attempt was made, in the House of Representatives, to remedy the evil, by having an alteration in the convention, so as to open the British colonial ports to vessels of the United States, as has been before stated-but it was deemed improper for the House of Representatives to interfere with the articles of the convention, as it had been confirmed by the President and Senate. It was also proposed in the House, early in the present year, (1816,) to remedy the evil, by laying higher duties on the tonnage of vessels and imports from the British colonial ports, than on those coming direct from British ports in Europe. But the proposition did not then meet the approbation of Congress. Efforts, however, were soon after made by the American administration, to negotiate on the subject; but the British government declined all discussion respecting it; yet evidently admitting, that discriminating or countervailing measures, adopted by the American government, would not necessarily be construed as indicating any hostile spirit towards that nation. Early in the session of December, 1816, Congress passed an act imposing additional duties on British vessels and imports from the colonial ports, from which American vessels were excluded by the convention; but not affecting at all the regulations of the commercial intercourse with the ports in Great Britain, as contained in the treaty.

The message gave Congress information of an attack recently made in the Gulf of Mexico, on a public armed vessel of the United States, sanctioned, as was then believed, by the Spanish government; and that a frigate and a smaller vessel of war had been ordered to proceed to the Gulf, for the protection of the vessels and commerce of the United States. But assurances had been given by the Spanish minister, that no orders of his government had been issued, authorizing such attack, nor any other act of a hostile character. It was also stated in this public address of the President to Congress, that friendly relations were maintained with the Indian tribes within the territory of the United States; and that continued efforts would be made to preserve this pacific course of policy towards them. A new organization of the militia was recommended, in order to render that great arm of national defence more efficient, and as being within the constitutional right and duty of the federal government. The establishment of a national university, by Congress, in the District of Columbia, was again recommended. And a suggestion made of the importance of an

* This subject was committed and a report made in favor of such an institution; but did not receive the sanction of the majority of Congress.

adequate provision for the uniformity of weights and measures; which the Constitution had placed in the hands of the national government. Subsequently Congress passed a law for this purpose; and an elaborate report was made on the subject by the Secretary of State, (Mr. Adams.)

The national debt was large, at this time; but the President gave notice of the prosperous condition of the finances of the government: by which it appeared, that the public expenses would be fully provided for, with a surplus of nearly ten millions for reducing the debt which had accrued during the war.

The acts of Congress passed at this session, will show how far the recommendations of the President were approved and adopted by the legislative branch of the governA law was enacted, authorizing the Secretary of the navy, under direction of the President, to cause a survey of the public lands which produced live oak and red cedar,with a view to their reservation, for increasing the navy at any future period. On the subject of navigation, it enacted, that no goods or merchandise should be imported into the United States from a foreign port, except in vessels of the United States, or in such foreign vessels as truly belonged to the subjects of the country, of which the goods were the product or manufacture: That fifty cents per ton be imposed on vessels of the United States arriving from a foreign port, unless the officers and two thirds of the crew were citizens of the United States; and a similar regulation was to apply to fishing vessels: That a duty of fifty cents a ton, be laid on American vessels entering in a district in one State from a district in another State, except the States were adjoining each other; with a provision in favor of such vessels as had three-fourths of their crews citizens of the United States: That a territory constituted by Congress, and having a temporary government by virtue of a previous law of the United States, should have the privilege of electing a delegate to Congress, who should have a right to take part in debate in the House of Representatives, but not to vote. An act was also passed, requiring prompt settlement of all public accounts, and providing for the appointment of five Auditors, and pointing out their separate and particular duties. At this session, a law was also enacted, for the purpose of preserving the neutral relations of the United States; which forbid, under severe penalties, American citizens engaging in any hostilities against the subjects or people of a government at peace with the United States. A marine corps was provided for, on the peace establish

ment, to consist of eight hundred, including officers; which were to be, one Lieutenant Colonel, nine Captains, twenty-four First Lieutenants, sixteen Second Lieutenants, one Adjutant, one Paymaster, and one Quarter-master.

On the first of March, a bill was passed by both Houses of Congress, for appropriating the bonus, which the government was to receive of the United States Bank, to purposes of internal improvements; but was rejected by the President. The bill was supported by some leading members of Congress at that time, who afterwards doubted the constitutional right to make such appropriations. This subject was frequently discussed in Congress afterwards; a portion favoring the system with a view to national prosperity; and others opposing it, from constitutional scruples, except in cases of great and obvious general benefit, and to the execution of which no single State was disposed, or fully competent. One great objection was, the difficulty of deciding on the extent of such appropriations, after the precedent was once established.

[The following was intended as a part of the note at page 227.]

