Albert Gallatin Part 4

When he appeared to take his seat in the a.s.sembly he found that his election was contested. A pet.i.tion was presented from thirty-four persons calling themselves peaceable citizens of Washington County, which stated that their votes had not been cast, because of the disturbed condition of the country, and requested the a.s.sembly to declare the district to have been in a state of insurrection at the time of the election, and to vacate the same. Mr. Gallatin knew the person who procured the signatures, and also that the business originated in the army. It was couched in terms insulting to all the members elect from that district. After a protracted debate the election was declared void on January 9, 1795. It was during this debate that Mr. Gallatin made the celebrated speech called "The speech on the western elections,"

in which occurs the confession already alluded to. Speaking of the Pittsburgh resolutions of 1792, he said:--

"I might say that those resolutions did not originate at Pittsburgh, as they were almost a transcript of the resolutions adopted at Washington the preceding year; and I might even add that they were not introduced by me at the meeting. But I wish not to exculpate myself where I feel I have been to blame. The sentiments thus expressed were not illegal or criminal; yet I will freely acknowledge that they were violent, intemperate, and reprehensible.

For, by attempting to render the office contemptible, they tended to diminish that respect for the execution of the laws which is essential to the maintenance of a free government; but whilst I feel regret at the remembrance, though no hesitation in this open confession of that _my only political sin_, let me add that the blame ought to fall where it is deserved."

This was the first speech of Gallatin that appeared in print--simple, lucid, convincing. The result of the new a.s.sembly election would naturally determine the right of the representatives of the contested district to their seats in Congress. Word had gone forth from the Treasury Department that Gallatin must not take his seat in Congress, and the whippers-in took heed of the desire of their chief. A line of instruction to Badollet, who lived at Greensburg in Washington County, across the river from Gallatin's residence, determined the matter.

Gallatin warned him against the attempt that would be made to disaffect that district because none of the representatives whose seats had been vacated were residents of it. "Fall not into the snare," he wrote; "take up n.o.body from your own district; reelect unanimously the same members, whether they be your favorites or not. It is necessary for the sake of our general character." Here is an instance of that true political instinct which made of him "the ideal party leader." His advice was followed, and all the members were reelected but one, who declined. Mr.

Gallatin returned to his seat in the a.s.sembly on February 14, and retained it until March 12, when he asked and obtained leave of absence.

He does not appear to have taken further part in the session. The subjects, personal to himself, which occupied his attention during the summer will be touched upon elsewhere.

The pitiful business of the trial of the western prisoners needs only brief mention. In May Gallatin was summoned before the grand jury as a witness on the part of the government. The inquiry was finished May 12, and twenty-two bills were found for treason. Against Fayette two bills were found; one for misdemeanor in raising the liberty pole in Uniontown. The pet.i.t jury was composed of twelve men from each of the counties of Fayette, Washington, Allegheny, and Northumberland, but none from Westmoreland. One man, a German from Westmoreland, who was concerned in a riot in Fayette, was found guilty and condemned to death.

Mr. Gallatin, at the request of the jury, drew a pet.i.tion to the President, who granted a pardon. Washington extended mercy to the only other offender who incurred the same penalty.

To the close of this national episode, which, in its various phases of incident and character, is of dramatic interest, Gallatin, through good repute and ill repute, stood manfully by his const.i.tuents and friends.

FOOTNOTES:

[Footnote 3: Hamilton's _History of the Republic_, vi. 96.]

