressed in 1798, in answer to the resolutions ofVir
ginia, and she did not depart from them, nor bend them to the
times. Misgoverned, wronged, oppressed, as she feh herself to
be, she still held fast her integrity to the Union, The gentle
man may find, in her proceedings, much evidence of dissatis&c-

APPENDIX. 451
lion with the measures of the government, and great and deep
dislike to the embargo; all this makes the case so touch the
stronger for her: for, notwithstanding all this dissatisfaction and
dislike, she claimed no right, still, to sever asunder the bonds of
union. There was heat, and there was anger, in her political
feeling — be it so — her heat or her anger did not nevertheless,
betray her into infidelity to the government. The gentleman
labors to prove that she disliked the embargo, as much as South
Carolina dislikes the tariff, and expressed her dislike as strongly.
Be it so; but did she propose the Carolina remedy ? — did she
threaten to interfere, by State authority, to annul the laws of the
Union ? That is the question for the gentleman's considera
tion. No doubt, sir, a great majority ef the people of New Eng
land conscientiously believed the embargo law of 1807 unconstitu
tional; as conscientiously, certainly, as the people of South Car
olina, hold that opinion of the tariff. They reasoned thus:
Congress has power to regulate commerce ; but here is a law,
they said, stopping all commerce, and stopping it indefinitely.
The law is perpetual; that is, it is not limited in point of lime,
and must, of course, continue until it, shall be repealed by some
other law. It is as perpetual, therefore, as the law against trea
son or murder. Now, is this regulating commerce, or destroy
ing it? Is it guiding, controlling, giving the rule to commerce,
as a subsisting thing ; or is it putting an end to it altogether ?
Nothing is more certain, than that a majority in New England
deemed this laAV a violation of the Constitution, The very case
required by the gentleman, to justify State interference, had
then arisen, Massachusetts believed this law to be " a deliber
ate, palpable, and dangerous exercise of a power, not granted by
the Constitution. Deliberate it was, for it was long continued;
palpable she thought it, as no words in the Constitution gaye the
power, and only a construction, in her opinion most violent,
raised it; dangerous it was, since it threatened utter ruin to her
most important interest. Here, then, was a Carolina case.
How did Massachusetts deal with it? It was, as she thought, a
plain, manifest, palpable violation of the Constitution; and it
brought ruin to her doors. Thousands of families, and hundreds
of thousands of individuals, were beggared by it. While she
saw and felt all this, she saw and felt also, that as a measure of
national policy, it was perfectly futile; that the country was no
way 'benefited by that which caused so much individual distress;
that it was efficient only for the production of evil, and all that
evil inflicted on ourselves. In such a case, under such circum
stances, how did Massachusetts demean herself? Sir, she remon
strated, she memorialized, she addressed herself to the general
government, not exactly " with the concentrated energy of pas
sion," but with her own strong sense, and the energy of sober
conviction. But she did not interpose th^ arm of her own power

452

APPENDIX.

to arrest the law, and break the embargo. Far from it. Her
principles bound her to two things; and she followed her prin
ciples, lead where they might. First, to submit to every consti
tutional law of Congress, and, secondly, if the constitutional
validity of the law be doubted, to refer that question to the de
cision of the proper tribunals. The first principle is vain and
ineffectual without the second. A majority of us in New Eng
land believed the embargo law unconstitutional; but the great
question was, and always wifl be, in such cases, who is to decide
this? Who is to judge between the people and the government?
And, sir, it is quite plain, that the Constitution of the United
States confers on the government itself, to be exercised by its
appropriate department, and under its own responsibility to the
people, this power of deciding ukimately and conclusively, upon
the just extent of its own authority. If this had not been done,
we should not have advanced a single step beyond the old con
federation. Being fully of opinion that the embargo law was uncoiistitu-
tional, the people of New England were yet equally clear in the
opinion — it was a matter they did doubt upon — that the question,
after all, must be decided by the judicial tribunals of the United
States, Before those tribunals, therefore, they brought the
question. Under the provisions of the law, they had given
bonds, to millions in amount, and which were alleged to be for
feited. They suffered the bonds to be sued, and thus raised the
question. In the old-fashioned way of settling disputes, they
went to law. The case came to hearing, and solemn argument;
and he who espoused their cause, and stood up for them against
the validity of the embargo act, was none other than that great
man of whom the gentleman has made honorable mention, Sam
uel Dexter, He was then, sir, in the fullness of his knowledge,
and the maturity of his strength. He had retired frorn long and
distinguished public service here, to the renewed pursuit of pro
fessional duties; carrying with him all that enlargement and ex
pansion, all the new strength and force, which an acquaintance
with the more general subjects discussed in the national councils,
is capable of adding to professional attainment, in a mind of true
greatness and comprehension. He was a lawyer, and he was
also a statesman. He had studied the Constitution, when he
filled pubhc station, that he might defend it; he had examined its
principles, that he might maintain them. More than all men, or
at least as much as any man, he was attached to the general
government and to the union of the States. His feelings and
opinions all ran in that direction, A question of constitutional
law, too, was, of all subjects, that one which was best suited to
his talents and learning. Aloof from technicality, and unfettered
by artificial rules, such a question gave opportunity for that deep
and clear analysis, that mighty grasp of principle, which so
much distinguished his higher efforts. His very statement was

APPENDIX. 453
argument; his inference seemed demonstration. The earnest
ness of his own conviction, wrought conviction in others. One
was convinced, and believed, and assented, because it was grat
ifying, delightful to think, and feel, and believe, in unison with
an intellect of such evident superiority.
Mr. Dexter, sir, such as I have described him, argued the
New England cause. He put into his eftbrt his whole heart, as
well as all the powers of his understanding: for he had avowed,
in the most public manner, his entire concurrence with his
neighbors, on the point in dispute. He argued the cause; it
was lost, and New England submitted. The estabhshed tribu
nals pronounced the law constitutional, and New England ac
quiesced. Now, sir, is not this the exact opposite of the doc
trine of the gentleman from South Carolina? According to him,
instead of referring to the Judicial tribunals, we should have
broken up the embargo, by laws of our own: we should have
repealed it, quoad New England; for we had a strong, palpable,
and oppressive case. Sir, we believe the embargo unconstitu
tional; but still, that was matter of opinion, and who was to
decide it? We thought it a clear case; but, nevertheless, we
did not take the law into our own hands, because we did not wish
to bring about a revolution, nor to break up the Union : for I
maintain, that, between submission to the decision of the con
stituted tribunals, and revolution, or disunion, there is no middle
ground — there is no ambiguous condition, half allegiance, and
half rebellion. And, sir, how futile, how very futile, it is, to
admit the right of State interference, and then attempt to save it
from the character of unlawful resistance, by adding terms of
qualification to the causes and occasions, leaving all these quali
fications, like the case itself, in the discretion of the State gov
ernments. It must be a clear case, it is said; a deliberate case;
a palpable case; a dangerous case. But then the State is still
left at liberty to decide for herself, what is clear, what is deUb
erate, what is palpable, what is dangerous. Do adjectives and
epithets avail any thing ? Sir, the human mind is so constituted,
that the merits of both sides of a controversy appear very clear
and very palpable, to those who respectively espouse them; and
both sides usually grow clearer, as the controversy advances.
South Carolina sees unconstitutionality in the tariff; she sees
oppression there, also; and she sees danger. Pennsylvania,
with a vision not less sharp, looks at the same tariff, and sees no
such thing in it — she sees it all constitutional, all useful, all safe.
The faith oP South Carolina is strengthened by opposition, and
she now not only sees, but Resolves, that the tariff is palpably
unconstitutional, oppressive, and dangerous: but Pennsylvania,
not to be behind her neighbors, and equally willing to strengthen
her own faith by a confident asseveration, Resolves, also, and
gives to every warm affirmative of South Carolina, a plain down
right, Pennsylvania negative. South Carolina, to show the

