. t ^Sii33^!Jifc5t3il3fcS^^ REESE LIBRARY OF THE UNIVERSITY OF CALIFORNIA. Class r <?- Kngraved by J B Longacre from a Painting by B. Otis after the Portrait by G. Si Dinted by H Quig- - THE HISTORY OF THE ADMINISTRATION OF , esiq LATE PRESIDENT OF THE UNITED STATES BY JOHN WOOD, Author of the Hiftory of Switzerland, and Svvifs Revolution. NEW-YORK PRINTED OF THE 1802. C*. . HISTORY THE ADMINISTRATION OF JOHN ADAMS. CHAPTER I. Introductory Remarks. ...Biography of Mr. Adams.... Reviezv of his Political Tenets. ...Causes of his Election. THE United States of America enjoyed, under the administration of the illustrious Washington, all those advantages which result from the prudent policy of a virtuous magistrate. The peaceful sys tem which he pursued, repaired, in a great measure, the injuries sustained by a long and expensive civil war. His interests and passions were the same as those of the people, and a constant communica tion of good offices kept alive their attachments. During the first four years of the present confede racy, the second station of executive public em ployment, and all of the third grade, remained in A 2 THE ADMINISTRATION the same hands ; nor did any changes take place in the more subordinate, but from voluntary resigna tion and death. The public debt decreased in a much greater proportion than ever was known to take place in the same period, in any nation of the \vorld. ...the expences of government were also much less, in proportion to wealth and numbers, than those of any kingdom in Europe. Affairs re mained in this prosperous state until the conclusion of Jay s Treaty., which the growing propensity for commerce and interest had effected. Then, for the first time, those generous maxims of liberty which had established our independence, were -observed to suffer.. ..our towns and villages were im mediately stocked with British agents, Nova-Sco- tian tories, and French royalists. ...the epithet of royalist became a distinction more powerful than merit, and the name of republican the most odious of titles. The voluntary resignation of Washing ton, who, probably, perceived the disorders which were to follow, and the election of a monarchical President, gave a four years triumph to this Hydra of despotism. Before I relate the tyranny and cor ruption which disfigured this period, it may not be improper to give a short account of the life of Mr. Adams, his political tenets, and the in cidents attending his election. This will form the design of the present chapter. John Adams was born at Braintree, in Massa chusetts, the 19th of October, 1735. General re port states his father to have been a shoemaker. OF JOHN ADAM S. 3 and the descendant of a Scotch family who emi grated to Massachusetts Bay about 1650. Young Adams is also said to have prosecuted, for several years, the same business ; until, by the advice cf his uncle, who was a village schoolmaster, he ap plied himself to the study of letters, and relinquish ed the occupation of Crispin. In the year 1755 he taught a school near Braintree, and continued in * this sphere of life for several years. At what pe- riud he commenced the study of law is uncer tain...^^ only know that on the 5th of March, 1770, he advocated the cause of monarchy at Boston;, in the case of Captain Preston, who barbarously put to death several citizens of that town. Dr. Morse, inja^saort biography which he has given of Mr. Adams, has the following particulars respecting this trial : " The cause of Captain Preston was most unpopular. The whole town had been in a state of irritation on account of the conduct of Governor Hutchinson, and the troops which were stationed in it. ...their resentment now burst into a flame. ..but he felt the cause to be a just one ; and the danger of incurring the displeasure of his countrymen could not deter him from undertaking it. He con ducted the cause with great address, by keeping off the trial till the passions of the people had time to subside. The trial at length commenced, and lasted several days, during which, he displayed the most extensive knowledge of the laws of his coun try, and of humanity ; and, at the conclusion, he had the satisfaction of proving to Great-Britain 4 THE ADMINISTRATION herself, that the citizens of Massachusetts would be just and humane to their enemies, amidst the grossest insults and provocations." Captain Pres ton was acquitted. Mr. Adams was afterwards elected a member of the first Congress, in 1774, and certainly assist ed at bringing about the memorable resolution of the 4th of July, 1776, which declared the Ame rican Colonies free, sovereign, and independent States. Having been, for a considerable length of time, one of the commissioners of the War-department, and a principal suggestor of the terms to be offered to France, for forming a treaty of alliance and commerce, he was sent to the court of Versailles, along with Franklin and Lee, as Ministers Pleni potentiaries of the United States, to consummate that important business. On his return from France, he was called upon by Massachusetts to assist in forming a plan of government ; and this State is, without doubt, indebted to Mr. Adams, both for the excellencies as well as imperfections of its pre sent constitution. When this business was completed, he return ed to Europe, vested with full powers from Con gress, to assist at any conference which might be opened for the establishment of peace; and he soon after received other powers to negociate a loan of money for the use of the United States; and to represent them as their Minister Plenipo tentiary, to their High Mightinesses the States General of the United Provinces. OF JOHN ADAMS. 5 While in Europe, Mr. Adams published his Defence of the Constitutions of Government of the / United States of America. To ascertain the politi cal creed of Mr. Adams, it is only necessary to con sider a few passages in the preface to this elabo rate compilation. According to Mr. Adams, a mo narchy, limited by an aristocratical and a democrat-/ ical power in the constitution, is the most perfect government of any. "The English," he says, " by blending together the feudal institutions with those of Greece and Rome, have made that noble com position which avoids the inconveniencies and re tains the advantages of both; and that it would be the height of folly to go back to the institutions of Woden and Thor and of the ancient Germans, after knowing the History of England." Hume and Robertson, he asserts, have given such admirable accounts of the feudal institutions, and their conse quences, that it would have been, perhaps, more dis- creet in him to have referred to them, without say ing any thing upon the subject. As the principles of Mr. Adams respecting government, are erected upon the feudal system, ^ and as the theory which he has