Mr. Marshall, in the Virginia Convention for adopting the federal Constitution, asked, "if gentlemen were serious, when they asserted, that if the State governments had power to interfere with the militia, it was by implication merely." He thought "that the least attention would show they were mistaken. "The State governments did not derive their powers from the general government. But each government derived its power from the people: and each was to act according to the powers given it." He asked "if powers not given were restrained only by implication. Could any one deny, that this power was retained, since they had not given it away. Does not a power remain until it is given away? The State legislatures always had power to govern and command their militia; and have it still, undoubtedly, unless in cases expressly given by the Constitution to the federal government."

In 1812, Mr. Poindexter said, " he thought that we could not constitutionally employ the militia without the territory of the United States; and that no act of Congress could confer such a power on the President,"

Mr. Grundy said, "if the Constitution forbids the President sending the militia out of the United States, how can Congress authorize him to do it by law? But it is said, a volunteer militia-man may authorize the President to send him out of the United States. When the power of making war and raising an army was given to Congress, the militia were retained by the States, except in the particular cases mentioned. How, then, can you permit the militia to engage in the service of the United States, contrary to the provisions of the Constitution; and by that means leave a State unprotected?" The very case, in which the executive of Massachusetts was severely censured for his conduct in 1812.

Mr. Nicholas, of Virginia, said, " Congress cannot call out the militia for any other purpose than to execute the laws, suppress insurrection, and to repel invasion." Mr. Cheeves, of South Carolina, and Mr. Clay, of Kentucky, were in favor of giving the President entire control of the militia, whenever he should consider it necessary for the public safety and benefit.

CHAPTER X.

James Monroe, elected President. His Policy and Measures similar to Mr. Madison. A practical Statesman. Attentive to the Public Finances. Favors Economy in Public Expenses; and urges the strict accountability of the Officers and Agents of Government. Encouragement to Domestic Manufactures. Internal Improvements. Objections to Appropriations for them. Pension Law. Great number of Pensioners. Negotiations with England on Commerce. Disputes with Spain. Florida Controversy. Modification of Pension Law.

JAMES MONROE, of Virginia, entered on the duties of President, March, 1817; having been elected in the manner provided by the Constitution; and generally pursued the policy adopted by his predecessor, in the last year of his administration, and the year after the war. He was favorable to the support and increase of the navy, and recommended fortifications on the seacoast and other measures of national defence. The Secretary of War, (Mr. Calhoun,) was also decidedly in favor of these measures. Mr. Monroe had less scruples on the subject of expenditures for internal improvements, than his predecessor, who doubted that the Constitution had given such power to the federal gov

ernment.

The address made by Mr. Monroe, at his inauguration as President, March, 1817, and his first message to Congress, December following, disclose in some measure the views which would guide him in administering the federal government, as well as his theory of the Union and of the separate States. "Under the federal Constitution, the States respectively are protected against foreign dangers, while they enjoy, by a wise partition of power, a just proportion of sovereignty, and are improving their police, extending their settlements, and constantly gaining strength and maturity."

He spoke of the importance of the Union, and of the interest of the people in every section to preserve it. "The great agricultural interests of the nation prosper under its protection; and local interests, are also fostered by it. fellow-citizens of the north, engaged in navigation, find great encouragement in being the carriers of the produc

tions of other parts of the United States; while the inhabitants of these are amply recompensed, by the nursery for seamen and naval force, thus formed and reared up, for the support of our common rights.-Our manufactures find encouragement by the policy which patronizes domestic industry and the surplus of our produce, a steady and profitable market by local wants, in less favored parts, at home."

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On the origin and nature of the federal government, he says, "the defects of the first instrument of our Unionthe confederation-have been remedied, by infusing into the national government sufficient power for national purposes, without impairing the just rights of the States, or affecting those of individuals.-Had the people of the United States been educated in different principles; had they been less intelligent, less independent, or less virtuous, can it be supposed that we should have maintained the same steady and consistent career; or been blessed with the same success? While then the constituent body retains its present sound and healthful state, every thing will be safe. The people will choose competent and faithful representatives for every department. It is only when the people are ignorant and corrupt; when they degenerate into a populace; that they are incapable of exercising the sovereignty. Usurpation is then an easy attainment, and an usurper soon found. The people themselves become the willing instruments of their own debasement and ruin."

He spoke in favor of measures for protection and defence. against foreign powers-" many of our citizens are engaged in navigation, in commerce, and the fisheries. These interests, as we have seen, are exposed to invasion in wars between other nations; and we should disregard the faithful admonitions of experience, if we did not expect it, and guard against it. We must support our rights, or lose our character; and with it, probably, our liberties. A people who fail to do this, can scarcely be said to hold a place among independent nations."

The attention of the general government to manufactures was strongly recommended; and the opinion expressed that a systematic and fostering care should be afforded to them. Possessing, as we do, all the raw mate

* The mere populace, or rather the mob or the rabble, must here be intended. In a republic the populace are the people, and therefore the source of power. To prevent their being deceived and corrupted, must be the desire of every true patriot.