454 APPENDIX.
strength and unity of her opinion, brings her assembly to a una
nimity, within seven voices; Pennsylvania, not to be outdone in
this respect more than others, reduces her dissentient fraction to
a single vote. Now, sir, again I ask the gentleman, what is to
be done? Are these States both right? Is he bound to con-
siderfjthem both right ? If not, which is in the wrong ? or rather,
which has the best right to decide? And if he, and ifl, are not
to know what the Constitution means, and what it is, till those
two State legislatures, and the twenty-two others, shall agree in
its construction, what have we sworn to, when we have sworn
to maintain it? 1 was forcibly struck with one reflection, as the
gentleman [Mr. Hayne] went on in his speech. He quoted Mr,
Madison's resolutions to prove that a State may interfere, in a
case of deliberate, palpable, and dangerous exercise of a power
not granted. The honorable member supposes the tariff law to
be such an exercise of power; and that, consequently, a case
has arisen in which the State may, if it see fit, intei-lisre by its
own law. Now it so happens, nevertheless, that Mr, Madison
himself deems this same tariff law quite constitutional. Instead
of a clear and palpable violation, it is, in his judgment, no viola
tion at all. So that while they use his authority for a hypothet
ical case, they reject it in the very case before them. All this,
sir, shows the inherent — futility — I had almost used a stronger
word — of conceding this power of interference to the States, and
then attempting to secure it from abuse by imposing qualifica
tions, of which the States themselves are to judge. One of two
things is true; either the laws of the Union are beyond the dis
cretion, and beyond the control of the State; or else we have no
Constitution of general government, and thrust back again to
the days of the confederacy.
Let me here say, sir, that if the gentleman's doctrine had been
received and acted upon in New England, in the times of the
embargo and non-intercourse, we should probably not now have
been here. The government would, very likely, have gone to
pieces, and crumbled into dust. No stronger case can ever arise
than e.xisted under those laws; no States can ever entertain a
clearer conviction than the New England States then enter
tained; and if they had been under the influence of that heresy
of opinion, as 1 must call it, which the honorable member
espouses, this Union would, in all probability, have been scat
tered to the four winds, I ask the gentleman, therefore, to apply
his principles to that case; I ask him to come forth and declare,
whether, in his opinion, the New England States would have
been justified in interfering to break up the embargo system,
under the conscientious opinions which they held upon it? Had
they a right to annul that law? Does he admit or deny? If that
which is thought palpably unconstitutional in South Carohna,
justifies that State in arresting the progress of the law, tell me,
whether that which was thought palpably Hnconstitutional also

APPENDIX. 455
in Massachusetts, would have justified her in doing the same
thing? Sir, 1 deny the whole doctrine. It has not a foot of
ground in the Constitution to stand on. No public man of rep-
utat.c n ever advanced it in MassachuseUs, in the warmest times,
or c uld maintain himself upon it there at any time,
I wish now, sir, to make a remark upon the Virginia resolu
tions of 1798. I cannot undertake to say how these resolutions
were understood by those who passed them. Their language is not
a little indefinite. In the case of the exercise, by Congress, of a
dangerous power, not granted to them, the resolutioris assert the
right, on the part of the State to interfere, and arrest tne pro
gress of the evil. This is susceptible of more than one interpre
tation. It may mean no more than that the States may interfere,
by complaint and remonsfrahce, or by proposing to the people
an alteration of the federal Constitution. This would be all
quite unobjectionable ; or, it may be, that no more is meant
than to assert the general right of revolution, as against all gov
ernments, in cases of intolerable oppression. This no one
doubts, and this, in my opinion, is all that he who framed the
resolutions could have meant by it ; for I shall not readily be
lieve, that he was ever of opinion that a State, under the
Constitution, and in conformity Avith it, could, upon the ground
of her own opinion of its unconstitutionality, however clear and
palpable she might think the case, annul a law of Congress, so
far as it should operate on herself, by her own legislative
power. I must now beg to ask, sir, whence is this supposed right of
the States derived .'' — where do they find the power to interfere
with the laws of the Union ? Sir, the opinion which the honors
able gentleman maintains, is a notion, founded in a total misap
prehension, in my judgment, of the origin of this government,
and of the foundation on which it stands. 1 hold it to be a pop
ular government, erected by the people ; those vi'ho administer
it, responsible to the people ; and itself capable of being
amended and modified, just as the people may choose it should
be. It is as popular, just as truly emanating from the people,
as the State govermnents. It is created for one purpose ; the
state governments for another. It has its own powers, they
have theirs. There is no more authority with them to arrest the
operation of a law of Congress, than with Congress to arrest
the operation of their laws. We are here to administer a Con
stitution emanating imniediately from the people, and trusted,
by them, to our administration. It is not the creature of the
State governments. It is of no moment to the argument, that
certain acts of the State legislatures are necessary to fill our seats
in this body. That is not one of their original State powers, a
part of the sovereignty of the State. It is a duty which the peo
ple, by the Constitution itself, have imposed on the Stafe legis
latures ; and which they might have left to be performed else-

456 APPENDIX.
where, if they had seen fit. So they have loft the choice of
President with electors ; but all this does not affect the propo
sition, that this whole government, President, Senate, and House
of Representatives, is a popular government. It leaves it still
all its popular character. The Governor of a State, (in some of
the States,) is chosen, not directly by the people, but by those
who are chosen by the people, for the purpose of performing,
among other duties, that of electing a Governor. Is the gov
ernment of a State, on that account, not a popular government ?
This government, sir, is the independent offspring of the popular
will. It is not the creature of State legislatures ; nay, more, if
the whole truth must be told, the people brought it into exist
ence, estabUshed it, and have hitherto supported it, for the very
purpose, amongst others, of imposing certain salutary restraints
on State sovereignties. The States cannot now make war ;
they cannot contract alliances ; they cannot make, each for it
self, separate regulations of commerce; they cannot lay imposts;
they cannot coin money. If this Constitution, sir, be the crea
ture of State legislatures, it must be admitted that it has ob
tained a strange control over the volitions of its creators.
The people, then, sir, erected this government. They gave
it a Constitution, and in that Constitution they have enumerated
the powers which they bestow on it. They have made it a lim
ited government. They have defined its aHthority. They have
restrained it to the exercise of such powers as are granted ; and
all others, they declare, are reserved to the States or the people.
But, sir, they have not stopped here. If they had, they would
have accomplished but halt their work. No definition can be so
clear, as to avoid possibility of doubt ; no limitation so precise,
as to exclude all uncertainty. Who, then, shall construe this
grant of the people ? Who shall interpret their wUl, where it
may be supposed they have left it doubtful ? With whom do
they repose this ultimate right of deciding on the powers of the
government ? Sir, they have settled all this in the fullest man
ner. They have left it, with the government itself, in its ap
propriate branches. Sir, the very chief end, the main design,
for which the whole Constitution was framed and adopted, was
to establish a government that should not be obhged to act
through State agency, depend on State opinion, and State
discretion. * * *
But who shaU decide on the question of interference ? To
whom lies the last appeal ? This, sir, the Constitution itself de
cides, also, by declaring, " that the judicial power shall ex
tend to all cases arising under the Constitution and laws of the
United States." These two provisions, sir, cover the whole
ground. They are, in truth, the keystone of the arch. With
these, it is a Constitution ; without them, it is a confederacy.
In pursuance of these clear and express provisions. Congress
established, at its very first session, in the judicial act, a mode

APPENDIX.

457

for carrying them into fuU effect, and for bringing all questions
of constitutional power to the final decision of the Supreme
Court. It then, sir, became a government. It then had the
means of self-protection ; and, but for this, it would, in all prob
ability, have been now among things which are past. Having
constituted the government, and declared its powers, the people
have further said, that since somebody must decide on the ex
tent of these powers, the government shall itself decide ; subject,
always, like other popular governments, to its responsibiUty to
the people. And now, sir, I repeat, how is it that a State legis
lature acquires any power to interfere ? Who, or what, gives
them the right to say to the people, " We, who are your agents
and servants for one purpose, will undertake to decide, that
your other agents and servants, appointed by you for another
purpose, have transcended the authority you gave them ! " The
reply would be, I think, not impertinent— " Who made you a
judge over another's servants ? To their own masters they
stand or fall."
Sir, I deny this power of State legislatures altogether. It
cannot stand the test of examination. Gentlemen may say, that,
in an extreme case, a State government might protect the people
from intolerable oppression. Sir, in such a case, the people
might protect themselves, without the aid of the State govern
ments. Such a case warrants revolution. It must make, when
it comes, a law for itself. A nullifying act of a State legislature
cannot alter the case, nor make resistance any more lawful.
In maintaining these sentiments, sir, I am but asserting the
rights of the people. I state what they have declared, and insist
on their right to declare it. They have chosen to repose this
power in the general government, and I think it my duty to
support it, like other constitutional powers.
For myself, sir, I do not admit the jurisdiction of South Caro
lina, or any other State, to prescribe my constitutional duty, or
to settle, between me and the people, the validity of laws of
Congress, for which I have voted, I decline her umpirage, I
have not sworn to support the Constitution according to her con
struction of its clauses. I have not stipulated, by my oath of
office, or otherwise, to come under any responsibility, except to
the people, and those whom they have appointed to pass upon the
question, Avhether laws, supported by my votes, conform to the
Constitution of the country. And, sir, if we look to the general
nature of the case, could any thing have been more preposterous,
than to make a government for the whole Union, and, yet leave
its powers subject, not to one interpretation, but to thirteen, or
twenty-four, interpretations ? Instead of one tribunal, established
by all, responsible to all, with power to decide for all — shall con
stitutional questions be left to four-and-twenty popular bodies,
each at liberty to decide for itself, and none bound to respect the
decisions of others; and each at liberty, too, to give a new con-
58

