sent is a case which would justify some notice in order to let them understand we are not of those powers who will receive and execute mandates. I think the an swer should show independence as well as friendship. I am anxious to receive the opinions of our brethren after their review and consideration of the Spanish papers. I am strongly impressed with a belief of hostile and treacherous intentions against us on the part of France, and that we should lose no time in securing something more than a mutual friendship with England."

Two days later (August 27th) he made this full exposition of his views to the Secretary of State:

'Considering the character of Bonaparte, I think it material at once to let him see that we are not of the powers who will receive his orders.

"I think you have misconceived the nature of the treaty I thought we should propose to England. I have no idea of committing ourselves immediately or independently of our further will to the war. The treaty should be provisional only, to come into force on the event of our being engaged in war with either France or Spain during the present war in Europe. In that event we should make common cause, and England should stipulate not to make peace without our obtaining the objects for which we go to war, to wit: the acknowledgment by Spain of the rightful boundaries of Louisiana (which we should reduce to our minimum by a secret article); and 2, indemnification for spoliations, for which purpose we should be allowed to make reprisals on the Floridas, and retain them as an indemnification. Our cooperation in the war (if we should actually enter into it) would be sufficient consideration for Great Britain to engage for its object; and it being generally known to France and Spain that we had entered into treaty with England, would probably ensure us a peaceful and immediate settlement of both points. But another motive, much more powerful, would indubitably induce England to go much further. Whatever ill-humor may at times have been expressed against us by individuals of that country, the first wish of every Englishman's heart is to see us once more fighting by their sides against France; nor could the king or his ministers do an act so popular as to enter into an alliance with us. The nation would not weigh the consideration by grains and scruples. They would consider it as the price and pledge of an indissoluble friendship. I think it possible that for such a provisional treaty their general guarantee of Louisiana and the Floridas. At any rate, we might try them. A failure would not make our situation worse. If such a one could be

obtained, we might await our own convenience for calling up the casus fœderis. I think it important that England should receive an overture as early as possible, as it might prevent her listening to terms of peace."

The following, to same (September 16th), discloses all that is further necessary to exhibit the President's policy towards the powers named:

"The inclosed letter from General Armstrong furnishes matter for consideration. You know the French considered themselves entitled to the Rio Bravo, and that Laussa declared his orders to be to receive possession to that limit, but not to Perdido; and that France has to us been always silent as to the western boundary, while she spoke decisively as to the eastern. You know Turreau agreed with us

that neither party should strengthen themselves in the disputed country during negotiation; and Armstrong, who says Monroe concurs with him, is of opinion, from the character of the Emperor, that were we to restrict ourselves to taking the posts on the west side of the Mississippi, and threaten a cessation of intercourse with Spain, Bonaparte would interpose efficiently to prevent the quarrel from going further. Add to these things the fact that Spain has sent five hundred colonists to St. Antonio, and one hundred troops to Nacogdoches, and probably has fixed or prepared a post at the Bay of St. Bernard, at Matagordo. Supposing, then, a previous alliance with England to guard us in the worst event, I should propose that Congress should pass acts, 1, authorizing the Executive to suspend intercourse with Spain at discretion; 2, to dislodge the new establishments of Spain between the Mississippi and Bravo; and 3, to appoint commissioners to examine and ascertain all claims for spoliation that they might be preserved for future indemnification. I commit these ideas merely for consideration, and that the subject may be matured by the time of our meeting at Washington, where I shall be myself on the 2d of October."

1

But new events were suddenly to change the current of our foreign relations. The battle of Trafalgar was fought October 21st, 1805. This left Napoleon in no condition to dictate terms to trans-oceanic powers. England had formed a close alliance with Russia, and the "conquest" of Trafalgar made her absolute and undisputed on the seas. She now less needed the kind of assistance the United States could render her, and had no apprehension of any injury they could inflict upon her. Nor could an alliance or coöperation of the United States with France and Spain thenceforth in the least either endanger, or hold in check, her overwhelming naval supremacy.

Since the peace of Amiens, American commerce had rapidly increased. The recent European war had enormously swelled our carrying trade. The last was at the expense of English shipping interests. England, therefore, had two inducements to fall on our commerce-the one, to gather the harvest of present plunder, the other to destroy competition then and in future. To secure these objects was more important to her than our friendship or our enmity, and therefore it was unhesitatingly determined upon.

Henceforth Spain was comparatively powerless against the United States; Napoleon could not reach us with his arms; and England assumed the position of our most encroaching and dreaded enemy. The former posture of things was exactly reversed. Even before the battle of Trafalgar, Great Britain had be

1 Lord Nelson was wont to thus term his far less decisive victory of the Nile.

gun to revive old pretensions-those she had set up in the Seven Years' war-against neutral commerce. A number of our vessels had been condemned in her Admiralty courts on strained constructions of maritime law. If we had been compelled to ask her alliance against Napoleon, it may be regarded as doubtful whether we could then have secured it without the most injurious maritime concessions.

Our commerce had suffered annoyances, during 1805, from other quarters besides England. The character and extent of these will be found sufficiently adverted to in the President's message at the meeting of Congress. But towards the close of that year, we had no further serious maritime difficulties to apprehend from any power but the haughty and now undisputed mistress of the seas.