adopted con cerning that system, appears, by his own confession, to be drawn from Hume and Robertson, it is on ly necessary, in order to expose the fallacy of the political structure which Mr. Adams has raised, to detect a few ofthe leading errors of these writers. Hume and Robertson, it is well known, were the slaves of a faction, and that they meanly pros* 6 THE ADMINISTRATION" tituted their talents to vindicate tyranny, and de stroy the rights of their nation. ...they dwell on what they term the aris,tocratical genius of ancient times. ...they take a pleasure in painting the power of the Saxon nobles, and in displaying the abjectneas of the people of ancient Britain. From a view of paying a compliment to royalty, they af fect to consider the Norman invasion as the proper sera of the British constitution; and William the Robber, as the founder of English liberty. Mr. Hume says "none of the feudal governments in Eu rope had such institutions as the county courts, which the great authority of the Conqueror still re tained from the Saxon customs. ...all the freehold ers of the county, even the greatest barons, were obliged to attend the sheriffs in these courts, and to assist them in the administration of justice." In every feudal kingdom, however, notwith standing this strong affirmation, the comes was known and the comitatus. The comitatus, or county, was the territory or estate of the comes ; and the court he held, and in which he presided, was the county court, to which the freeholders and feudators were called, and acted as assessors or Judges." * Mr. Hume says in another place, " that the great authority of the Conqueror retained the coun ty courts, from the Saxon customs." He thus in fers that these courts were favorable to the royal authority. The fact, however, is exactly the reverse, * Dr. Gilbert Stuart s View of Society in Europe, OF. JOHN ADAMS. 7 The greater jurisdiction there is in the nobles and the people, the more limited is the prerogative of princes. The county courts were eminent and for midable supports of the liberty of the subject ; nnd instead of giving them encouragement, it was the interest of the Conqueror to employ his great authority in their suppression. Mr. Hume, notwithstanding a variety of autho rities which oppose his assertions, expresses himself to the following purpose. (Appendix 2d, to the History of England.) " The great similarity among all the feudal governments of Europe is well known to every man that has any acquaintance with an cient history ; and the antiquaries of all foreign countries, where the question was never embarrass ed by party disputes, have allowed, that the com mons were very late in being admitted to a share in the legislative power." The learned work of Archbishop Hincmar, De Ordine Palatii, places this matter in a very differ ent light ; and the Abbe Mably, who copies and comments upon it, acknowledges the supreme power of the assemblies of the ancient Germans and Saxons, selects examples of it, and of the inter ference and consideration of the people. In fact, nothing of any moment or value, in peace or in war, could be done without their approbation. Their assemblies, however, were very different from the Elats Generaux of after times, when the rights of the people were insulted, and the legislative power came to reside in the sovereign..,, yet it is not unco;"- THE ADMINISTRATION mon to confound them ; and on the foundation of this error, improper conclusions have been inferred against the commons of England. While liberty and the deputies of the people made a figure, and while the prerogative of the sovereign was restrained and directed by nation* al councils and assemblies, in the other countries of Europe, it appears the height of wildness to conclude, as Hume has done in his History of Eng land, and Robertson in his plausible introduction to the History of Charles V. that in Britain, the inhabitants w T ere in a state of slavery ; and that the mandate of the Prince was law. His condition, t:o far from being despotic, was every moment ex posed to danger and insult. , He might be depo sed fora slight offence. ...he was elected to his of fice. ...and his coronation oath expressed his sub jection to the community, and bound him to pro tect the rights of his subjects. The Anglo-Saxon laws are proofs, that instead of governing by his will or caprice, he was under the controul of the national assembly. In the pre ambles to them, we find that the wltes or sapientes, were a constituent branch of the government. The expression, seniores sapientes popidi mei, is a part of the prologue to the ordinations of King Ina, anno 712. And these sapientes populi, or deputies of the people, appear in the laws of other princes of the Anglo-Saxons. By a curious testimony, it is even obvious that the word sapientes must have meant the commons* OF JOHN ADAMS. 9 In the supplication del County de Devonshire to Edward III. there are these expressions: " Que luy please par Vavys des prclats, countees, barons, et mitres sages in cest present parliament qrdeiner, <Sfc. The bishops, the earls, barons and other sages,, in this present parliament, ordain. * This supplication is printed in the 4 Inst. p. 232, in the reign of the third Edward : from the autres sages expressing the commons, it may surely be decisively infer red that sapiejites had the same meaning in older times. In fact, the expressions that denote the Anglo- Saxon assemblies, allude to their nationality. "Com mune concilium, converdiis omnium., concilium cleri et populi, omnium principium et omnium sapientum conventus, &~c. The common council", the general assembly, the assembly of the clergy and people, the convention of all the chiefs and all the wise men," are appellations which mark forcibly the interference and assistance of the commons. Dr. Robertson has, with more art, although not with equal force of thought and reasoning, incul cated the same opinions as Mr. Hume. The for mer was better versed in Jesuitical intrigue, the latter deeper founded in metaphysical argument. They both employed themselves in the cause of monarchy, and their works, from beginning to conclusion, can only be regarded as plausible de fences of prerogative. Mr. Adams, trusting to the undue weight of what are called great authorities, B 10 THE ADMINISTRATION has put implicit confidence in their assertions, and in a theory which was framed by them, for the ex press purpose of complimenting royalty at the ex- pence of their nation. From the same cause have sprung the Senates of the United States. In England, and every other country where the feudal system has been establish ed, an order of men superior to the commons ne cessarily exist, and must remain until a total revolu tion in property as well as government takes place ; but in America, where