CHAPTER V

MEMBER OF CONGRESS

The first session of the fourth Congress began at Philadelphia on Monday, December 7, 1795. Washington was president, John Adams vice-president. No one of Washington's original const.i.tutional advisers remained in his cabinet. Jefferson retired from the State Department at the beginning of the first session of the third Congress. Edmund Randolph, appointed in his place, resigned in a cloud of obloquy on August 19, 1795, and the portfolio was temporarily in charge of Timothy Pickering, secretary of war. Hamilton resigned the department of the Treasury on January 31, 1795, and Oliver Wolcott, Jr., succeeded him in that most important of the early offices of the government. General Henry Knox, the first secretary of war, pressed by his own private affairs and the interests of a large family, withdrew on December 28, 1794, and Timothy Pickering, the postmaster-general, had been appointed in his stead January 2, 1795. The Navy Department was not as yet established (the act creating it was pa.s.sed April 30, 1798), but the affairs which concerned this branch of the public service were under the direction of the secretary of war. The administration of Washington was drawing to a close. In the lately reconstructed cabinet, honest, patriotic, and thorough in administration, there was no man of shining mark. The Senate was still in the hands of the Federal party. The bare majority which rejected Gallatin in the previous Congress had increased to a sufficient strength for party purposes, but neither in the ranks of the administration nor the opposition was there in this august a.s.semblage one commanding figure.

The House was nearly equally divided. The post of speaker was warmly contested. Frederick A. Muhlenberg of Pennsylvania, who had presided over the House at the sessions of the first Congress, 1789-1791, and again over the third, 1793-1795, was the candidate of the Federalists, but was defeated by Jonathan Dayton of New Jersey, whose views in the last session had drifted him into sympathy with the Republican opposition. The House, when full, numbered one hundred and five members, among whom were the ablest men in the country, veterans of debate versed in parliamentary law and skilled in the niceties of party fence. In the Federal ranks, active, conscious of their power, and proud of the great party which gloried in Washington as their chief, were Robert Goodloe Harper of South Carolina, Theodore Sedgwick of Ma.s.sachusetts, Roger Griswold and Uriah Tracy of Connecticut, who led the front and held the wings of debate; while in reserve, broken in health but still in the prime of life, the pride of his party and of the House, was Fisher Ames, the orator of his day, whose magic tones held friend and foe in rapt attention, while he mastered the reason or touched the heart. Upon these men the Federal party relied for the vindication of their principles and the maintenance of their power. Supporting them were William Vans Murray of Maryland, Goodrich and Hillhouse of Connecticut, William Smith of South Carolina, Sitgreaves of Pennsylvania, and in the ranks a well-trained party. Opposed to this formidable array of Federal talent was the Republican party, young, vigorous, and in majority, bold in their ideas but as yet hesitating in purpose under the controlling if not overruling influence of the name and popularity of Washington.

[Ill.u.s.tration: Rob. G. Harper]

Hamilton watched the shifting fortunes of his party from a distance, and found time in the pressure of a large legal practice to aid each branch of administration in turn with his advice. But though he still inspired its councils, he no longer directed its course. In his Monticello home Jefferson waited till the fruit was ripe for falling, occasionally impatient that his followers did not more roughly shake the tree.

The open rupture of Jefferson with Hamilton was the first great break in the Federal administration; the lukewarmness of Madison, whose leanings were always towards Jefferson, followed.

At the head of the Republican opposition was Madison. Wise in council, convincing in argument, an able and even adroit debater, he was an admirable leader, but his tactics were rather of the closet than the field. He was wanting in the personal vigor which, scorning defense, delights in bold attack upon the central position of the enemy, and carries opposition to the last limit of parliamentary aggression. With this mildness of character, though recognized as the leader of his party, he, as a habit, waived his control upon the floor of the House, and, reserving his interference for occasions when questions of const.i.tutional interpretation arose, left the general direction of debate to William B. Giles of Virginia, a skillful tactician and a ready debater, keen, bold, and troubled by no scruples of modesty, respect, or reverence for friend or foe. Of equal vigor, but of more reserve, was John Nicholas of Virginia--a man of strong intellect, reliable temper, and with the dignity of the old school. To these were now added Albert Gallatin and Edward Livingston. Edward Livingston, from New York, was young, and as yet inexperienced in debate, but of remarkable powers. He was another example of that early intellectual maturity which was a characteristic of the time.

When Congress met, the all-disturbing question was the foreign policy of the United States. The influence of the French Revolution upon American politics was great. The Federalists, conservative in their views, held the new democratic doctrines in abhorrence, and used the terrible excesses of the French Revolution with telling force against their Republican adversaries. The need of a strong government was held up as the only alternative to anarchy. In the struggle which now united Europe against the French republic, the sympathies of the Federalists were with England. Hence they were accused of a desire to establish a monarchy in the United States, and were ignominiously called the British party.