The ninth Congress assembled on the 2d of December, 1805. In the Senate, Nicholas Gilman became the successor of Olcott from New Hampshire; James Fenner of Ellery, from Rhode Island; Aaron Kitchell of Dayton, from New Jersey; James Turner of Franklin, from North Carolina; Buckner Thurston of Brown, and John Adair of Breckenridge, from Kentucky; and Daniel Smith of Cocke, from Tennessee. All the new members were Republicans, and two of them, Gilman and Kitchell, succeeded Federal incumbents, so that the latter party retained but seven representatives in the Senate.

Nearly all the leading Republican members of the late Congress had been reëlected. Among the new ones on the same side, were Daniel D. Tompkins, afterwards Governor of New York and Vice-President of the United States; George Clinton, Jr., a nephew of the Vice-President; and Gurdon S. Mumford, all of New York. Tompkins did not, however, take his seat, having been appointed a judge of the Supreme Court of his State. The Federalists had not more than twenty-five members, and these were mostly from New England. But they had suffered material losses in New England-ten of the seventeen Massachusetts representatives now belonging to their opponents. They had, however, again carried the Boston district, and elected Josiah Quincy as the successor of Doctor Eustis. Dana, John Cotton Smith, and Davenport appeared from Connecticut; and these, with Quincy, were the most prominent Federalists in the House.

Macon was again elected speaker, after a close contest, over Varnum.. The Federalists supported John Cotton Smith.

The President's Message, after alluding to the recent ravages of the yellow fever in two of our cities, and making some suggestions in relation to the quarantine regulations, proceeded to unfold the state of our foreign relations. He thus alluded to the recent depredations on our commerce:

"Since our last meeting, the aspect of our foreign relations has considerably changed. Our coasts have been infested and our harbors watched by private armed vessels, some of them without commissions, some with illegal commissions, others with those of legal form, but committing piratical acts beyond the authority of their commissions. They have captured in the very entrance of our harbors, as well as on the high seas, not only the vessels of our friends coming to trade with us, but our own also. They have carried them off under pretence of legal adjudication, but not daring to approach a court of justice, they have plundered and sunk them by the way, or in obscure places where no evidence could arise against them; maltreated the crews, and abandoned them in boats in the open sea or on desert shores without food or covering. These enormities appearing to be unreached by any control of their sovereigns, I found it necessary to equip a force to cruise within our own seas, to arrest all vessels of these descriptions found hovering on our coast within the limits of the Gulf Stream, and to bring the offenders in for trial as pirates.”

He added that "the same system of hovering on our coasts and harbors under color of seeking enemies," had been carried on also by public armed ships; and that new principles had been interpolated into the laws of nations by which "a belligerent took to itself a commerce with its own enemy which it denied to a neutral." He declared that reason revolted at this inconsistency, and that our interests "imposed on us the obligation of providing an effectual and determined opposition to a doctrine so injurious to the rights of peaceable nations."

He stated that Spain had refused to pay for old admitted spoliations, and continued to commit new ones-that she obstructed our commerce in the Mobile-refused to accede to propositions for amicably adjusting the boundaries of Louisianaand had recently made inroads into and seized and plundered some of our citizens in portions of the territory which she had before delivered up. He had therefore ordered our troops on that frontier to protect our citizens and "repel by arms any similar aggression in future."

He thought, in the case of all the offending powers, we ought still to hope for peace, but "he could not but recommend

such preparations as circumstances called for." He proceeded to enumerate these:

"The first object is to place our seaport towns out of the danger of insult. Measures have been already taken for furnishing them with heavy cannon for the service of such land batteries as may make a part of their defence against armed vessels approaching them. In aid of these it is desirable that we should have a competent number of gunboats; and the number to be competent must be considerable. If immediately begun, they may be in readiness for service at the opening of the next season. Whether it will be necessary to augment our land forces will be decided by occurrences probably in the course of your session. In the meantime, you will consider whether it would not be expedient, for a state of peace as well as of war, so to organize or class the militia as would enable us, on a sudden emergency, to call for the services of the younger portions, unencumbered with the old and those having families. Upward of three hundred thousand ablebodied men, between the ages of eighteen and twenty-six years, which the last census shows we may now count within our limits, will furnish a competent number for offence or defence in any point where they may be wanted, and will give time for raising regular forces after the necessity of them shall become certain; and the reducing to the early period of life all its active service cannot but be desirable to our younger citizens, of the present as well as future times, inasmuch as it engages to them in more advanced age a quiet and undisturbed repose in the bosom of their families. I cannot, then, but earnestly recommend to your early consideration the expediency of so modifying our militia system as, by a separation of the more active part from that which is less so, we may draw from it, when necessary, an efficient corps fit for real and active service, and to be called to it in regular rotation.

"Considerable provision has been made, under former authorities from Congress, of materials for the construction of ships of war of seventy-four guns. These materials are on hand subject to the further will of the legislature.

"An immediate prohibition of the exportation of arms and ammunition is also submitted to your determination."

He alluded to the successful termination of the war with Tripoli-praising the conduct of Eaton; and to the apparently favorable condition of our negotiation with Tunis.

He recommended that the existing limitation of the number of frigates to be kept in service in time of peace, and of their crews (to two-thirds their regular complement), be changed to a limitation of the number of seamen employed in the whole service, so that the ships in commission could be fully manned if the occasion should require.

After adverting to the favorable situation of our Indian rela-tions and to certain new treaties of purchase, he took up the subject of the finances, and stated that after meeting all other demands, about two millions had been paid during the current