the distinction of superiorand vassal is unknown, and where men hold their pro perty by an equal tenure, the erection ofa senate, or house of chieftains, is a direct violation of the rights of citizens, and can serve no other purpose than to clog *the wheels of government, and add to the national expence. Mr. Adams urges as an argument in favor of the establishment of a Senate, " that the rich, the well-born and the able, acquire an influence among the people that would soon be too much for simple honesty and plain sense in a House of Representa tives. The most illustrious- of them should, there fore, be separated from the mass, and placed by themselves in a Senate; this is, to all hon est and useful intents, an ostracism. A member of a Senate of immense wealth, the most respected birth and transcendant abilities, has no influence in the nation, in comparison of what he would have in a single representative assembly. When a Senate exists, the most powerful man in the State OF JOHN ADAMr. IT may safely be admitted into the House of Repre sentatives, because the people have it in their pow er to remove him into the Senate as soon as his inr fluence becomes dangerous." A weaker argumenr y than this, could scarcely have been conceived ; since it is obvious, that if the people have it in their power to remove a member from the House of Representatives into the Senate, when his power becomes dangerous, that they have it also in their power to elect another representative ; which would answer a much better purpose ; for, if a man s princi ples are such as to be dangerous in one house, they will be equally so in another. " The Teutonic institutions described by Caesar and Tacitus," says Mr. Adams, " are the most me morable experiment, merely political, ever yet made in human affairs. ...they have spread all over Europe, and have lasted eighteen hundred years. Nothing, therefore, ought to have more weight with America, to determine her judgment against mixing the au thority of the one, the few and the many, assured ly in one assembly, than the wide spread miseries and final slavery of almost all mankind, in conse quence of such an ignorant policy in the ancient Germans." Mr. Adams could not possibly have expressed sentiments more hostile to the pure prin ciples of republicanism than these. It is well known, that while the superior and the vassal, the chief and the retainer, were intimately connected, appeared in the same assembly, and were only distinguished by virtye and talents, the feudal association, was 12 THE ADMINISTRA TlOtf a state of the greatest happiness.. ..violence and cor ruption did not disfigure society, until the original manners which the Germans brought from their woods began to decay. The separation of the in terests of the lord and the vassal, by the two Houses of Assembly, first altered the condition of society. Sufferance soon succeeded to enjoyment, oppres sion to freedom, and contentions arose, which terminated in the destruction of the independence of the European nations. Yet this latter state is that which Mr. Adams labours to impose upon Americans : and to divide their society, by erecting a house of noble Senators in the midst of republicans. X These having been the acknowledged senti ments of Mr. Adams, it may appear strange how he became the President of a free people, and the successor of the virtuous Washington. The ser vices which he performed towards the establishment of American independence, by means of his in trigues at the court of Versailles, and the profuse distribution of British gold in the United States, can only account for this extraordinary election. But notwithstanding, upon strict enquiry, he does not appear to have been the choice of the real ma jority. The following facts related by Mr. Callen- der, though they may be denied by the friends of Mr. Adams, are certainly correct. ...the truth of them has been fully ascertained : In Pennsylvania Mr. Adams gained a vote by the trick of a Post-master, who stopt the mail from Greene county, till the poll was closed at Philadel- OF JOHN ADAMS. 13 phia. In Maryland he gained a second, by the folly of one Plater, who balloted both for him and Mr. Jefferson, from an anxiety that Mr. Adams should be Vice-President. In Maryland he gained a third suffrage, in the Western district, of that state, by a majority of four voices, owing to negligence on one side, and knavery on the other. The district consists of two counties, Alleghany and Washington. A se parate poll was held in each of them. Washing ton is, of the two, by far the most populous. ...the census of 1790, gives it fifteen thousand eight hun dred and twenty-two inhabitants, and Alleghany no more than four thousand eight hundred and nine. Washington is full of republicans, and Alleghany of their opponents. ...the republicans put an end to their poll as soon as they had a considerable supe riority of the whole number of genuine voters that they knew to reside in the two counties, which form the district. The six per cent, agitators of Alleghany did not stop their s....they brought over a crowd from Pennsylvania and Virginia, and by this means made up a majority of four. Neither the constitution nor Congress itself had provided any- check for the investigation of false votes, and the majority of four trampled on the rights of real citi zens. Putting these facts together, it will appear that Mr. Jefferson and not Mr. Adams was the choice of America. The total number of electors was one hundred and thirty-eight. ...each of these Voted either for Mr. Jefferson or Mr. Adams. But Plater voted for both. Hence instead of one hun- 14 THE ADMINISTRATION dred and thirty-eighty the suffrages came to one more. ...thus they mounted up to one hundred and thirty-nine. Gf*these, Mr. Adams had seventy-one and Mr. Jefferson sixty-eight. Laying aside the Maryland vote of Plater, Mr, Adams will then have seventy and Mr. Jefferson sixty-seven. ...returning to M r. Jefferson the Green county vote in Penn sylvania, and striking out the spurious vote in the Western district of Maryland, will make an odds of two votes. ...abstract these two from the majority of seventy, and then Mr. Adams has only sixty-eight. Then add these two to the sixty-seven for Mr. Jef ferson, and he is President by a majority of one. CHAPTER II. Speech of Mr. A dams.... Speech of Mr. Jefferson..., Remarks.... British Piracy... .Mr. Monroe s Em bassy. ON Saturday the 6th of March, one thousand seven hundred and ninety-seven, Mr. Adams, as Prebident of the United States, attended in the chamber of the House of Representatives to take his oath of office, according to the direction of the constitution. On his entrance, as well as on the entrance of General Washington and Mr. Jeffer son, loud and reiterated applause burst from the audience. Having taken his seat on the elevated OF JOHN ADAMS. 