Shays's Rebellion in Ma.s.sachusetts and the Whiskey Insurrection in Pennsylvania gave point to their arguments.

On the other side was the large and powerful party which, throughout the war in the Continental Congress, under the confederation in the national convention which framed and in the state conventions which ratified the Const.i.tution, had opposed the tendency to centralization, but had been defeated by the yearning of the body of the plain people for a government strong enough at least to secure them peace at home and protection abroad. This natural craving being satisfied, the old aversion to cla.s.s distinctions returned. The dread of an aristocracy, which did not exist even in name, threw many of the supporters of the Const.i.tution into the ranks of its opponents, who were democrats in name and in fact. The proclamation of the rights of man awoke this latent sentiment, and aroused an intense sympathy for the people of France.

This again was strengthened by the memory, still warm, of the services of France in the cause of independence. Lafayette, who represented the true French republican spirit, and held a place in the affections of the American people second only to that of Washington, was languishing, a prisoner to the coalition of sovereigns, in an Austrian dungeon.

Jefferson returned from France deeply imbued with the spirit of the French Revolution. His views were warmly received by his political friends, and the principles of the new school of politics were rapidly spread by an eager band of acolytes, whose ranks were recruited until the feeble opposition became a powerful party. Democratic societies, organized on the plan of the French Jacobin clubs, extended French influence, and no doubt were aided in a practical way by Genet, whose recent marriage with the daughter of George Clinton, the head of the Republican party in New York, was an additional link in the bond of alliance.

During the second session of the third Congress Madison had led the opposition in a mild manner; party lines were not yet strongly defined, and the influence of Washington was paramount. In the interim between its expiration and the meeting of the fourth Congress in December, the country was wildly agitated by the Jay treaty. This doc.u.ment not reaching America until after the adjournment of Congress in March, Washington convened the Senate in extra and secret session on June 1, and the treaty was ratified by barely two thirds majority. Imprudently withheld for a time, it was at last made public by Senator Mason of Virginia, one of the ten who voted against its ratification. It disappointed the people, and was denounced as a weak and ignominious surrender of American rights. The merchants of Boston, New York, Philadelphia, and Charleston protested against it in public meetings. It was burned, and the English flag was trailed in the dust before the British minister's house at the capital. Jay was hung in effigy, and Hamilton, who ventured to defend the treaty at a public meeting, was stoned. To add to the popular indignation that the impressment of American seamen had been ignored in the instrument, came the alarming news that the British ministry had renewed their order to seize vessels carrying provisions to France, whither a large part of the American grain crop was destined. On the other hand, Randolph, the secretary of state, had compromised the dignity of his official position in his intercourse with Fauchet, the late French amba.s.sador, whose correspondence with his government, thrown overboard from a French packet, had been fished up by a British man-of-war, and forwarded to Grenville, by whom it was returned to America. Thus petard answered petard, and the charge by the Republicans upon the Federalists of taking British gold was returned with interest, and the accusation of receiving bribe money was brought close home to Randolph, if not proved.

Hard names were not wanting either; Jefferson was ridiculed as a _sans-culotte_ and red-legged Democrat. Nor was Washington spared. He was charged with an a.s.sumption of royal airs, with political hypocrisy, and even with being a public defaulter; a charge which no one dared to father, and which was instantly shown to be false and malicious. It was made by Bache in "The Aurora," a contemptible sheet after the fashion of "L'Ami du Peuple," Marat's Paris organ.

Such was the temper of the people when the House of Representatives met on December 7, 1795. The speaker, Dayton, was strongly anti-British in feeling. He was a family connection of Burr, but there is no reason to suppose that he was under the personal influence of that adroit and unscrupulous partisan. On the 8th President Washington, according to his custom, addressed both houses of Congress. This day for the first time the gallery was thrown open to the public. When the reply of the Senate came up for consideration, the purpose of the Republicans was at once manifest. They would not consent to the approbation it expressed of the conduct of the administration. They would not admit that the causes of external discord had been extinguished "on terms consistent with our national honor and safety," or indeed extinguished at all, and they would not acknowledge that the efforts of the President to establish the peace, freedom, and prosperity of the country had been "enlightened and firm." Nevertheless the address was agreed to by a vote of 14 to 8.

