gunboats, and two hundred and fifty thousand dollars appropriated for that object-an additional sum was now voted to increase these means of protection and defence-an act was also passed for raising eight additional regiments of regular troops; for detaching one hundred thousand of the militia to be apportioned, by the President, among the several States; and for arming the whole body of the militia 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 belonging 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 jurisdiction 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, of 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 misdemeanor; but no conviction was had, and the case was discontinued or postponed. In November, 1807, a committee 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 committee, declaring, "that, by his participation in the conspiracy of Aaron Burr, Mr. Smith was guilty of conduct incompatible 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 made a question,

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 concern in the conspiracy. Near the close of the session, and after many days being occupied on 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 constitutional 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 inefficiency 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 Constitution 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 formed occupation for hundreds of thousands of 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 to be trifled with; a commerce 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 my 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

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 conflagration, 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 willing 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 belligerents 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 every 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 produced by the measure to the commerce and navigation of the United States, and its impotency as a means of annoyance or of coercion to the belligerent powers of Europe. But the eloquence and the arguments of the patriotic senator produced no effect, at the time, on the national councils, 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 originally given to it. We have the satisfaction however to reflect, that in return for the privations imposed by the measure, and which 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 constant and strong. Some able statesmen deemed the measure unconstitutional; still 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.

demonstrated to foreign nations, the moderation and firmness which govern our councils, and to our citizens the necessity 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 independence."

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 States, 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 Congress that he had not deemed it necessary to call for detachments of the militia, as he had been authorized; but he expressed an opinion, that in the following year it might be proper to have them in readiness for effective service. He had, however, given orders for raising an additional military force, and had appointed as many officers for that object as appeared to be necessary. The seacoast had also been fortified 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 will 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 themselves and their predecessors, since my call to the administration, and the many indulgences experienced at their hands and the same grateful acknowledgements are due to my fellow-citizens generally; whose support 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 intention and that the advancement of their rights and interests has been the constant motive for every measure.

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 patriotic citizens in the United States. The principal charges made against him were, an early dislike to the federal Constitution; an undue attachment to France, during the war between that nation and 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 disposition towards commerce and a navy; and a dangerous theory respecting the judicial department of the government, as if it should not be independent of the chief magistrate, or of an accidental and temporary majority in the legislature. Perhaps his political opponents sometimes charged him unjustly or uncandidly. But before he came into office, as President, he had given 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 antirepublicanism. He had thus exposed himself to the criticisms 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 illustrious predecessors. Nor can it be any more justly doubted, that his political opinions and conduct served to lessen, in some measure, the stability and permanency of the republic; by emboldening visionary 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 formation of the federal government, selected most of them to fill offices of honor and profit.