15 chair of the Speaker of the House of Representa tives, the Vice-President, General Washington, and the Secretary of the Senate on his right, the Speaker and Clerk of the House of Representa tives on his left, and the Chief-Justice of the United States and Associate Judges, at a table in the centre, he proceeded to deliver the following speech : " When it was first perceived, in early times, that no middle course for America remained be tween unlimited submission to a foreign Legisla ture, and a total independence of its claims, men of reflection were less apprehensive of danger, from the formidable power of fleets and armies they must determine to resist, than from those con tests and dissentions which would certainly arise concerning the forms of government to be insti tuted over the whole, and over the parts of this ex tensive country. Relying, however, on the purity of their intentions, the justice of their cause, and the integrity and intelligence of the people, under an overruling Providence, which had so signally protected this country from the first, the represent atives of this nation, then consisting of little more than half its present numbers, not onjy broke to pieces the chains which were forging, and the rod of iron that was lifted up, but frankly cut asunder the ties which had bound them, and launched into an ocean of uncertainty. "The zeal and ardor of the people during tbe revolutionary war, supplying the place of govern 16 THE ADMINISTRATION ment, commanded a degree of order, sufficient at least, for the temporary preservation of society. The confederation, which was early felt to be necessary, was prepared from the models of the Batavian and Helvetic confederacies, the only examples which remain, with any detail and precision, in history ; and certainly the only ones which the people at large had ever considered. But reflecting on the striking difference in so many particulars, between this country and those where a courier may go from the seat of government to the frontier in a single da), it was then certainly foreseen, by some who assisted in Congress at the formation of it, that it could not be durable. " Negligence of its regulations, inattention to its recommendations, if not disobedience to its autho rity, not only in individuals but in States, soon ap peared with their melancholy consequences. ...uni versal languor, jealousies and rivalries of States, de cline of navigation and commerce, discouragement of necessary manufactures, universal fall in the value of lands and their produce, contempt of pub lic and private faith, loss of consideration and credit with foreign nations, and,. at length, in dis contents, animosities, combinations, partial conven tions and insurrection, threatening some great na tional calamity. " In this dangerous crisis, the people of America were not abandoned by their usual good sense, presence of mind, resolution or integrity.... measures were pursued, to concert a plan to form a more per- OF JOHN ADAMS. 17 feet union, establish justice, ensure domestic tran- quility, provide for the common defence, promote the general welfare, and secure the blessings of liberty. ...The public disquisitions, discussions and deliberations, issued in the present happy constitu tion of government. " Employed in the service of my country abroad, during the whole course of these transactions. I first saw the constitution of the United States in a fo reign country. Irritated by no literary altercation, animated by no public debate, heated by no party animosity, I read it with great satisfaction, as a result of good heads, prompted by good hearts ; as an experiment, better adapted to the genius, cha racter, situation and relations of this nation and country, than any which had ever been proposed or suggested. In its general principles and great out lines, it was conformable to such a system of gov ernment, as I had ever most esteemed. ...and in some States, my own State in particular, had contributed to establish. Claiming a right of suffrage, in com mon with my fellow citizens, in the adoption or re jection of a constitution which was to rule me and my posterity, as well as them and theirs, I did no^ hesitate to express my approbation of it on all oc casions, in public and private. It was not then, nor has been since, any objection to it in my mind, that the Executive and Senate were not more perma nent, nor have I ever entertained a thought of promoting any alteration in it, but such as the people themselves, in the course of their experi- C 18 THE ADMINISTRATION ence, should see or feel to be necessary or expe dient, and by their representatives in Congress and the State Legislatures, according to the constitu tion itself, adopt and ordain. " Returning to the bosom of my country, after a painful separation from it for ten years, I had the honor to be elected to a station under the new- order of things, and I have repeatedly laid myself under the most serious obligations to support the constitution. The operation of it has equalled the most sanguine expectations of its friends ; and from an habitual attention to it, satisfaction in its ad ministration, and delight in its effects, upon the peace, order, prosperity and happiness of the nation, I have acquired an habitual attachment to it, and veneration for it. <c What other form of government, indeed, can eo well deserve our esteem and love ? "There may be little solidity in an ancient idea, that congregations of men into cities and nations are the most pleasing objects in the sight of supe rior intelligences... .But this is very certain, that to a benevolent human mind, there can be no specta cle presented by any nation, more pleasing, more noble, majestic or august, than an assembly, like that which has so often been seen in this and the other chamber of Congress. ...of a government, in which the Executive authority, as well as that of all the branches of the Legislature, are exercised by citizens, selected at regular periods by their neigh bours, to make and execute laws for the general OF JOHiT ADAMS", <D** g-ood. Can any thing essential, any thing more 1 - than mere ornament and decoration, be added to this, by robes or diamonds ? Can authority, be more amiable or respectable, when it. descends frorrr accident, or institutions established in remote an tiquity, than when it springs fresh from the hearts and judgments of an honest and enlightened peo ple ? for it is the people only that are represented r It is their power and majesty that is reflected; and only for their good, in every legitimate government^, under whatever form it may appear. The exist ence of such a government as ours, for any length . of time, is a full proof of a general dissemination of knowledge and virtue throughout- the