In the House a resolution was moved that a respectful address ought to be presented. The opposition immediately declared itself. Objection was made to an address, and in its stead the appointment of a committee to wait personally on the President was moved. The covert intent was apparent through the thin veil of expediency, but the Republicans as a body were unwilling to go this length in discourtesy, and did not support the motion. Only eighteen members voted for it. Messrs. Madison, Sedgwick, and Sitgreaves, the committee to report an address, brought in a draft on the 14th which was ordered to be printed for the use of the members. The next day the work of dissection was begun by an objection to the words "probably unequaled spectacle of national happiness"

applied to the country, and the words "undiminished confidence" applied to the President. The words "probably unequaled" were stricken out without decided opposition by a vote of forty-three to thirty-nine.

Opinions were divided on that subject even in the ranks of the Federalists. The cause of dissatisfaction was the Jay treaty. The address was recommitted without a division. The next day Madison brought in the address with a modification of the clause objected to. In its new form the "very great share" of Washington's zealous and faithful services in securing the national happiness was acknowledged. The address thus amended was unanimously adopted. In this encounter nothing was gained by the Republicans. The people would not have endured an open declaration of want of confidence in Washington. But the entering wedge of the new policy was driven. The treaty was to be a.s.sailed. It was, however, the pretext, not the cause of the struggle, the real object of which was to extend the powers of the House, and subordinate the executive to its will. Before beginning the main attack the Republicans developed their general plan in their treatment of secondary issues; of these the princ.i.p.al was a tightening of the control of the House over the Treasury Department.

In this Mr. Gallatin took the lead. His first measure was the appointment of a standing Committee of Finance to superintend the general operations of this nature,--an efficient aid to the Treasury when there is accord between the administration and the House, an annoying censor when the latter is in opposition. This was the beginning of the Ways and Means Committee, which soon became and has since continued to be the most important committee of the House. To it were to be referred all reports from the Treasury Department, all propositions relating to revenue, and it was to report on the state of the public debt, revenue, and expenditures. The committee was appointed without opposition. It consisted of fourteen members, William Smith, Sedgwick, Madison, Baldwin, Gallatin, Bourne, Gilman, Murray, Buck, Gilbert, Isaac Smith, Blount, Patten, and Hillhouse, and represented the strength of both political parties. To this committee the estimates of appropriations for the support of the government for the coming year were referred. The next step was to bring to the knowledge of the House the precise condition of the Treasury. To this end the secretary was called upon to furnish comparative views of the commerce and tonnage of the country for every year from the formation of the department in 1789, with tables of the exports and imports, foreign and domestic, separately stated, and with a division of the nationality of the carrying vessels.

Later, comparative views were demanded of the receipts and expenditures for each year; the receipts under the heads of Loans, Revenue in its various forms, and others in their several divisions; the expenditures, also, to be cla.s.sified under the heads of Civil List, Foreign Intercourse, Military Establishment, Indian Department, Naval, etc.

Finally a call was made for a statement of the annual appropriations and the applications of them by the Treasury. The object of Mr. Gallatin was to establish the expenses of the government in each department of service on a permanent footing for which annual appropriations should be made, and for any extraordinary expenditure to insist on a special appropriation for the stated object and none other. By keeping constantly before the House this distinction between the permanent fund and temporary exigencies, he accustomed it to take a practical business view of its legislative duties, and the people to understand the principles he endeavored to apply.