458 APPENDIX.
struction on every new election of its own members? Would
any thing, with such a principle in it, or rather with such a des
titution of all principle, be fit to be called a government? No,
sir. It should not be denominated a Constitution. It should be
called, rather, a collection of topics, for everlasting controversy;
heads of debate for a di.sputatious people. It would not be a
government. It would not be adequate to any practical good,
nor fit for any country to live under. To avoid all possibility of
being misunderstood, allow me to repeat again, in the fullest
manner, that I claim no powers for the governuKmt by forced or
unfair construction. 1 admit, that it is a government of strictly
limited powers; of enumerated, specified, and particularised
powers; and that whatsoever is not granted, is withheld. But
notwithstanding all this, and however the grant of powers may
be expressed, its limits and extent may yet, in some cases, admit
of doubt; and the general government would be good for nothing,
it would be incapable of long existing, if some mode had not
been provided, in which these doubts, as they should arise, inight
be peaceably, but authoritatively, solved. * * *
Let it be remembered, that the Constitution of the United
States is not unalterable. It is to continue in its present form
no longer than the people, who established it, shall choose to
continue it. If they shall become convinced that they have made
an injudicious or inexpedient partition and distribution of pow
er, between the State governments and the general government,
they can alter that distribution at will.
If any thing be found in the national Constitution, either by
original provision, or subsequent interpretation, which ought not
to be in it, the people know how to get rid of it. , If any con
struction be established, unacceptable to them, so as to become,
practically, a part of the Constitution, they will amend it at their
own sovereign pleasure. But while the people choose to main
tain it as it is; while they are satisfied with it, and refuse to
change it; who has given, or who can give, to the State legisla
tures a right to aher it, either by interference, construction, or
otherwise? Gentlemen do not seem to recollect that the people
have any power to do any thing for themselves: they imagine
there is no safety for them, any longer than they are under the
close guardianship of the State legislatures. Sir, the people have
not trusted their safety, in regard to the general constitution, to
these hands. They have required other security, and taken other
bonds. They have chosen to trust themselves, first, to the plain
words of the instrument, and to such construction as the govern
ment itself, in doubtful cases, should put on its own powers, under
their oaths of ofiioe, and subject to their responsibility to them;
just as the people of a State trusts their own State governments
with a similar power. Secondly, they have reposed their trust
in the efficacy of frequent elections, and in their own power to
remove their own servants and agents, whenever they see cause.

APPENDIX. 459
Thirdly, they have reposed trust in the judicial power, which, in
order that it might be trust worthy, they have made as respect
able, as disinterested, and as independent as was practicable,—
Fourthly, they have seen fit to rely, in case of necessity, or high
expediency, on their known and admitted power to alter or amend
the Constitution, peaceably and quietly, whenever experience
shall point out defects or imperlcctions. And, finally, the people
of the United States have, at no time, in no way, directly or in
directly, authorized any State legislature to construe or interpret
their high instrument of government : much less to interfere, by
their own power, lo arrest its course and operation.

Mr, H.iA-NE. The proposition which I laid down, and from
which the gentleman dissents, is taken from the Virginia resolu
tions of '9b, and is in these words, " that in case of a deUberate,
palpable, and dangerous exercise by the federal government of
powers not granted by the compact, [the Constitution,] the States
who are parties tiiereto, have a right to interpose, for arresting
the progress of the evil, and for maintaining within their re
spective limits the authorities, rights, and liberties, appertaining
to them." The gentleman insists that the States have no right
to decide whether the Constitution has been violated by acts of
Congress or not — but that the federal government is the exclusive
judge of the extent of its own powers ; and that in case of a viola
tion of the Constitution, however " deliberate, palpable, and
dangerous," a State has no constitutional redress, except where
the matter can be brought before the Supreme Court, whose de
cision must be final and conclusive on the subject. Having
thus distinctly stated the points in dispute between the gentle
man and myself, I proceed to examine them. And here it will
be necessary to go back to the origin of the federal government.
It cannot be doubted, and is not denied, that before the Consti
tution, each State was an independent sovereignty, possessing
all the rights and powers appertaining to independent nations;
nor can it be denied, that, after the Constitution was formed,
they remained equally sovereign and independent, as to all
powers not expressly delegated to the federal government. This
would have been the case even if no positive provision fo that
effect had been inserted in that instrument. But to remove all
doubt it is expressly declared, by the 10th article of the amend
ment of the Constitution, "that the powers not delegated to the
States, by the Constitution, nor prohibited by it to the States,
are reserved to the States respectively, or to the people." The
true nature of the federal Constitution, therefore, is, (in the lan
guage of Mr, Madison,) " a compact to which the States are
parties," a compact by which each State, acting in its sovereign
capacity, has entered into an agreement with the other States,
by which they have consented that certain designated powers

460 APPENDIX.
shaU be exercised by the United States, in the manner prescribed
in the instrument. Nothing can be clearer than that, under
such a system, the federal government, exercising strictly dele
gated powers, can have no right to act beyond the pale of its
authority, and that all such acts are void. A State, on the con
trary, retaining all powers not expressly given away, may law
fully act in all cases where she has not voluntarily imposed re
strictions on herself. Here then is a case of a compact between
sovereigns, and the question arises, what is the remedy for a
clear violation of its express terms by one of the parties ? And
here the plain obvious dictate of common sense, is in strict con
formity with the understanding of mankind, and the practice of
nations in all analogous cases — " that where resort can be had
to no common superior, the parties to the, compact must, them
selves, be the rightful judges whether the bargain has been pur
sued or violated." (Aladison's Report, p. 20.) When it is
insisted by the gentleman that one of the parties " has the power
of deciding ultimately and conclusively upon the extent of its
own authority," I ask for the grant of such a power. I call
upon the gentleman to show it to me in the Constitution, It is
not to be found there.
But if there be no common superior, it results from the very
nature of things, that the parties ?nust be their own judges. This
is admitted to be the case where treaties are formed between
independent nations, and if the same rule does not apply to the
federal compact, it must be because the federal is superior to
the State government, or because the States have surrendered
their sovereignty. Neither branch of this proposition can be
maintained for a moment.
Here, however, we are met by the argument that the Consti
tution was not formed by thc States, in their sovereign capacity,
but by the people, and it is therefore inferred that the federal
government, being created by all the people, must be supreme;
and though it is not contended that the Constitution may be
rightfully violated, yet it is insisted that from the decisions of the
federal government there can be no appeal,
I deny that the Constitution was framed by the people in the
sense in which that word is used on the other side, and insist
that it was framed by the States acting in their sovereign capa
city. When, in the preamble of the Constitution, we find the
words, "we, the people of the United States," it is clear, they
can only relate to the people as citizens of the several States,
because the federal government was not then in existence.
We accordingly find, in every part of that instrument, that
the people are always spoken of in that sense. Thus, in the
second section of the first article, it is declared, "That the
House of Representatives shall be composed of members chosen
every second year, by the people of the several States," To
show that, in entering into this compact, the States acted ia their

APPENDIX. 461
sovereign capacity, and not merely as parts of one great com
munity, what can be more conclusive than the historical fact,
that, when every State had consented to it except one, she was
not held to be bound, A majority of the people in any State
bound that State, but nine-tenths of all the people of the United
States could not bind the people of Rhode Island, until Rhode
Island, as a State, had consented to the compact.
I am not disposed to dwell longer on this point, which does
appear to my mind to be too clear to admit of controversy. But
I will quote from Mr. Madison's report, which goes the whole
length in support of the doctrines for which I have contended.
Having now established the position that the Constitution was
a compact between sovereign and independent States, having no
common superior, " « follows of necessity," (to borrow the lan
guage of Mr, Madison,) " that there can be no tribunal above
their authority to decide in the last resort, whether the compact
made by them be violated; and consequently, that, as the parties
to it, they must themselves decide, in the last resort, such ques
tions as may be of sufficient magnitude to require their interpo
sition," But the gentleman insists that the tribunal provided by the
Constitution, for the decision of controversies between the States
and the federal government, is the Supreme Court,
It is clear that questions of sovereignty are not the proper
subjects oi judicial investigation. They are much too large, and
of too delicate a nature, to be brought within the jurisdiction of
a court of justice. Courts, whether supreme or subordinate, are
the mere creatures of the sovereign power, designed to ex
pound and carry into effect its sovereign will. No independent
State ever yet submitted to a judge on the bench the true con
struction of a compact between itself and another sovereign.
All courts may incidentally take cognizance of treaties, where
rights are claimed under them, but who ever heard of a court
making an inquiry into the authority of the agents of the high
contracting parties to make the treaty — whether its terms had
been fulfilled, or whether it had become void, on account of a
breach of its conditions on either side? All these are political,
and not judicial questions. Some reliance has been placed on
those provisions of the Constitution which constitute " one Su
preme Court," which provide, " that the judicial power shall
extend to all cases in law and equity arising under this Consti
tution, the laws of the United States and treaties," and which
declare "that the Constitution, and the laws of the United
States, which shall be made in pursuance thereof, and all treaties,
&c,, shall be the supreme law of the land," &c. Now, as to the
name of the Supreme Court, it is clear that the term has relation
only to its supremacy over the inferior courts provided for by
the Constitution, and has no reference whatever to any suprem
acy over the sovereign States. The words are, " the judicial

