CHAPTER IV.

Third Congress, December 1793. Fears of War with England or France. President's Speech. Debts of the Separate States. Comparison of them. Mr. Jefferson resigns his Office as Secretary of State. Judge Jay's Special Envoy to England. Jealousy of that Nation. Portugal. Algerine Depredations. Embargo. Regular Troops of the United States Increased. Difficulty with Spain. Discontents and Opposition in Pennsylvania. Firm and Mild Measures of Federal Executive. Second Session of Third Congress. Power over Militia. Discipline of them. Reduction of Public Debt Urged. Opposition to the Administration.

WHEN the third Congress met, December, 1793, (consisting of about 110 members,) the public mind was highly anxious respecting the destiny of the country; through fear of a war with France or England, against both which there was just causes of complaint, and by the excitement of national pride and honor, at the highly improper interference of the French minister with the measures of the federal government. The speech of the President to the national legislature, on this occasion, "was moderate, firm, dignified and interesting." He first referred to his re-election, to which, he said, he had consented by the pressing request of many of his most judicious friends, contrary to his own inclination; and he expressed the hope, that his services might be useful and acceptable to his fellow-citizens. He then referred to his proclamation of neutrality in the present crisis, as he deemed it an imperious duty to admonish the citizens of the consequences of a contraband trade, as well as of all hostile acts towards either of the belligerent nations in Europe. He recommended that the country be put in a state for efficient defence against any foreign invading foe; and he also referred to the very improper and offensive conduct of the French minister near the United States.

The answer of both Houses of Congress were expressive of their entire confidence in the upright views of the President, and of the correctness of the measures which he had adopted. And while strong feelings of indignation were displayed by the majority respecting the extraordinary conduct of the French minister, as disclosed by the Pres

* Marshall.

ident, no one appeared so lost to sentiments of national honor, or a regard to the welfare of the country, as publicly to offer any apology for him. Anonymous writers in some newspapers, however, vainly attempted to justify or to excuse his conduct.

During this session, the Commissioners appointed to examine and adjust the accounts of the several States, for expenses and advances in the war of the Revolution, made a report to Congress; in which was stated the balances due to each. The creditor States were seven; Massachusetts and South Carolina had the greatest claims, amounting to 1,200,000 dollars each; the other creditor States were Connecticut, New Hampshire, Rhode Island, New Jersey, and Georgia; all the other were debtor States.

When the act for an excise, or duty, on carriages was discussed, it was objected that it would operate unequally; that it was of the nature of a direct tax; and should, therefore, be imposed on all; and that no tax but of this character could be constitutionally collected. Mr. Sedgwick, of Massachusetts, maintained that the Constitution, not only allowed Congress to lay duties and imposts, but taxes and excises; that direct taxes were to be laid according to the ratio of population; but that an excise was rather of the nature of imposts, as it was raised, not on articles of necessity, but of superfluity and luxury, and was therefore voluntary; and that an excise on pleasure carriages was as proper as a duty on wine or tea, and would fall only on the rich. The real objection, with many, to this mode of raising a revenue, was, that it had been proposed by the Secretary of the Treasury, Mr. Hamilton, in his report, all whose plans were opposed by certain members of Congress. It was also popular to clamor against an excise; the name even being odious to the people in most parts of the country.

Towards the close of the year 1794, Mr. Jefferson, the first Secretary of State, resigned his office, and retired from the administration of the federal government. He had entertained different views from the President and the majority of the Cabinet, on some of the most important measures proposed and adopted by Washington. It was also supposed that he was induced to this act by finding that Mr. Hamilton, the Secretary of the Treasury, had more influence with the President than himself. By the request of General Washington, Mr. Jefferson remained in office several months, after he tendered his resignation. Washington was under an undue influence from no man; but he considered the

plans and views of the Secretary of the Treasury, and of War, more correct for vindicating the honor and welfare of the United States, than those of Mr. Jefferson and Mr. Madison. General Knox, the Secretary of War, had no unpleasant collisions with, nor personal jealousies of the Secretary of State, but he had perfect confidence in the patriotism and wisdom of the President.

In April, 1794, the President nominated to the Senate, John Jay, then Chief Justice of the Supreme Court of the United States, as Envoy Extraordinary to the Court of London; and he expressed his opinion to that body, that the crisis demanded such a measure-that he had no want of confidence in the minister from the United States then near the British Courts, (Mr. Pinckney of South Carolina,) but that a special Envoy might have an additional influence with the government of England; and that if he were unsuccessful in his efforts to preserve peace, and to induce that nation to do justice to the United States, the duty of a resort to force, in defence of our rights, would be manifest to the world, and that but one opinion would prevail among the American people on the subject.