In a debate at the beginning of the session, on a bill for establishing trading houses with the Indians, Mr. Gallatin showed his hand by declaring that he would not consent to appropriate any part of the war funds for the scheme; nor, in view of the need of additional permanent funds for the discharge of the public debt, would he vote for the bill at all, unless there was to be a reduction in the expense of the military establishment; and he would not be diverted from his purpose although Mr. Madison advocated the bill because of its extremely benevolent object. The Federal leaders saw clearly to what this doctrine would bring them, and met it in the beginning. The first struggle occurred when the appropriations for the service of 1796 were brought before the House. Beginning with a discussion upon the salaries of the officers of the mint, the debate at once pa.s.sed to the principle of appropriations. The Federalists insisted that a discussion of the merits of establishments was not in order when the appropriations were under consideration; that the House ought not, by withholding appropriations, to destroy establishments formed by the whole legislature, that is, by the Senate and House; that the House should vote for the appropriations agreeably to the laws already made. This view was sanctioned by practice. Mr. Gallatin immediately opposed this as an alarming and dangerous principle. He insisted that there was a certain discretionary power in the House to appropriate or not to appropriate for any object whatever, whether that object were authorized or not. It was a power vested in the House for the purpose of checking the other branches of government whenever necessary. He claimed that this power was shown in the making of yearly instead of permanent appropriations for the civil list and military establishments, yet when the House desired to strengthen public credit it had rendered the appropriation for those objects permanent and not yearly. It was, therefore, "contradictory to suppose that the House was bound to do a certain act at the same time that they were exercising the discretionary power of voting upon it."

The debate determined nothing, but it is of interest as the first declaration in Congress of the supremacy of the House of Representatives.

The great debate which, from the principles involved in it as well as the argument and oratory with which they were discussed, made this session of the House famous, was on the treaty with Great Britain. This was the first foreign treaty made since the establishment of the Const.i.tution. The treaty was sent in to the House "for the information of Congress," by the President, on March 1, with notice of its ratification at London in October. The next day Mr. Edward Livingston moved that the President be requested to send in a copy of the instructions to the minister of the United States who negotiated the treaty, together with the correspondence and other doc.u.ments. A few days later he amended his resolution by adding an exception of such of said papers as any existing negotiations rendered improper to disclose. The Senate in its ratification of the treaty suspended the operation of the clause regulating the trade with the West Indies, on which Great Britain still imposed the old colonial restriction, and recommended the President to open negotiations on this subject; and in fact such negotiations were in progress. The discussion was opened on the Federal side by a request to the gentlemen in favor of the call to give their reasons. Mr. Gallatin supported the resolution, and expressed surprise at any objection, considering that the exception of the mover rendered the resolution of itself unexceptionable. The President had not informed the House of the reasons upon which the treaty was based. If he did not think proper to give the information sought for, he would say so to them. A question might arise whether the House should get at those secrets even if the President refused the request, but that was not the present question. In reply to Mr. Murray, who a.s.serted that the treaty was the supreme law of the land, and that there was no discretionary power in the House except on the question of its const.i.tutionality, Mr.

Gallatin said that Congress possessed the power of regulating trade,--perhaps the treaty-making power clashed with that,--and concluded by observing that the House was the grand inquest of the nation, and that it had the right to call for papers on which to ground an impeachment. At present he did not contemplate an exercise of that right. Mr. Madison said it was now to be decided whether the general power of making treaties supersedes the powers of the House of Representatives, particularly specified in the Const.i.tution, so as to give to the executive all deliberative will and leave the House only an executive and ministerial instrumental agency; and he proposed to amend the resolution so as to read, "except so much of said papers as in his (the President's) judgment it may be inconsistent with the interest of the United States at this time to disclose." But his motion was defeated by a vote of 47 nays to 37 yeas.

The discussion being resumed in committee of the whole, the expressions of opinion were free on both sides, but so moderate that one of the members made comment on the calmness and temper of the discussion.

Nicholas said that, if the treaty were not the law of the land, the President should be impeached. But the parts of the treaty into which the President had not the right to enter, he could not make law by proclamation. Swanwick supported the call as one exercised by the House of Commons. On the Federal side, Harper said that the papers were not necessary, and, being unnecessary, the demand was an improper and unconst.i.tutional interference with the executive department. If he thought them necessary, he would change the milk and water style of the resolutions. In that case the House had a right to them and he had no idea of requesting as a favor what should be demanded as a right.