462

APPENDIX.

power of the United States shall be vested in one Supreme Court,
and such inferior courts as Congress may, from time to time,
establish," Stc, Though jurisdiction is given " in cases arising
under the Constitution," yet it is expressly limited to " cases in
law and equity," showing conclusively that this jurisdiction was
incidental merely to the ordinary administration of justice, and
not intended to touch high questions of conflicting sovereignty.
When it is declared that the Constitution and the laws of the
United States, " made in pursuance thereof, shall be the supreme
law of the land," it is manifest that no indication is given either
as to the power of the Supreme Court, to bind the States by its
decisions, nor as to the course to be pursued in the event of laws
being passed not in pursuance of the Constitution. And I beg
leave to call gentlemen's attention to the striking fact, that the
powers of the Supreme Court in relation to questions arising
under " the laws and the Constitution," are co-extensive with
those arising under treaties. In all of these cases the powei' is
limited to questions arising in law and equity, that is to say, to
cases where jurisdiction is incidentally acquired in the ordinary
.-administration of justice. But as, with regard to treaties, the
Supreme Court has never assumed jurisdiction over questions
arising between the sovereigns who are parties to it; so under
the Constitution, they cannot assume jurisdiction over questions
arising between the individual States and the United States,
But to prove, as I think conclusively, that the judiciary were
not designed to act as umpires, it is only necessary to observe,
that, in a great majority of cases, that court could manifestly
not take jurisdiction of the matters in dispute. Whenever it
may be designed by the federal government to commit a viola
tion of the Constitution, it can be done, and always will be done
in such a manner as to deprive the court of all jurisdiction over
the subject. Take the case of the tariff and internal improve
ments, whether constitutional or unconstitutional, it is admitted
that the Supreme Court have no jurisdiction. Suppose Con
gress should, for the acknowledged purpose of making an equal
distribution of the property of the country, among States or indi
viduals, proceed to lay taxes to the amount of $50,000,000 a
year. Could the Supreme Court take cognizance of the act
laying the tax, or making the distribution? Certainly not.
Take another case which is very likely to occur. Congress
have the unlimited power of taxation. Suppose them also to
assume an unlimited power of appropriation. Appropriations of
money are made to establish presses, promote education, build
and support churches, create an order of nobility, or for any
other unconstitutional object; it is manifest that, in none of these
cases, could the constitutionality of the laws making those grants
be tested before the Supreme Court. It would be in vain, that
a State should come before the judges with an act appropriating
money to any of these objects, and ask of the court to decide

APPENDIX. 4g3
whether these grants were constitutional. They could not even
be heard; the court would say they had nothing to do with it;
and they would say rightly. It is idle, therefore, to talk of the
Supreme Court affording any security to the States, in cases
where their rights may be violated by the exercise of uncopsti-
tutional powers on the part of the federal government. On this
subject Mr, Madison, in his report, says: "But it is objected,
that the judicial authority is to be regarded as the sole expositer
of the Constitution in the last resort; and it may be asked, for
Avhat reason the declaration by the General Assembly, supposing
it to be theoretically true, could be required at the present day,
and in so solemn a manner,
" On this objection -it might be observed, first, that there may
be instances of usurped power, which the terms of the Constitu
tion would never draw within the control of the judicial depart
ment." But the proper answer to the objection is, that the resolution
of the General Assembly relates to those great and extraordinary
cases in which all the forms of the Constitution may prove inef
fectual against infractions dangerous to the essential rights of
the parties to it,
" However true, therefore, it may be, that the judicial depart
ment is, in all questions submitted to it by the forms of the Con
stitution, to decide in the last resort, this resort must necessarily
be deemed the last in relation to the authorities of the other de
partments of the government; not in relation to the rights of the
parties to the constitutional compact, from which the judicial as
well as the other departments, hold their delegated trusts. On
any other hypothesis, the delegation of judicial power would
annul the authority delegating it; and the concurrence of this
department with the others in usurped powers, might subvert for
ever, and beyond the possible reach of any rightfid remedy, the
very Constitution which all were instituted to preserve."
If, then, the Supreme Court are not, and, from their organiza
tion, cannot, be the umpires in questions of conflicting sover
eignty, the next point to be considered is, whether Congress
themselves possess the right of deciding conclusively on the ex
tent of their own powers. This, I know, is a popular notion,
and it is founded on the idea, that as aU the States are repre
sented here, nothing can prevail which is not in conformity with
the will of the majority — and it is supposed to be a republican
maxim, "that the majority must govern."
Now will any one contend that it is the true spirit of this gov
ernment, that- the ivill of a majority of Congress should, in all
cases, be the supreme law ? If no security was intended to be
provided for the rights of the States, and the liberty of the citi
zens, beyond the mere organization of the federal government,
we should have had no written Constitution, but Congress would
have been authorized to legislate for us, in all cases whatsoever;

464

APPENDIX,

and the acts of our State legislatures, like those of the present
legislative councils in the territories, would have been subjected
to the revision and control of Congress. If the will of a majority^
of Congress is to be the supreme law of the land, it is clear the
Constitution is a dead letter, and has uUerly failed of the very
object for which it was designed — the protection of the rights of
the minority. But when, by the very terms of the compact, strict
limitations are imposed on every branch of the federal govern
ment, and it is, moreover, expressly declared, that all powers,
not granted to them, " are reserved to the States or the people,"
with what show of reason can it be contended, that the federal
government is to be the exclusive judge of the extent of its own
powers? A written Constitution was resorted to in this country,
as a great experiment, for the purpose of ascertaining how far
the rights of a minority could be secured against the encroach
ments of majorities — often acting under party excitement, and
not unfrequently under the influence of strong interests. The
moment that Constitution was formed, the will of the majority
ceased to be the law, except in cases that should be acknowledged
by the parties to.it to be ivithinthe Constitution, and to have been
thereby submitted to their will. But when Congress (exercising
a delegated and strictly limited authority) pass beyond these
limits, their acts become null and void; and must be declared to
be so by the courts, in cases within their jurisdiction; and may
be pronounced to be so, by the States themselves, in cases not
within the jurisdiction of the ^courts, of sufficient importance to
justify such an inference.
But what then? asks the gentleman. A State is brought into
collision with the United States, in relation to the exercise of un
constitutional powers: who is to decide between them? Sir, it is
the common case of difference of opinion between sovereigns,'
as to the true construction of a compact. Does such a difference
of opinion necessarily produce war? No. And if not, among
rival nations, why should it do so among friendly States? In all
such cases, some mode must be devised by mutual agreement,
for settling the difficulty: and most happily for us, that mode is
clearly indicated in the Constitution itself, and results indeed
from the very form and structure of the government. The cre
ating power is three-fourths of the States. By their decision, the
parties to the compact have agreed to be bound, even to the ex
tent of changing the entire form of the government itself; and it
follows of necessity, that in case of a deliberate and settled dif
ference of opinion between the parties to the compact, as to the
extent of the powers of either, resort must be had to their com
mon superior — (that power which may give any character to the
Constitution they may think proper) — viz: three-fourths of the
States. But it has been asked, why not compel a State, objecting f o fhe
constitutionality of a law, to appeal to her sister States, by a