whole bodjr of the people. And what object or consideration,, more pleasing than this, can be presented to the human mind r If national pride is ever justifiable or excusable, ir is when it springs not from power or riches, grandeur or glory, but from conviction of national innocence, information and benevolence.. " In the midst of these pleasing ideas, we should- be unfaithful to ourselves,, if we should ever lose sight of the danger to our liberties. ...if any thing. partial orextraneous should infect the purity of our free, fair, virtuous and independent elections.. " If aa election is to be determined by the ma jority of a single vote, and that can be procured by a party, through artifice or corruption, the govern ment may be the choice of a party for its own ends ; not of the nation, for the national good. If thai: solitary suffrage can be obtained by foreign na-- 20 THE ADMINISTRATION tions, by flattery or menaces, by fraud or violence, by terror, intrigue or venality, the government may not be the choice of American people, but of foreign nations. It may be foreign nations who govern us, and not we, the people, who govern ourselves : and candid men will acknowledge, that in such cases, choice would have little advan tage to boast of over lot or chance. " Such is the amiable and interesting system of government (and such are some of the abuses to which it may be exposed) which the people of ^America have exhibited to the admiration and anxiety of the wise and virtuous of all nations, for eight years, under the administration of a citizen, who, by a long course of great actions, regulated by prudence, justice, temperance and fortitude, conducting a people inspired with the same virtues, and animated with the same ardent patriotism and love of liberty, to independence and peace, to in creasing wealth and unexampled prosperity, has merited the gratitude of his fellow-citizens, com manded the highest praises of foreign nations, and secured immortal glory with posterity. " In that retirement which is his voluntary choice, may he long live to enjoy the delicious recollection of his services, the gratitude of mankind, the hap py fruits of them to himself and the world, which are daily increasing, and that splendid prospect" of the future fortunes of his country, which is open ing from year to year. His name may be still a rampart, and the knowledge that he lives, a bul- OF JOHN ADAMS. 21 wark against all open or secret enemies of his coun try s peace. " This example has been recommended to the imitation of his successors, by both houses of Con gress and by the voice of the Legislatures and the people throughout the nation. " On this subject it might become me better to be silent, or to speak with diffidence. But as some thing may be expected, the occasion, I hope, will be admitted as an apology if I venture to say, that if a preference upon principles of a free, republican gov ernment, formed .upon long and serious reflection, after a diligent and impartial enquiry after truth ; if an attachment to the constitution of the United States, and a conscientious determination to sup port it until it shall be altered by the judgment and wishes of the people, expressed in the mode pre scribed in it ; if a respectful attention to the con stitutions of the individual states, and a constant caution and delicacy towards the State-govern ments ; if an equal and impartial regard to the rights, interests, honor and happiness of all the States in the union, without preference or regard to a northern or southern, an eastern or western position, their various political opinions on unes sential points, or rather their personal attachments ; if a love of virtuous men of all parties and denomi nations ; if a love of science and letters, and a wish to patronize every rational effort to encourage schools, colleges, universities, academies, and every institution for propagating knowledge, virtue and 22 THE ADMINISTRATION religion among all classes of the people, not only for their benign influence in the happiness of life in all its stages and classes, and of society in all its forms, but as the only means of preserving our constitution from its natural enemies, the spirit of sophistry, the spirit of party, the spirit of intrigue, the profligacy of corruption and the pestilence of foreign influence, which is the angel of destruction to elective governments; if a love of equal laws, of justice and humanity in the interior administra tion ; if an inclination to improve agriculture, com merce and manufactures, for necessity, convenience and defence ; if a spirit of equity and humanity to wards the aboriginal nations of America, and a dispo sition to meliorate their condition, by inclining them to be more friendly to us, and our citizens more friendly to them ; if an inflexible determination to maintain peace and inviolable faith with all nations, and that system of neutrality and impartiality among the belligerent powers of Europe, which has been adopted by this government, and so solemnly sanc tioned by both houses of Congress, and applauded by the legislatures of the States, and the public opinion, until it shall be otherwise ordained by Congress ; if a personal esteem for the French na tion, formed in a residence of seven years, chiefly among them, and a sincere desire to preserve the friendship which has been so much for the honour and interest of both nations; if, while the con scious honour and integrity of the people of Ame rica, and the internal sentiment of their own pow- OF JOHN ADAMS. 23 cr and energies must be preserved, an earnest en deavor to investigate every just cause, and re move every colourable pretence of complaint j if an intention to pursue, by amicable negociation, a reparation for the injuries that have been commit ted on the commerce of our fellow citizens, by whatever nation.. ..and, if success cannot be obtain ed, to lay the facts before the Legislature, that they may consider what further measures, the honour and interest of the government and its constituents demand; if a resolution to do justice, as far as may depend upon me, at all times, and to all na tions, and maintain peace, friendship and benevo lence with all the world ; if an unshaken confi dence in the honour, spirit and resources of the American people, on which I have so often ha zarded my all, and never been deceived ; if eleva ted ideas of the high destinies of this country, and of my own duties towards it, founded on a know ledge of the moral principles and intellectual im provements of the people, deeply engraven on my mind in early life, and not obscured but exalted by experience and age. . . .and as, with humble reverence, I feel it to be my duty to add, if a veneration for the re ligion of a people, who profess and call themselves Christians, and a fixed resolution to consider a de cent respect for Christianity, among the best recom mendations for the public service, can enable me, in any degree, to comply with your wishes, it shall be my strenuous endeavour, that this sagacious in junction of the two houses, shall not be without effect. 