Gallatin, he said, had declared that it was a request, but that in case of refusal it might be considered whether demand should not be made, and he charged that when, at the time the motion was made, the question had been asked, what use was to be made of the papers, Gallatin did not and could not reply. Mr. Gallatin answered that whether the House had a discretionary power, or whether it was bound by the instrument, there was no impropriety in calling for the papers. He hoped to have avoided the const.i.tutional question in the motion, but as the gentlemen had come forward on that ground, he had no objection to rest the decision of the const.i.tutional power of Congress on the fate of the present question. He would therefore state that the House had a right to ask for the papers.

The const.i.tutional question being thus squarely introduced, Mr. Gallatin made an elaborate speech, which, from its conciseness in statement, strength of argument, and wealth of citations of authority, was, to say the least, inferior to no other of those drawn out in this memorable struggle. In its course he compared the opinion of those who had opposed the resolution to the saying of an English bishop, that the people had nothing to do with the law but to obey it, and likened their conduct to the servile obedience of a Parliament of Paris under the old order of things. He concluded with the hope that the dangerous doctrine, that the representatives of the people have not the right to consult their discretion when about exercising powers delegated by the Const.i.tution, would receive its death-blow. Griswold replied in what by common consent was the strongest argument on the Federal side. The call, at first view simple, had, he said, become a grave matter. The gist of his objection to it was that the people in their Const.i.tution had made the treaty power paramount to the legislative, and had deposited that power with the President and Senate.

Mr. Madison once more rose to the const.i.tutional question. He said that, if the pa.s.sages of the Const.i.tution be taken literally, they must clash.

The word _supreme_, as applied to treaties, meant as over the state Const.i.tutions, and not over the Const.i.tution and laws of the United States. He supported Mr. Gallatin's view of the congressional power as cooperative with the treaty power. A construction which made the treaty power omnipotent he thought utterly inadmissible in a const.i.tution marked throughout with limitations and checks.

Mr. Gallatin again claimed the attention of the House, as the original question of a call for papers had resolved itself into a discussion on the treaty-making power. In the treaty of peace of 1783 there were three articles which might be supposed to interfere with the legislative powers of the several States: 1st, that which related to the payment of debts; 2d, the provision for no future confiscations; 3d, the rest.i.tution of estates already confiscated. The first could not be denied. "Those," he said, "might be branded with the epithet of disorganizers, who threatened a dissolution of the Union in case the measures they dictated were not obeyed; and he knew, although he did not ascribe it to any member of the House, that men high in office and reputation had industriously spread an alarm that the Union would be dissolved if the present motion was carried." He took the ground that a treaty is not valid, and does not bind the nation as such, till it has received the sanction of the House of Representatives. Mr. Harper closed the argument on the Federal side. On March 24 the resolution calling for the papers was carried by a vote of yeas 62, nays 37, absent 5, the speaker 1 (105). Livingston and Gallatin were appointed to present the request to the President.

On March 30 the President returned answer to the effect that he considered it a dangerous precedent to admit this right in the House; that the a.s.sent of the House was not necessary to the validity of a treaty; and he absolutely refused compliance with the request. The letter of instructions to Jay would bear the closest examination, but the cabinet scorned to take shelter behind it, and it was on their recommendation that the President's refusal was explicit. This message, in spite of the opposition of the Federalists, was referred, by a vote of 55 yeas to 37 nays, to the committee of the whole. This reference involved debate. In his opposition to this motion, Mr. Harper said that the motives of the friends of the resolution had been avowed by the "gentleman who led the business, from Pennsylvania;" whereby it appears that Mr. Gallatin led the Republicans in the first debate. During this his first session he shared this distinction with Mr. Madison. At the next he became the acknowledged leader of the Republican party.

On April 3 the debate was resumed. This second debate was led by Mr.