APPENDIX. 165
proposition to amend the Constitution ? I answer, because, such
a course would, in the first instance, admit the exercise of an
unconstitutional authority, which the States are not bound to
submit to, even for a day, and because if would be absurd to sup
pose that any redress would ever be obtained by such an appeal,
even if a State were at liberty to make it. If a majority of both
Houses of Congress should, from any motive, be induced delib
erately, to exercise "powers not granted," what prospect would
there be of " arresting the progress of the evil," by a vote of
three-fourths ? But the Constitution does not permit a minority
to submit to the people a proposition for an amendment of the
Constitution. Such a proposition can only come from "two-
thirds of the two Houses of Congress, or the legislatures of two-
thirds of the States." It will be seen therefore, at once, that a
minority, whose constitutional rights ai-e violated, can have no
redress by an amendment of the Constitution. When any State
is brought into direct collision with the federal government, in
the case of an attempt, by the latter, to exercise unconstitutional
powers, the appeal must be made by Congress, (the party pro
posing to exert the disputed power,) in order to have it expressly
conferred, and, until so conferred, the exercise of such authority
must be suspended. Even in cases of doubt, such an appeal is
due to the peace and harmony of the government. On this sub
ject our present chief magistrate, in his openmg message to Con
gress, says: " I regard an appeal to the source of power, in cases
of real doubt, and where its exercise is deemed indispensable to
the general welfare, as among the most sacred of all our obliga
tions. Upon this country, more than any other, has, in the prov
idence of God, been cast the special guardianship of the great
principle of adherence to written Constitutions. If it fail here,
all hope in regard to it will be extinguished. That this was in
tended to be a government of limited and specific, and not gen-
• eral powers, must be admitted by all; and it is our duty to pre
serve for it the character intended by its framers. The scheme
has worked well. It has exceeded the hopes of those who de
vised it, and become an object of admiration to the worid. Noth
ing is clearer, in my view, than that we are chiefly indebted for
the success of the Constitution under whjch we are now acting,
to the watchful and auxiliary operation of the State authorities.
This is not the reflection of a day, but belongs to the most deeply
rooted convictions of my mind, I cannot, therefore, too strongly
or too earnestly, for my own sense of its importance, warn you
against all encroachments upon the legitimate sphere of State
sovereignty. Sustained by its healthful and invigoratmg influ-^
ence, the federal system can never fad," • j . *t.
I have already shown, that it has been fully recogmzed by the
Virginia resolutions of '98, and by Mr, Madison's report on these
resolutions, that it is not only " the right, but the toy of the
States," to "judge of infractions of the Constitution, and "to
59

466 APPENDIX.
interpose for maintaining within their limits ihe authorities, rights,
and liberties, appertaining to them." ir ¦ i
Mr, Jefferson, on various occasions, expressed himself in lan
guage equally strong. In the Kentucky resolutions of '98, pre
pared by him, it is declared that the federal government " was
not made the exclusive and final judge of the extent of the pow
ers delegated to itself, since that would have made its discretion,
and not the Constitution, the measure of its powers, but that, as
in all other cases of compact among parties having no common
judge, each party has an equal right to judge for itself, as well
of infractions as the mode and measure of redress." ¦
In the Kentucky resolutions of '99, it is even more explicitly
declared, " that the several States which formed the Constitution,
being sovereign and independent, have the unquestionable right
to judge of its infraction, and that a nullification by those sover
eignties of all unauthorized acts done under color of that instru
ment, is <Ac rt^A</MZ remerfy,"
But the gentleman says, this right wifl be dangerous. Sir, I
insist, that of all the checks that have been provided by the Con
stitution, this is by far the safest, and the least liable to abuse.
But there is one point of view, in which this matter presents
itself to my mind with irresistible force. The Supreme Court, it
is admitted, may nullify an act of Congress, by declaring it to be
unconstitutional. Can Congress, after such a nullification, pro
ceed to enforce the law, even if they should differ in opinion from
the court? What then would be the effect of such a decision?
And what would be the remedy in such a case ? Congress would
be arrested in the exercise of the disputed poioer, and the only
remedy would be, an appeal to the creating power, three-fourths
of the States, for an amendment to the Constitution, And by
whom must such an appeal be made? It must be made by the
party proposing to exercise the disputed power. Now I will ask,
whether a sovereign State may not be safely entrusted with the
exercise of a power, operating merely as a check, which is ad
mitted to belong to the Supreme Court, and which may be exer
cised every day, by any three of its members. Sir, no ideas that
can be formed of arbitrary power on the one hand, and abject
dependence on the other, can be carried further, than to suppose,
that three individuals, mere men, " subject to like passions with
ourselves," may be safely entrusted with the power to nullify an
act of Congress, because they conceive it to be unconstitutional;
but that a sovereign and independent State, even the great State
of New York, is bound, implicitly, to subm'it to its operation,
even where it violates, in the grossest mannner, her own rights,
or the liberties of her citizens. But we do not contend that a
common case would justify the interposition.
This is " the extreme medicine of the State," and cannot be
come our daily bread.
Mr, Madison, in his report says, " it does not follow, however,
that because the States, as sovereign parties to their consfitu-

APPENDIX, 467
tional compact, must ultimately decide whether it has been vio
lated, that such a decision ought to be interposed, either in a
hasty manner, or on doubtful and inferior occasions,
" The resolution has, accordingly, guarded against any mis
apprehension of its object, by expressly requiring, for such an
interposition, ' the case of a deUberate, palpable, and dangerous
breach of the Constitution, by the e.xercise of powers not granted
by it.'
" But the resolution has done more than guard against mis
construction, by expressly referring to cases of a deliberate, pal
pable, and dangerous nature. It specifies the object of the inter
position which it contemplates to be solely that of arresting the
progress of the evil of usurpation, and of maintaining the author
ities, rights, and liberties appertaining to the States, as parties
to the Constitution,"
No one can read this, without perceiving that Mr, Madison
goes the whole length, in support of the principles for which I
have been contending.
The gentleman has called upon us to carry out our scheme
practically. Now, sir, if I am correct in my view of this matter,
then it follows, of course, that the right of a State being estab
lished, the federal government is bound to acquiesce in a solemn
decision of a State, acting in its sovereign capacity, at least so
far as to make an appeal to the people for an amendment of the
Constitution, This solemn decision of a State, (made either
through its legislature or a Convention, as may be supposed to
be the proper organ of its sovereign will — a point I do not pro
pose now to discuss,) binds the federal government under the
highest constitutional oblfgation, not to resort to any means of
coercion against the citizens of the dissenting State. How then
can any collision ensue between the federal and State govern
ments, unless, indeed, the former should determine to enforce
the law by unconstitutional means?
Sir, I will put the case home to the gentleman. Is there any
violation of the constitutional rights of the States, and the liber
ties of the citizens, (sanctioned by Congress and the Supreme
Court,) which he would believe it to be the right and duty of a
State to resist ? Does he contend for the doctrine " of passive
obedience and non-resistance ? Would he justify an open resist
ance to an Act of Congress sanctioned by the Courts, which
should abolish the trial by jury, or destroy the freedom of reli
gion or the freedom of the press? Yes, sir, he would advocate
resistance in such cases; and so would I, and so would all of
us But such resistance would, according to his doctrine, be
revolution: it would be rebelliou. According to my opinion it
would be just, legal, and constitutional resistance. The whole
difference between us, then, consists in this: the gentleman
would make force the only arbiter, in aU cases of collision be
tween the States and the federal government. I would resort to
% peaceful remedy— the interposition of the State to "arrest the

468 APPENDIX.
progress of the evil," until such times as " a convention, (as
sembled at the call of Congress or two-thirds of the several
States,) shall decide to which they mean to give an authority
claipied by two of their organs." Sir, I say with Mr, Jefferson,
(whose words I have here borrowed,) that "it is the peculiar
wisdom and feUcity of our Constitution, to have provided this
peaceable appeal, where that of other nations," (and I may add
that of the gentleman,) " is at once to force."
* * #
Mr. Webster (in some closing remarks said): A few words
on the constitutional argument, which the honorable gentleman
(Mr, Hayne) labored to reconstruct.
His argument consists of two propositions, and an inference.
His propositions are — 1. That the Constitution is a compact be
tween the States. 2. That a compact between two, with au
thority reserved to one to interpret its terms, would be a surrender
to that one, of all power whatever, 3, Therefore, (such is his
inference,) the General Government does not possess the author
ity to construe its own powers.
Now, sir, who does not see, without the aid of exposition or
detection, the utter confusion of ideas, involved in this, so elab
orate and systematic argument?
The Constitution, it is said, is a compact between States : the
States, then, and the States only, are parties to ihe compact. How
comes the general government itself a party? Upon the honor
able gentleman's hypothesis, the general government is the result
of the compact, the creatures of the compact, not one of the
parties to it. Yet the argument, as the gentleman has now stated
it, makes the government itself one of its own creators. It makes
it a party to that compact to which it owes its own existence.
For the purpose' of erecting the Constitution on the basis of a
compact, the gentleman considers the States as parties to that
compact; but as soon as his compact is made, then he chooses
to consider the general government, which is the offspring of that
compact, not its offspring, but one of its parties; and so, being
a party, has not the power of judging on the terms of compact.
If the whole of the gentleman's main proposition were con
ceded to him, that is to say — if I admit for the sake of the argu
ment, that the Constitution is a compact between States, the in
ferences, which he draws from that proposition, are warranted by
no just reason. Because, if the Constitution be a compact be
tween States, still, that Constitution, or that compact, has estab
lished a government, with certain powers; and whether it be
one of those powers, that it shall construe and interpret for itself,
the terms of the compact, in doubtful cases, can only be decided
by looking to the compact, and inquiring what provisions it con
tains on this point. Without any inconsistency with natural
reason, the government, even thus created, might be trusted
with this power of construction. The extent of its powers,
therefore, must still be sought for in the instrument itself