24 THE ADMINISTRATION " With this great example before me, with the sense and spirit, the faith and honour, the duty and interest of the same American people, pledged to support the constitution of the United States, I en tertain no doubt of its continuance in all its ener gy, and my mind is prepared, without hesitation, to lay myself under the most solemn obligations to support it, to the utmost of my power. " And may that being, who is supreme over all, the patron of order, the fountain of justice and the protector, in all ages of the world, of virtuous liber ty, continue his blessing upon this nation, and its government, and give it all possible success and duration, consistent with the ends of his provi dence." After concluding his speech, Mr. Adams de scended from his seat, to receive the oath of office from the chief justice. Having taken the oath, which was administered with great solemnity, he resumed his chair, paused a few moments, then rose and retired. Mr. Jefferson addressed the Senate, which was convened in their chamber, by the call of the late President ; in the following extempore speech : " Gentlemen of the Senate, " Entering on the duties of the office to which I am called, I feel it incumbent on me to apologize to this honorable house, for the insufficient manner in which I fear they may be discharged. At an earlier period of my life, and through some consi derable portion of it, I have been a member of OF JOHN ADAMS. 25 legislative bodies, and not altogether inattentive to the. forms of their proceedings. ...but much time has elapsed ; since that other duties have occupied my mind ; in a great degree it has lost its familiarity with this subject....! fear that the house will have but too frequent occasion to perceive the truth of this acknowledgment. If a diligent attention, however, will enable me to fulfil the functions now assigned me, I may promise that diligence and at tention shall be sedulously employed. For one portion of my duty, I shall engage with more confi dence, because it will depend on, my will and not on my capacity. " The rules which are to govern the proceedings of this house, so far as they shall depend on me for their application, shall be applied v/ith the most rigorous and inflexible impartiality, regarding nei ther persons, their views or principles, and seeing only the abstract proposition, subject to my decision, If, in forming that opinion, I concur with some and differ .from others, as must of necessity happen, I shall rely on the liberality and candor of those from whom I differ, to believe that I do it on pure mo tives. I might here proceed, and with the greatest truth, to declare my zealous attachment to the con stitution of the United States ; that I consider the union of these States as the first of blessings \ and, as the first of duties, the preservation of that constitution which secures it. But I suppose these declarations notpertinent to the occasion of entering into an oliice whose primary business is merely to preside over D 26 THE ADMINISTRATION the form of this house. And no one more sincere ly prays, that no accident may call me to the higher and more important functions which the constitu tion eventually devolves on this office. These have been justly confided to the eminent character who has preceded me here, whose talents and integrity have been known and revered by me through a long course of years, have been the foundation of a cordial ancl uninterrupted friendship between us ; and I devoutly pray he may be long preserved for the government, the happiness and prosperity of our common country." The apparent liberal and patriotic sentiments dis played in the President s speech, had the immediate effect of conciliating the friendship of many who had been his most violent opposers ; the sound of words was to supply for a few days, the place of virtuous deeds, .and the services of Washington were to be eclipsed by the laboured periods of a studied ora tion. A writer in the Argus, breaks forth in the following strain of unthinking panegyric : " Who can peruse tlr,3 address without giving it his most unreserved approbation ? It is so long since the ci- ti sns of America heard an acknowledgment, on of their Executive, that all power was de- ;e people, that they had almost forgot guven TV as a representative one.. ..not oleasing must it be, to hear him place in a light Icring on ridicule, the diamonds, robes a and cuts and decorations of royalty ? a strik ing ; this, to the example of his predecessor OF JOHN ADAMS. 27 in office. ...may he persevere in it, uninfluenced by the menaces or machinations of artful and design ing men." One might have supposed this to be the language of ridicule and not sincerity, had not the author been a clergyman, who has since figured as one of the warmest espousers of the Hamiltonian faction. As the mos"- distinguishing features In Mr. Adams V administration, have been his predilection for the English Government, and his avowed hatred to the French, it may not be improper to give a fair state ment of the conduct of both these nations, to this country, previous to the election of 1797. This will assist to develope the secret bonds which were so firmly to unite the President of a free country with a British King. The most striking mark of regard which the English paid to Americans, was the re spect shewn to our commerce, by insulting indis criminately, during the year 1796, almost every ves sel which displayed the flag of the United States. To enumerate all the deeds of this nature would occupy several volumes. ...a few of the most glaring instances will be sufficient for the purpose. The schooner John, of Salem, Captain Philip Saunders, had been on a voyage to Jamaica; while he lay there, an English officer, and five men, from a sloop of war, came onboard to impress his crew. Only one of them happened to be on board besides the mate and a boy. The rest were on shore on bu siness. The gang took the sailor. On being told that he was an American, they replied that they 28 THE ADMINISTRATION knew this, but wanted men, and would have them whatever might be the consequences. Captain Saunders went on board the sloop of war to reclaim his seaman. The commander, in an insolent man ner, ordered him back to his own vessel, desired an account of the wages due to the hand, and to send them and his clothes to the sloop. ...in case of non- compliance he was threatened with a flogging. The rest of the crew were secreted on shore, by the Captain, for ten days, till