Madison, who considered two points: 1st, the application for papers; 2d, the const.i.tutional rights of Congress. His argument was of course calm and dispa.s.sionate after his usual manner. The contest ended on April 7, with the adoption of two resolutions: 1st, that the power of making treaties is exclusively with the President and Senate, and the House do not claim an agency in making them, or ratifying them when made; 2d, that when made a treaty must depend for the execution of its stipulations on a law or laws to be pa.s.sed by Congress; and the House have a right to deliberate and determine the expediency or inexpediency of carrying treaties into effect. These resolutions were carried by a vote of 63 to 27.

There was now a truce of a few days. In the meanwhile the country was agitated to an extent which, if words mean anything, really threatened an attempt at dissolution of the Union, if not civil war itself. The objections on the part of the Republicans were to the treaty as a whole.

Their sympathies were with France in her struggle for liberty and democratic inst.i.tutions and against England, and their real and proper ground of antipathy to the instrument lay in its concession of the right of capture of French property in American vessels, whilst the treaty with France forbade her to seize British property in American vessels.

The objections in detail had been formulated at the Boston public meeting the year before. The commercial cities were disturbed by the interference with the carrying trade; the entire coast, by the search of vessels and the impressment of seamen; the agricultural regions, by the closing of the outlet for their surplus product; the upland districts, by the stoppage of the export of timber. But the country was without a navy, was ill prepared for war, and the security of the frontier was involved in the restoration of the posts still held by the British.

The political situation was uncertain if not absolutely menacing. The threats of disunion were by no means vague. The Pendleton Society in Virginia had pa.s.sed secession resolutions, and a similar disposition appeared in other States. While the treaty was condemned in the United States, British statesmen were not of one opinion as to the advantages they had gained by Grenville's diplomacy. Jay's desire, expressed to Randolph, "to manage so that in case of wars our people should be united and those of England divided," was not wholly disappointed. And there is on record the expression of Lord Sheffield, when he heard of the rupture in 1812, "We have now a complete opportunity of getting rid of that most impolitic treaty of 1794, when Lord Grenville was so perfectly duped by Jay."[4] Washington's ratification of the treaty went far to correct the hasty judgment of the people, and to reconcile them to it as a choice of evils. Supported by this modified tone of public opinion, the Federalists determined to press the necessary appropriation bills for carrying the treaties into effect. Besides the Jay treaty there were also before the House the Wayne treaty with the Indians, the Pinckney treaty with Spain, and the treaty with Algiers. With these three the House was entirely content, and the country was impatient for their immediate operation. Wayne's treaty satisfied the inhabitants on the frontier. The settlers along the Ohio, among whom was Gallatin's const.i.tuency, were eager to avail themselves of the privileges granted by that of Pinckney, which was a triumph of diplomacy; and all America, while ready to beard the British lion, seems to have been in terror of the Dey of Algiers. Mr. Sedgwick offered a resolution providing for the execution of the four treaties. Mr. Gallatin insisted on and received a separate consideration of each. That with Great Britain was reserved till the rest were disposed of. It was taken up on April 14. Mr. Madison opened the debate. He objected to the treaty as wanting in real reciprocity; 2d, in insufficiency of its provisions as to the rights of neutrals; 3d, because of its commercial restrictions. Other Republican leaders followed, making strong points of the position in which the treaty placed the United States with regard to France, to whom it was bound by a treaty of commercial alliance, which was a part of the contract of aid in the Revolutionary War; and also of the possible injustice which would befall American claimants in the British courts of admiralty.

The Federalists clung to their ground, defended the treaty as the best attainable, and held up as the alternative a war, for which the refusal of the Republicans to support the military establishment and build up a navy left the country unprepared. In justice to Jay, his significant words to Randolph, while doubtful of success in his negotiation, should be remembered: "Let us hope for the best and prepare for the worst." To the red flag which the Federalists held up, Mr. Gallatin replied, accepting the consequences of war if it should come, and gave voice to the extreme dissatisfaction of the Virginia radicals with Jay and the negotiation. He charged that the cry of war and threats of a dissolution of the government were designed for an impression on the timidity of the House. "It was through the fear of being involved in a war that the negotiation with Great Britain had originated; under the impression of fear the treaty had been negotiated and signed; a fear of the same danger, that of war, had promoted its ratification; and now every imaginary mischief which could alarm our fears was conjured up in order to deprive us of that discretion which this House thought they had a right to exercise, and in order to force us to carry the treaty into effect." He insisted on the important principle that 'free ships make free goods,' and complained of its abandonment by the negotiators.