APPENDIX. 469
If the old confederation had contained a clause, declaring that
resolutions of the Congress should be the supreme law of the
land, any State law or Constitution to the contrary notwithstand
ing, and that a committee of Congress, or any other body created
by it, should possess judicial powers, extending to all cases arising
under resolutions of Congress; then the power of ultimate
decision would have been vested in Congress, under the confed- ,
eration, although that confederation was a compact between
States; and, for this plain resason: that it would have been com
petent to the States, who alone were parties to the compact, to
agree, who should decide, in cases of dispute arising on thfe con
struction of the compact.
For the same reason, sir, if I were now to concede to the
gentleman his principal propositions, viz: that the Constitution
is a compact between States, the qiiestion would still be, what
provision is made, in this compact, to settle points of disputed
construction, or contested power, that shall come into contro
versy ? and this question would still be answered, and conclusively
answered, by the Constitution itself While the gentleman is
contending against construction, he himself is setting up the most
loose and dangerous construction. The Constitution declares,
that the laws of Congress shall he the supreme law of the land. —
No construction is necessary here. It declares, also, with eqijal
plainness and precision, that the judicial power of the United
States shall extend to every case arising under the laws of Con
gress. This needs no construction. Here is a law, then, which
is declared to be supreme; and here is a power established, which
is to interpret that law. Now, sir, how has the gentlemen met
this? Suppose the Constitution to be a compact, yet here are its
terms and how does the gentleman get rid of them? He cannot
argue the seal off the bond, nor the words out of the instrument.
Here they are — what answer does he give to them? None in the
world, sir, except, that the effect of this would be to place the
States in a condition of inferiority; and because it results, from
fhe very nature of things, there being no superior, that the parties
must be their own judges. Thus closely and cogently does the
honorable gentleman reason on the words of the Constitution.
The gentleman says, if there be such a power of final decision
in the general government, he asks for the grant of that power.
Well, sir, I show him the grant— I turn him to the very words—
I show him that the laws of Congress are made supreme; and
that the judicial power extends, by express words, to the inter
pretation of these laws. Instead of answering this, he retreats
info the general reflection, that it must result from the nature of
things,tha.t the States, being the parties, must judge for themselves.
I have admitted, that, if the Constitution were to be considered
as the creature of the State Governments, it might be modified,
interpreted, or construed, according to their pleasure. But, even
in that case, it would be necessary that they should agree. One,.
alone, could not interpret it conclusively; one, alone, could not

470 APPENDIX.
construe it; one alone, could not modify it. Yet the gentleman's
doctrine is, that Carolina, alone, may construe and interpret that
compact which equally binds all, and gives equal rights to all.
So then, sir, even supposing the Constitution to be a compact
between the States, the gentleman's doctrine, nevertheless, is not
maintainable; because, first, the general government is not a
party to that compact, but a Government established by it, and
vested by it with the powers of trying and deciding doubtful
questions; and, secondly, because, if the Constitution be re
garded as a compact, not one State only, but all the States, are
parties to that compact, and one can have no right to fix upon it
her own peculiar construction.
So much, sir, for the argument, even if the premises of the
gentleman were granted, or could be proved. But, sir, the gen
tleman has failed to maintain his leading proposition. He has
not shown, it cannot be shown, that the Constitution is a compact
between State governments. The Constitution itself, in its very
front, refutes that proposition: it declares that it is ordained and
estabUshed by the People of the United States. So far from say
ing that it is established by the governments of the several States,
it does not even say that it is estabUshed by the People of the
several States : but it pronounces that it is estabUshed by the
People of the United States, in the aggregate. The gentleman
says, it must mean no more than that the People of the several
States, taken collectively, constitute the People of the United
States; be it so, but it is in this, their coUective capacity, it is as
all the People of the United States, that they establish the Con
stitution. So they declare; and words cannot be plainer than
the words used.
When the gentleman says, the Constitution is a compact be
tween the States, he uses language exactly applicable to the old
confederation. He speaks as if he were in Congress before 1789,
He describes fully that old state of things then existing. The
confederation was, in strictness, a compact; the States, as States,
were parties to it. We had no other general government. But
that was found insufficient, and inadequate to the public exigen
cies. The people were not satisfied with it, and undertook to
establish a better. They undertook to form a general govern
ment, which should stand on a new basis — not a confederacy^ not
a league, not a compact between States, but a Constitution : a
popular government, founded in popular election, directly respon
sible to the people themselves, and divided into branches, with
prescribed limits of power, and prescribed duties. They ordained
such a government: they gave it the name of a Constitution, and
therein they established a distribution of powers between this,
their general government, and their several State governments.
When they shall become dissatisfied with this distribution, they
can alter it. Their own power over their own instrument re
mains. But until they shall alter it, it must stand as their will, and
is equally binding on the general government and on the States.

INDEX.

ADAMS, JOHN Vice President, page 17,
his Speech when sworn into office, 17, 18,
in favor of Navy, 89, 95.
elected President in 1797, 91.
his_ policy and measures similar to Washington, 91.
his praise of Washington, 92,
in his presidency, difficulties with France, 93, 105.
his efforts to maintain peace with France, 94.
his missions to France, 96, 98,
his policy towards France in 1798, 98, 103, 105.
' approved by Congress, 108, 113,
his last annual address to Congress, 114.
his administration closed proeperousl)', 114, 115.
his death noticed, 331,
ADAMS, JOHN Q. chosen President, 305,
elected by House of Representatives, 305,
his superior talents and experience as a statesman, 305-.
his political views, 305, 306.
in favor of a liberal construction of Constitution, 306, 307, 312, 313, 358.
differed in some respects from Mr. Monroe as to State rights, 306.
unjust prejudices against, 306,
his appointments judicious and impartial, 306,
his praise of President Monroe, 306,
his fidelity and magnanimious policy, 307,
* prosperous state of the Union, at his election, 308, 309,
his negotiations with Great Britain, 308.
his views of the South American republics, 316, 318, 346i
Message relating to Georgia and Indians, 338.
opposition to it, 347.
his opinion on the Tariff, 336, 357.
AGRICULTURE, intere.sts of, staled by Mr. Monroe, 247,
ALABAMA, State of admiued, 263,
ALGIERS and other Barbary powers, 122, 124, 127, 132, 135, 137. 232.
ALIEN AND SEDITION LAWS, 102.
ALIENS too easily admitted citizens, 139.
AMERICAN SYSTEM, 389, 340.
AMENDMENTS to Constitution, 26, 27, 269.
proposed, 322.
BANK OF UNITED STATES established, 36,
expires and not removed, 178.
proposed in 1814, and approved by two Houses of Congress, 22"?,
disapproved by Mr Madison, 222, 223,
incorporated in 1816, 233.
provisions and period of, 234.
useful to regulate the currency, 236.
President Jackson opposed to, 378, 394,
bill to renew, negatived by him, 389,
examination of, 261.
reported to be correct and safe, 261, 410.
President Jackson early opposed to, 378, 389.
not injurious, but useful, 378, 379, 394.
McLane, Secretary of Treasury, m favor of, Jy4.
opinion in favor of, in Philadelphia, 395.