the sloop of war sailed, as her declared design was to impress the whole. During this period the schooner lay exposed to the weather as well as the insults of the sloop of war, xvithout any person to take care of her except the captain, his mate and the boy. ...the sloop s crew consisted of eighty seven-men ; of these thirty-five were said to be Americans, who had been impress ed in the West-Indies. This story is related in the Salem newspapers of the 8th of March, as also by Mr. Callender, who concludes his account of it by observing, that such, at the distance of twenty months, was the success of Jay s appeal to the mag nanimity of George Guelph, and of his kissing the hand of " the meat, drink, snufF, and diamond-lov ing Dame." In the spring of 1796, Captain Samuel Green made a voyage from Norfolk, in Virginia, to Marti- nico. He commanded a fast sailing schooner, of three hundred barrels burthen -, and carried a cargo for the British at that island. On his arrival, the consignee shewed him a bill of sale of the vessel, OF JOHN ADAMS. 29 and told him he was no longer master, because the schooner was bought for the British government, and to be fitted out as a privateer. If Captain Green chose to remain on board, he was told he might have employment ; this offer he refused. Se veral of the sailors were impressed by the British.... others were enticed to enter as volunteers in the different ships. Jacob Peterson, master of the sloop Polly, of Philadelphia, on the 29th of January, 1796, ar rived at Cape Nichola Mole, where he had scarce ly cast anchor when the Syren, a British sixty-four, pressed one of his best seamen. On the 31st he sailed for Jeremie. While he remained in that port, about nine o clock in the evening of the 9th of February, Captain Reynolds, of the Har riot, a British armed ship in government service, manned his boat and pressed several American sea men from different ships in the harbour. He be gan with the ship Carolina of Baltimore, Captain Luther. Next day Reynolds went on shore, swore that he would that night make a sweep among the Ame ricans. The latter, hearing of his threat, assembled themselves into two vessels that lay in the harbour, one of them the brig Richard and James, of Phi ladelphia, and the other the schooner Eliza, of Bal timore. About nine o clock in the evening, a boat full of armed men was observed coming from the Harriot towards the Eliza. She was hailed and enjoined to keep her distance, Reynolds caused 30 THE ADMINISTRATION his men to fire. This was returned, and after some time the boat went off.... she came back with a fresh supply of men, and again found it prudent to retire. The people in the Eliza then went on board of the Richard and James. Reynolds went on shore, procured a reinforcement, and came back to a third assault. Finding the Eliza deserted, he gave up the attempt. In this contest, the British said that they had seventeen killed or wounded. The Americans had one killed and one wounded. On the 28th of March, 1796, the ship Bac chus, Captain George, arrived at Philadelphia. On the 20th he was boarded by the Thetis, a Bri tish frigate. She pressed his mate and cabin-boy on a suspicion of their being British subjects. The mate attempted to effect an escape, but was re taken and nearly flogged to death. The schooner Voluptas, Jonathan Hall, mas ter, of Baltimore, was sent into Kingston by the Severn, of forty-four guns. She had on board a valuable cargo of coffee and cotton, and part of an outward bound freight of provisions, with a large sum of money. The Supercargo, Mr. Duncan, was going from Gonaives to the Platform, to pur chase Coffee to load the schooner for Baltimore. The pretence for seizing the Voluptas was, that she carried provisions for an enemy s port. At this time the Captain of the Severn had detained Mr. Duncan a prisoner for 52 days, and threatened to try him as a British subject for high treason, al though he showed a certificate of his being an Ame rican citizen. t)F JOHN ADAMS* 31 Captain Hall and Mr. Duncan were seat ia irons from Cape Nichola Mole to Port-Royal, on board of the Lark man of war. On their passage they were put upon two-thirds of the British sea men s allowance of salt beef and bread. The cap tain, one night while asleep, had his watch and money stolen out of his pocket. It was their opinion that the Severn had designed to send the schooner to the bottom, for she run so near as to carry away her bowsprit. The ship Lydia, Robert Blount, master, from Portsmouth, in New-Hampshire, had arrived at Kingston. About four leagues to the windward of Port Royal he was boarded by the Regulus. She took away his mate and four men. They were all natives of Portsmouth, married, and had regu lar protections/. Before taking them on board, the British captain sent his surgeon into the Lydia to examine the men, and see if they were in good health. The Regulus had pressed above fifty American seamen, went afterwards to Port-au- Prince, and from thence to England. The ship Hannah, Captain Hoare, from Phi ladelphia to France, w r as, on the twenty-fourth of February, taken by the Lynx sloop of war.. ..she stript the Hannah of her whole crew, excepting the mate, the cook and the cabin-boy, and sent her into Bermuda. Most of the hands impressed had protections. The Captain of the Lynx had spoke on the day before with the Roebuck, of Phi ladelphia, and said that he was only prevented from taking her by a violent gale of wind. THE ADMINISTRATION On the 29th of March, the ship Friendship, Captain Atkins, arrived at Norfolk.... when within the Capes of Chesapeake he was boarded by a boat from the Thetis, Captain Cochran, who pressed a man who had been naturalized for ten )ears be fore. As the Chesapeake is within the territory of the United States, he might as well have kidnapped him in the streets of Philadelphia or New- York. The Ocean, Captain Vredenburgh, was taken on the 3 1 st of March, only one league from the High-lands, and sent into Halifax by La Prevoy- ance, a British frigate. The whole crew, except ing the master and mate, were impressed into the British service.... two of them were native Ameri cans, and the rest Swedes and Danes. When Cap tain Vredenburgh remonstrated, the British Captain told him to look to Jay s Treaty. Captain Paulding, of the brig Polly, of New- York, from Curracoa, on the 3d of March, was sent into Grenada by the Favourite sloop of war.... his hands were impressed, his sailing orders, letters, invoices, and bills of lading, destroyed. The Cap tain, mate and two passengers were stripped of their baggage and wearing apparel, thrown into prison, where they were detained for three weeks, before a passport for their departure was granted. The Maryland Journal of the 13th of April, 1797, has an extract of a letter from an American seaman, dated Spithead, December 26th, 1795, on board the ship Assistance, in which he had been de tained from the 20th of October, preceding. ...the OF JOHN ADAMS. 