In a reply to this attack upon Jay, whose whole life was a refutation of the charge of personal or moral timidity, Mr. Tracy pa.s.sed the limits of parliamentary courtesy. "The people," he said, "where he was most acquainted, whatever might be the character of other parts of the Union, were not of the stamp to cry hosannah to-day and crucify to-morrow; they will not dance around a whiskey pole to-day and curse their government, and upon hearing of a military force sneak into a swamp. No," said he, "my immediate const.i.tuents, whom I very well know, understand their rights and will defend them, and if they find the government will not protect them, they will attempt at least to protect themselves;" and he concluded, "I cannot be thankful to that gentleman for coming all the way from Geneva to give Americans a character for pusillanimity." He held it madness to suppose that if the treaty were defeated war could be avoided. Called to order, he said that he might have been too personal, and asked pardon of the gentleman and of the House.

The brilliant crown of the debate was the impa.s.sioned speech of Fisher Ames, the impression of which upon the House and the crowded gallery is one of the traditions of American oratory. The scene, as it has been handed down to us, resembles, in all save its close, that which Parliament presented when Chatham made his last and dying appeal. Like the great earl, Ames rose pale and trembling from illness to address a House angry and divided. Defending himself and the Federal party against the charge of being in English interest, he said, "Britain has no influence, and can have none. She has enough--and G.o.d forbid she ever should have more. France, possessed of popular enthusiasm, of party attachments, has had and still has _too much influence_ on our politics,--any foreign influence is too much and ought to be destroyed.

I detest the man and disdain the spirit that can ever bend to a mean subserviency to the views of any nation. It is enough to be American.

That character comprehends our duties and ought to engross our attachments." Considering the probable influence on the Indian tribes of the rejection of the treaty, he said, "By rejecting the Posts we light the savage fires, we bind the victims.... I can fancy that I listen to the yells of savage vengeance and shrieks of torture. Already they seem to sigh in the west wind,--already they mingle with every echo from the mountains." His closing words again bring Chatham to mind. "Yet I have perhaps as little personal interest in the event as any one here. There is, I believe, no member who will not think his chance to be a witness of the consequences greater than mine. If, however, the vote should pa.s.s to reject, and a spirit should rise, as rise it will, with the public disorders to make confusion worse confounded, even I, slender and almost broken as my hold upon life is, may outlive the government and Const.i.tution of my country." This appeal, supported by the pet.i.tions and letters which poured in upon the House, left no doubt of the result. An adjournment was carried, but the speech was decisive. The next day, April 29, it was resolved to be expedient to make the necessary appropriations to carry the treaty into effect. The vote stood 49 ayes to 49 nays, and was decided in the affirmative by Muhlenberg, who was in the chair. But the House would not be satisfied without an expression of condemnation of the instrument. On April 30 it was resolved that in the opinion of the House the treaty was objectionable.

While Mr. Gallatin in this debate rose to the highest rank of statesmanship, he showed an equal mastery of other important subjects which engaged the attention of the House during the session. He was earnest for the protection of the frontier, but had no good opinion of the Indians. "Twelve years had pa.s.sed," he said, "since the peace of 1783; ever since that time he had lived on the frontier of Pennsylvania.

Not a year of this period had pa.s.sed, whether at war or peace, that some murders had not been committed by the Indians, and yet not an act of invasion or provocation by the inhabitants." In the matter of impressment of American seamen, he urged the lodging of sufficient power in the executive. Men had been impressed, and he held it to be the duty of the House to take notice of it by war or negotiation. In the establishment of land offices for the sale of the western lands he brought to bear upon legislation his practical experience. He urged that the tracts for sale be divided, and distinctions be made between large purchasers and actual settlers--proposing that the large tracts be sold at the seat of government, and the small on the territory itself.