472 INDEX.
BANK OF UNITED STATES, public funds removed from, 403.
congress a majority in favor of, 388, 389, 403, 410.
President Jackson opposed to, 394, 402, 418.
BANKS, of States, bills of not received unless redeemed, 241.
whether subject to regulation by federal government, 241.
numerous in 1316 and 1817,21.2, 265, 267.
utility of, if well conducted. 242
unable to pay specie, 265, 267.
made places of deposit of funds of United States, 418, 419.
BANKRUPT LAW, 109, 269. 273. 284, 322. .32(;, 333.
BARBOUR, Secretary of War, his system of treating the Indian tribes, 361.
in favor of their removal, 361.
tURR AARON, Vice President. 118, 137.
his conspiracy, 143, 144, 153, 164.
CALHOUN JOHN C, of South Carolina, in favor of enlarged policy and liberal
construction of Constitution, 237,
resolutions on State ritjtits. 398.
C.4NADA, invaded in war of 1812," 184, 197.
invasion of, uns^iccessful, 191, 192,204, 211, 218.
invasion of, in 1813, 204,
war on the borders of, 203, 212.
invasion of, unpopular, 212.
a new invasion of, unsuccessful, 218.
many lives lost in the expeditions of, 218.
CARROLL CHARLES, last signer of Declaration of Independence, privilege of
franking, 332.
CH.\SE, Judge of Supreme Court of United States impeached, 133.
acquitted, \Si.
CHESAPEAKE FRIGATE, attacked by a British ship of war, 148, 149.
extra session of Congress for, 150.
negotiations on, 151.
President Jefferson's opinion of the attack on, 152.
CINCINNATI SOCIETY, one of its fundamental principles, 77.
CL,\Y HENRY, of Kentucky, favored a recognition of South American re
publics, 2,57, 264.
COMMERCE, early regulated and encouraged, 20, 68.
embarrassed by foreign nations, 179, 180, 243.
state of, in 1816, 234.
amount great engaged in, 234.
depressed by British monopolizing regulations, 243.
remedies to prevent proposed, 244,
with foreign nations proposed on principles of reciprocity, 300,301.
CONFEDERATION, imperfect and inefficient, 10.
CONSTITUTION formed and adopted, 9.
approved by the people acting by States, 10, 11.
amendments of, 10, 68, 131, 298.
proposed, 322.
power giveii by il to federal government limited, 227, 228.
no security tb liberty, if not limited and obeyed, 228.
COURTS, federal, new modelled, 116, 122, 124.
proposal to allow appeals from lo Senate, 286, 324.
proposition to enlarge, 378.
CURRENCY to be regulated by Congress, 241, 243,
Bank of United States favorable to a uniform, 243.
effect on, by experiments of General Jackson, 442.
CUMBERLAND ROAD, expenses of, 265, 390,
extended, 265, 296, 323, 390.
opinion of Jefferson, Madison and Monroe of, 323, 390.
opinion of Jackson of, 390, 44i.
DEBT NATIONAL, 21, 33, 45, 230, 263.
funding of, 52.
reduction of, urged by Washington, 77.
large in 1815,-230, 233, 245, 252, 260, 272, 282, 329, 346, 347.

INDEX. 473

DEBT National, plan for reducing, 233, 245.
much reduced, 302.
paid off, 430.
DEBTS of States assumed, 31, 32, 33.
DEBATES in Congress with open doors, 39, 40.
great range in, 381.
DEFAULTERS Public, to be removed, 84.
DUANE, partial conduct of Mr. Jefferson to, 121.
DUTIES on Tea, Coffee, &c., rates of, reduced, 379.

EMBARGO in 1807, without limitation, 167.
objections to, and sufferings by, 158, 162, 165, 166, 215.
ENGLAND, restrictions on trade and navigation, 48.
negotiations with, 37, 45, 48.
retains forts, 45.
depredations on American navigation, 63.
impressments by, of American Seamen, 64.
dispute with, as to the terms of treaty of 1794, — 121.
and France interfere with neutral rights, 141.
negotiations with, 146, 166, 171, 172.
treaty with, rejected by Mr. Jefferson, 146, 156.
negotiations with, declined, 160.
non-intercourse with, 169, 174, 216.
treaty signed by its ministers disapproved, 170.
new disputes with, in 1809,-172, 173,
Envoy of, leaves Washington, 173.
" his improper charge against the President, 173.
attempts to preserve peace with, 176.
complains of French duplicity, 176.
War declared agaiust, 180, 131.
proposals from, for cessation of hostilities, 197.
Orders in Council, 204.
" repealed, 204, 207.
disputes with, continued and reasons for, 213, 366, 3B8
peace made with, 217.
Commercial Convention with, 231.
proposals to, for Commercial intercourse, 244,
dispute with, of Eastern boundary, 299, 344, 353,
trade with, reciprocity claimed, 300, 308, 327.
Commercial intercourse with, 250, 269.
reciprocity of, desired, 327, 376, 377.
declines to treat on liberal terms, 332, 344.
outlines of proposals to, for treaty, 332.
agrees to pay for Slaves, 333.
trade to its Colonies, 335, 342, 344, 376, 359.
different terms of a treaty with, 335, 359, 376.
Boundary between, and United States, 344, 353, 387, 393.
Commercial treaty with, 386, 393, 387.
Boundary line of. Northeast, 393.
unsettled, 313, 413, 414, 415, 416. .
claims of, about line, 414, 415, 416.
EXCISE ou distilled spirits, 41, 70.
opposition to, 55, 74, 104.
on carriages, 70.
EXPENSES Public, estimation of, in 1789, 27.
" in 1837, 441.
great for Public Printing, 441.
FINANCE, early attention of Congress to, 20, 29, 40, 61.
in 1800, 115, 125. ,
low state of, 179, 180, 201, 214, 274.
public improved, 245, 252, 309.
state of, 326, 329, 346, 355, 380, 389, 418.
great expenditures, 420, 428.
FISHERIES encouraged, 46.
60

474 INDEX.
FLORIDA, claimed by the United States, 134, 135, 177, 239, 240, 250, 252, 281, 285.
taken possession of, 177.
invasion of, by Gen. Jackson, 357.
expenses of war in, 423*, 440.
many lives lost there, 440, 441.
FORTS repaired and new ones built, 100.
FRANCE, revolutionary excesses in, 58.
minister of, interferes with American government, 68, 59.
" his disrespect to Washington, 59, 61.
neutral policy towards, 60,
minister of, recalled, 88.
difficulties with, 89, 93, 103.
efforts for friendly intercourse with, 94, 103.
Envoy sent to, for preserving peace, 96.
failure of negotiations with, 97.
defensive measures against, 98, 100.
mistakes the character of American people and government, 98, 99.
overtures from, to negotiate, 105, 113, 292.
expense of defensive measures against, 112, 113.
negotiations with, in 1801, 121,
Louisiana purchased of, 128, 129.
and England interfere with neutral rights, 141, 166, 160.
depredates on neutral rights, 168.
non-intercourse with, 174.
Convention with, 292, 344.
negotiations with, 344.
Emperor of, dictating to the United States, 175, 180.
" equivocation of, 176, 196.
" seeks for friendly intercourse, 178.
" alleged partiality for, 178, 179.
complaints against its duplicity, 196.
decrees of, cause of difficulty, 207.
correspondence with, Envoys of, as to decrees, 207.
its conduct evasive, 213.
delays payment as stipulated, 345.
treaty with, allowing claims, 392, 416.
complaints against, 415, 421.
fears of War with, 42J.
GALLATIN, his seat as a Senator refused, 73.
GEORGIA, difficulty with, as to Indians, 302, 303, 310, 311. '
claims the Indian lands, 311.
treaties with Indians in, 311.
Indians in, dispute with, 336, 337, 380.
its threats and opposition to federal government, 337, 388.
GOVERNMENT, Federal, organized, 10.
organization and powers of, 10.
its character bolh federal and national, II, 12, 13.
proposed by Virginia and Massachusetts, 11.
GORE CHRISTOPHER, Senator of Massachusetts, 224.
his opinion of Militia, 224.
opinion of federal government over militia, 224.
GREEKS, sympathy for, &c., 289, 297.
GRUNDY FELIX, Senator of Tennessee, 346.
his opinion of rights of militia, 246.
resolutions on Slate rights, 399.
GUNBOATS, recommended, 135.
plan of Mr, Jefferson, 135.
poor apology for a Navy, 135.

HAMILTON ALEXANDER, Secretary of Treasury, 63.
able financier, 53, 64.
false charges against, 79.
resignation, 79.
HARRISON WILLIAM H., first delegate from N. W. Territory, 110.

