ries of the 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 Directory, and of receiving some 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 communications from the Directory, as he could not agree to any terms proposed, compatible with the dignity, honor or interests of the United States. Agreeable to instructions from 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 America by the United States, was not obligatory upon the federal government, in consequence of numerous injuries in flicted by the rulers of that nation on the American commerce, and of other violations of the treaty on their part. This was considered an extraordinary act, as the treaty-making power was exclusively vested in the President and Senate; but it was contended, that the Constitution did not forbid the legislature from annulling a treaty, which had been repeatedly violated by the other contracting power. The treaty with France had been made by Congress under the confederation, which no longer existed; and as the Constitution 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 Congress was as follows," Whereas the treaties concluded between the United States and France, have been repeatedly 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 to 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 of a free and independent nation,—therefore}&c."

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 subdue 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 conciliation, French ships of war were depredating on American commerce; and that a vessel bore the flag of the United States, was sufficent 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 Directory 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 authorized to organize twelve additional regiments of infantry, 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 increase national expenses, there was a very general expression of approbation by the people in every part of the Union.

When the French Directory perceived that the government of the United States was not to be intimidated into submission to their plans, and would not sacrifice the interests 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 sentiments 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 revolution held out at an early period; but they had no respect or sympathy for the

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 accredited, and diplomatic intercourse be held with them. On this intimation, the President promptly expressed a readiness to institute another embassy to the French government. For though he had declared, on the rejection and ill treatment of the former envoys, that he would not appoint others until he had assurances they would be received as the representatives of a free, powerful, and independent nation, he was not indisposed to meet overtures from the rulers of France for renewing negotiations.

Such a measure could not justly be considered inconsistent with the declaration previously made, under the circumstances 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 a powerful nation, the friendly ally of the United States, at a period of extreme difficulty and danger. The only question which arose was, whether the intimation given, and the manner in which 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 appointed; 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 to the President that propositions 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 Minister, 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 hesitated to approve the nomination; he then named two others to be joined with Mr. Murray in the

French rulers in 1796, '97, and '98; and their attachment to their own government and to the liberty and honor of their country led them to strong resolutions in support of the administration. The most patriotic addresses were presented to the President from all parts of the Union, tendering their support of the measures for defence adopted by Congress and by the executive.

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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 November, 1797, continued to 26th of July, 1798. And several important laws were passed, having reference to the critical state of the country,-for the protection of navigation, for maintaining neutrality, for defence of the seacoast, in the event of an invasion,† 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.t

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. Davie, of North Carolina. And Judge Ellsworth was the first named of the three. Patrick 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 absolute necessity could induce me to withhold my feeble aid from an administration, whose abilities, patriotism, and virtue, deserve the gratitude and reverence of all their fellow-citizens."

The places designated to be fortified, were Boston, Newport, New York, Baltimore, Norfolk, Charleston, and Savannah,

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 river in Maine, and granting authority to lay a duty on vessels, for reimbursing the expenses of erecting and maintaining it. The case 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.

mission to the merchants to arm their vessels in self-defence, 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 station. But it was doubtful, whether he would accept, at his time of life, and with his known predilection for retirement the residue of his days. And it was a matter of delicacy, 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 disinterested disposition for its welfare, which had induced him to take command of the American army, in 1775, and to undertake the difficult and arduous duties of Chief Magistrate of the Union, in 1789, still animated his breast: And he consented to receive the commission from the President, as Lieutenant General and Commander-in-Chief, of the army, then proposed to be raised; on the condition, however, 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 propriety of the polioy which had been pursued by the federal 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 military officers, who re