.

The Constitution declares that there should not be more than one Representative in Congress for every thirty thousand inhabitants of each State: and that there should be an enumeration at an early day, under the federal government. 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 different, and such as many believed not authorized by the Constitution; which was to take the whole number of inhabitants, 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 government, and produce a consolidation of the States, and all distinct lines of separate State governments. It was insisted, that the Representatives must be chosen by the people of each State separately considered, and not by fractions of two or three States united to elect one. And in fact, that no State could have more than one Representative 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, before the bill was passed. And when it was submitted to the President for his approbation, he declined giving it his 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 proposed 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

thousand." The act which was soon after passed on this subject, provided for one Representative for every thirtythree 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 approved, 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 Parliament, and gave notice also, that the British would carry the order into execution; which, being of equivocal 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 interdicting clause, instead of prohibiting commercial intercourse with all British ports, as appeared at first to be intended, 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 declaration made by the British, of a friendly spirit towards the United States, were sincere. This Act of Parliament forbid the importation into any British ports of goods and products of Africa, Asia, and America, except in vessels owned and manned by British subjects; and had a principal design 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.

The conduct of the British government at this time, gave indications of a jealous, not to say, unfriendly spirit, towards 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 opinion, 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 countries, 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.

7

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 Policy, Censorious and Abusive. His understanding with England and France, 1793. French Minister and his Improper Conduct. Neutral Position taken by Washington. Censures on this Policy. Genet Recalled. His Successor, Chargeable with little less Improper Conduct. British Aggressions. 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 desirous 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 desirous of keeping peace and maintaining commercial intercourse with that nation: and the anti-federalists as being unduly attached to the French nation, or most fearful of incurring its displeasure,-and for a period 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 amicable terms with each of those powerful nations, and conducted with remarkable impartiality in this trying period. But he did not entirely escape the animadversions of those who were under the influence of improper prejudices and partialities. In his public speech to Congress, at the open

ing of this session; the President expressed his regret, that the war by the Indian tribes on the western frontiers continued, 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 effectual; but, that his repeated attempts to preserve peace, though on favorable terms to the tribes, had been unavailing; 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 settlements 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." 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 spirits 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 government, for 1789, 1790, and 1791, amounted to 3,797,500 dollars; the amount collected and received, 4,771,350 dollars; leaving a balance in the treasury, at the close of 1791, of 973,905 dollars.

The

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