INDEX. 475
HARRISON WILLIAM H,, commands troops in Northwest, 195.
active and successful, 195.
his successes in 1813, 209.
his defence of Fort Meigs, 209.
capture of Maiden by, 209.
battle of Thames under, 209.
defeat of British by. 209.
his aids, Shelby and Perry, 209.
his conduct applauded by the administration, 209, 210.
iu favor of pensions for revolutionary veterans, 255.
dismissed from high office by General Jackson, 369.
ILLINOIS admitted a Slate, 263.
INDIANS, report respecting, 30.
hostile, on Ohio, &c. 40, 309.
War with, in N. W. Territory, 43, 53.
treatment of, 44, 253, 361.
treaties vrith, 46, 48, 104.
friendly disposition of, 122.
hostile in 1813, 214.
lands purchased of, 253.
treatment of, in Georgia, 302, 303, 310, 336, 359, 360, 380.
policy in governing, 360, 361.
difficulty of a safe and just policy toward, 362, 374.
removal of, 379,388,394.
President Jackson's opinion of, 360.
INDIANA made a State, 124.
INTERNAL IMPROVEMEJSfTS, 85, 145,237,238,265,291,296,312,322,347,348.
by dividends of United States Bank, 256, 291.
objections to, 348, 385.
various surveys for, 351.
IMPRISONMENT for debt proposed to be abolished, 298, 277, 290.
JACKSON ANDREW Genera], victory at New Orieans, 233.
his invasion of Florida, 259, 281.
his conduct in Florida, 285, 289, 257.
President, 364.
his character, 364, 365.
promises a reform, 364, 374, 384.
arbitrary and intolerant, 369, 370, 409, 419, 420.
prosperous state of the Union, on his election, 374, 375.
in favor of paying off public debt, 373.
in favor of removing the Indians, 379.
insists on their removal, 376.
favors the claims of Georgia over them, 376.
his negotiations with France and England, 366.
disputes with Mexico, 368.
his removals from office, 369.
his professions republican, 369.
in favor of manufactures at first, 370, 371, 372.
recommends an alteration of tariff, 384.
retains a bill for internal improvements, 385.
his opinion on State and federal powers, 387.
his opinion of tariff, 388.
opposition to bank of United States, 389, 402, 418.
his opinion of Indians, 360, 388.
in favor of their removal, 388.
proposes, in lieu of Bank, a Sub-Treasury system, 389, 390.
proclamation on opposition in South Carolina, 397.
elected President second time, 402, 408.
his removal of public funds from bank, 403. j ,. ,
his arbitrary detention of a bill for distribution of proceeds of sales of
public lands, 403, 404, 430.
liable to flattery and to deception by selfish men, «)9.
dangerous tendency of his doctrine and policy, 409,401, 411.
his doctrines auti-republican, 411.

476 INDEX. .
JACKSON ANDREW, his disputo with Senate, 411, 412.
his discontinuance of the bank injurio us, 412, 430.
his attempts to introduce a metallic currency, 413.
his resentment of the delay of France to pay, &c., 415, 416.
fears of war on account of his threats, 416,, 421.
great expenses in 1835, 420.
his experiments dangerous aud injurious, 424,
his conduct relating to public funds, 425, 431.
urges removal of Indians, 426.
in favor of Navy, 426.
complains of conduct of the abolitionisls, 426,
public debt, off in his time, 430.
but system formed before, 430.
compared to Jefferson, 432.
expenses of his administration, 431.
JACOBIN CLUBS, 78.
opposed policy of Washington, 78.
applauded French agents, 78.
JEFFERSON THOMAS, Secretary of State, 52.
his political theories and opinions, 52, 53.
President of United States, 119, 120.
his partial conduct to Duane, 121.
opposed lo new Circuit Court, 122.
attention to Thomas Paine, 127,
recommends gunboats, 135, 167.
his re-election, 137.
advises defensive measures, 139, 140.
rejects treaty with England, 146, 147.
implicates Judge Marshall, 153, 155.
favors an embargo and retirement from the ocean, 166.
retires from presidency, 167, 168.
his death, 331.
Jefferson compared to General Jackson, 432.
KENTUCKY admiUed a State, 35.
KING RUFUS, his opinion of the design of federal government, 14.
opposed to war in 1812, 189.
in favor of pension acts, 255.
navigation act urged by. 256, 270.
in favor of State rights, 271.
great friend of commerce, 293.
lor appropriating portion of lands for emancipation of Slaves, 303.
opposed to Slavery in Missouri, 268.
Envoy to England, 327, 328.
KNOX HENRY General, Secretary of War, 53.
approves Washington's policy and measures, 79.
in favor of a Navy, 89.
LANDS cessions of, from States to United States, 42.
grants of by Congress, 43.
public sales of, 309.
to actual settlers, 224, 309.
for schools, &c., 324.
public, for benefit of all the States, 254, 309.
proposal to distribute, 334, 403.
proceeds of sales of, great, 373, 374.
sale of, different plans for, 380, 331, 403, 404.
opposed in an arbitrary way, by General Jackson, 403, 404, 430.
LOANS large in 1813, 201, 274. ^ ^'^ ,' ' '
LOWNDES, of South Carolina, proposed plan of paying public debt, 233.
LLOYD, of Massachusetts, Senator in Congress, contends for rights of Militia, 225.
in favor of Navy,
opposed to Embargo,
LOUISIANA purchased of Spain, 128.
boundaries of, 130, 134, 240.
possession taken of, 129.

INDEX. 477
LOUISIANA admitted a State, 177.
divided, 132, 177.
MADISON Mr., his resolutions, 65*
elected President, 1(39.
chosen a second time President, 200
his Cabinet, 200.
approved aud advised to War, 200
in favor of Bank, 242, 243, 433, 437.
MAINE admitted a State, 263.
MANUFACTURES early appreciated.and encouraged, 21.
encouraged and favored, 235, 236, 243, 266', 283, 285, 288, 295. 352,
370,384. ' J ) ) I ; ;
law to protect, modified, 395, 396, 422.
Compromise act ou, 396, 401.
opposed in South Carolina, 396, 397, 400
MARSHALL WILLIAM, Secretary of State, 117. ,
Chief Justice, 117.
unjustly charged with lenity lo Burr, 153, 155.
his opinion on rights of Militia, 246.
MEXICO, disputes with, as to bounds, 368, 392, 417.
treaty with, 392.
MILITIA, power of federal government over, 41, 74, 185.
called for by President, 185, 186.
Massachusetts declined to order out, 186, 187.
rights of, 224, 223, 246.
Constitutional power of federal rulers over, 224, 225, 226, 246.
MINT established, 38.
in North Carolina, 423.
in Georgia and Louisiana, 423.
expenses of, 423.
MISSISSIPPI admitted a State, 263.
MISSOUTII admitted a State, 267.
Slavery in, 267.
MONIES PUBLIC, to be promptly paid into Treasury, 245.
MONROE JAMES, elected President, 247.
of similar political views as Madison, 247.
more of a practical politician than JefferB-on or Madison, 247,248,304.
advocate for Stale rights, 248.
believes federal government one of special or limited power, 248.
in favor of measures for national defence, 248.
recommends attention to Agriculture, 247.
favors the protective system, 248.
his views of federal government and powers, 297.
opposed alike to consolidation and disunion, 297.
reduced the public debt, 299, 302.
state of Ihe nation at close of his presidency, 299.
tour through eastern States, 250.
compared to Jefferson and Madison, 304.
elected second time, 273,
care of public funds, 282.
attention to slate of finances, 282.
requires punctuality in public officers, 282.
in favor of a Bank, 435.
NAVY, Washington in favor of, 89.
Adams recommends its increase, 89.
Secretary of, 100.
increased, 100, 104.
its extent in 1800, 115, 125.
important and successful, 193, 202, 212, 294.
officers of, brave, 212, 220.
in Mediterranean, 313, 314, 330.
several engagements of, with the British, 220.
NAVIGATION LAW proposed, 256, 270.
expenses for benefit of, 441.

480 INDEX.
WASHINGTON GEORGE, his measures censured by Jacobin Clubs, 78.
his treaty with England opposed, 81, 82. ,.
advice to increase Navy, 89.
his resignation, 90.
his eulogy by Mr. Adams, 92. . '
Commander-in-Chief, lOI.
death of, universally lamented, 106.
WASHINGTON CI.TY, first Session of Congress in, 114.
invaded and plundered by British troops, 219.
WAR with England, 181, 183.
reasons for, 181, 182.
unnecessary, 183,
charged to partiality for France, 183.
nation unprepared for, 184.
treasury notes issued, to support, 185.
much opposition to, 187, 188.
Resolutions in New York, disapproving of, 188,
menaces of dominant party after it was declared, 190.
early misfortunes and defeats in, 191, 192.
prosecuted with vigor, 194, 201.
army increased in second year of, 201, 216.
continued for seamen's rights, 196, 197, 199.
great expenses of, 201, 216.
people patient, though not approving it, 203.
depredations of, by British snips, 206, 2il.
correspondence which preceded it, 207.
division in Congress on, 208.
new instruction to Envoys to close it, 216, 217.
closed, without obtaining what it was declared for, 217, 221.
too expensive and unpopular to be continued, 221. '
great expenses of, 230.
WARD ARTEMAS, his views of tht: rights of the Militia, 225.
WOOLLEN GOODS imported, duties on, raised, 340.
to protect manufactures opposition lo, 340, 341.
great importations of, 352.
increase of duty on, 352.

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