In addition to the reasons for such a mission, to which reference has already been made, a peace had taken place, by the advice and influence of the British ministry, between Portugal and the Dey of Algiers-and the vessels of the latter were thus at leisure to depredate on the commerce of the United States. They took several vessels belonging to American citizens, confiscated the cargoes, and imprisoned the crews, or obliged them to work in their gallies. So jealous were many persons in the United States, at that period of the inimical disposition of England towards this country, that they attributed the peace between Algiers and Portugal to a design in the British Cabinet to harass and distress the navigation and trade of America. This, however, was disavowed by the British ministry, and probably was not a premeditated plan. But no one who was impartial in his feelings, could hesitate to acknowledge, that the Court of London was disposed to find a plea for imposing restraints on the commerce of the United States, whether it were in friendship to other nations, or from hatred to France, with which it was at war.

In the dispute with Spain at this period, the interests of the United States, especially of the western parts, on the Mississippi, were deeply involved; and the citizens of the newly formed State of Kentucky, complained that their rights were not duly regarded by the government. They

meditated an attack on the Spanish settlements on that river; to which they were instigated or encouraged by M. Genet, the French minister. They were even more unreasonable in their complaints, and more precipitate in their movements than the people of Maine, at a very recent period. They resolved on the enterprise, and made preparations to conduct it, without consulting the federal executive; thus hazarding the peace of the United States for their own peculiar interest. Efforts had long been previously but unsuccessfully made to form a treaty with Spain, respecting the bounds between her territory on the Mississippi and the United States. In 1794, Mr. Pinckney, then resident minister at the British Court, was sent to Madrid, and in a few months agreed on a treaty with the Spanish government, which was accepted and exchanged in 1795, by which the controversy was happily adjusted, and the free navigation of the Mississippi was secured to the citizens of the United States.

The dangers, which then threatened the United States, both from England and France, neither of which discovered a friendly, or conciliating spirit towards this country, had induced the President to recommend measures for defence, should the exigency unfortunately occur to make such preparation proper. During the first session of the third Congress, and in April, May, and June, 1794, several acts were passed for this purpose. The depredations on commerce were so great, that an embargo was laid in April, for the term of thirty days; and at the expiration of that period, for thirty days more. And before Congress adjourned, which was in June, a law was passed authorizing the President to impose and revoke embargoes, during the recess of the federal legislature, and to extend only fifteen days after the beginning of the next session. An Act of Congress was passed at this session, for raising seven hundred and sixty officers and privates, for artillery and engineer corps, should the executive please to adopt such a measure. And the President was also authorized to call on the Governors of the several States for the militia, if circumstances should render it necessary for the defence of the country, to the number of eighty thousand in the whole. But it was provided, that each State executive or authority should appoint the officers of the militia. Authority was likewise given the President to repair and erect fortifications at various points on the Atlantic seaboard, from Portland to Savannah, and sixteen places were named for that purpose. He was further empowered to build or

purchase ten vessels of war for defence. An augmentation of duties on some imported goods was laid at this session; and an excise on pleasure carriages; on the retail of wine and foreign distilled spirits; and on sales at auction. By this Congress also, an act was passed in June, declaring it to be a crime against the United States, with heavy penalties annexed, for any citizen to accept and exercise a commission to serve a foreign Prince or State, in war, by land or sea; or for any person, within the territory or jurisdiction of the United States, to enlist or enter himself, or to hire or retain another person to enlist and enter himself in the service of any foreign Prince or State; or to convey him beyond the limits of the United States, so to enlist and enter on board any vessel of war, privateer, &c. The fitting out of vessels in the ports and harbors of the United States, or giving commissions to persons to command them, which were intended to commit depredations, on other nations or subjects thereof, were also constituted crimes or high misdemeanors. While the bill for this purpose was before Congress, it met with warm and powerful opposition from those who were friendly to the French nation, and wished to unite the destiny of the United States and France in the great cause of liberty, and who had disapproved of the neutral policy of the President. In several stages of the passage of the bill, the number in the Senate against was the same as that for it, and was decided by the vote of the Vice President, who is allowed to give a vote only when the Senate is divided on any question. The bill was at last passed by his casting vote; and, but for a singular circumstance, the vote would have been against it by a majority of one.*

Before M. Genet, the French minister, was recalled, besides other highly improper acts, as interfering with the measures of the President, directing the arming of vessels in the ports of the United States, and giving commissions to persons to command them, to capture British vessels; he projected an attack on the Spanish territory and settlements on the Mississippi, and instigated a number of the citizens of the Union to engage in the enterprise without any authority from the federal government, and at the direct hazard of a war with Spain. He sent agents to the new State of

* Mr. Gallatin was then a Senator from Pennsylvania. But his seat was declared vacant a very short time before the vote on the bill; it having been objected and proved that he had not been a citizen of that State for the number of years required by the Constitution.