33 man belonged to the Hannah of Baltimore, Cap tain Wescott. This vessel, with four other Ame ricans, were carried into St. Johns, Newfoundland -...the sailors were either turned ashore to starve, or pressed into the British service. The Norfolk paper of the 4th of April has the following paragraph : " The ship Diana, of New- York, David Chadeayne master, on his passage from the East-Indies to New- York, was boarded by his Britannic Majesty s brig Pelican, Captain J. C. Searle, who sent an officer and crew on board, and took out the mate, six people, and car ried her into Port-Royal, where, on the 6th of March, while in their possession, she caught fire and was burnt to the water s edge, with all her cargo of immense value." The Boston Newspaper of the 7th of April, 1796, has the following letter: " Captain Elkanah Mayo, who arrived in town this week from New- York, has favoured us with the following account of the cruel treatment he and his men received from the officers and men of the British frigate La Pique, at Barbadoes, in De cember last, viz. Captain Mayo, in the ship Poll}-, of Cape- Ann, homeward bound from a whaling voyage, was drove in by stress of weather to Bar badoes, where he lay near three weeks for the ar rival of some Americans to freight his oil home, during which time the British frigate La Pique arrived there from a cruize, and, in two days after, pressed two of his hands. Captain Mayo applied E 34 THE ADMINISTRATION to the Governor for protection, who caused the men to be released. Three days after, Captain Mayc/s boat being ashore with three men, wait ing for him, the frigate s barge hauled in close to his boat, and boarded him with cutlasses, to press the men by force. The men called on Captain Mayo from the shore, who run to the boat for their relief, where he found the crew of the British frigate, Xvith the tiller of their barge, beating his men over their heads with said tiller, till the blood gushed from their mouths and noses, and otherwise mangling them in a barbarous and shock ing manner. Captain Mayo sprung into the boat and cleared it of the British crew. The command ing officer, who was then on the wharf, said he would have every man on board the ship. Mr. Woodruff, with whom Captain Mayo did business, being on the wharf, offered his bonds to the Cap tain of the frigate that he would bring his protec tions on shore. Captain Mayo then went on board his ship to bring his protections. ...while he was on beard, the commanding officer of the fri gate, and aii the rest of the officers, got into their barge, waiting for Captain Mayo, who was re turning with all his protections. ...they boarded him. ...the commanding officer jumped into Captain Mayo s boat with his drawn cutlass, and dragged by force all his men into their barge, and then pre sented his cutlass to Captain Mayo s breast, and ordered him into the barge, which he refused ; after which he pricked him several times in the breast, OF JOHN ADAMS. 55 and then towed him on board the frigate. ...he put Captain Mayo s men into the hole, among his men who were sick with the yellow fever.... he then or dered a pair of irons to be fixed on Captain Mayo, which were not, however, fixed,. ..he kept him on the quarter-deck until evening,, then ordered Cap tain Mayo s boat to be hauled up, and ordered him on board alone- Captain Mayo requested him to let him have a man to go with him, which. the -Cap tain of the frigate refused ; then said he would cast him off and let him go adrift. ...he told him lie might perish at sea, to which he replied he hoped he would. Captain Mayo told him he would not go unless he cast him off.. ..he then took his barge and towed Captain Mayo on board his own ship. The next morning Captain Mayo went to the Governor and complained of the officers conduct.. ..the Gov ernor ordered his men to be immediately released,, who were accordingly sent on shore. Four days after, three of his men were taken with the yellow fever, which they took while on board the frigate, and which spread through Captain Mayo s ship s company.. ..four of his men died of the fever; the rest were obliged to leave the ship,, and he hired negroes to pump her. Captain Mayo then char tered vessels as he could find them,,to take his men and cargo to the United States. This base con duct of our new treaty-allies occasioned the loss of eight thousand dollars to his owners. * /, tks subscriber, do testify to the above account* (Signed) ELKANAH MAYO. t> IKE ADMINISTRATION Tlie Musquito, Captain Harshar, arrived on the I7tb of January at Baltimore, from Bourdeaux. On the voyage he was met by the Hussar, a British frigate.... his keys were taken, his chests broke open, and every thing stolen that the British could lay their hands on. They also drank a case of wine, pressed the Musquito s mate, and one of the hands, who was an American. A letter from Fredericksburgh, dated April 1, 1796, has the following intelligence: The schoo ner William, Captain John Scott, from Bassaterre, St. Kitts, having arrived in the river, on the 23d of February, between nine and ten o clock in the evening in Bassaterre-road, he was boarded by a boat with five men with cutlasses. ...they belonged to a British armed sloop lying there. They order ed William M Coy, a native^of Fredericksburgh, into the boat ; but being prevented from taking him, they went back to the sloop ; immediately after, they returned with their commander, one Williams, and an additional number of men, armed with pistols and cutlasses. ...they took away from the schooner, John Mansfield, William M Coy, and two blacks. Next morning Captain Scott went on shore, and proved these people to be citizens of the United States. ...he could recover only the two blacks. Every American at the port shared a similar fate.... a Baltimore schooner was stript of all her hands excepting the mate and a boy. A letter from Captajn Thorndike Deland, dated Kingston, 1st of April, 1796, to a merchant in OF JOHN ADAMS. 37 Philadelphia, contained for publication a list of twelve American vessels taken and carried into that port. Captain Deland farther says, that he had heard of twenty-seven other ships at Tortola which were in jeopardy. ...that all Americans when carried into Kingston were, after examination, turned ashore without provision for their support. Any one having a concern in a house, or having even a factor in St. Domingo, or any French port, was deemed a Frenchman, and his property was on that account condemned. On the 21st of April, 1796, the schooner William and Mary, Captain Shaw, arrived at Portsmouth, New-Hampshire, in thirty-eight days from Kingston. ...when he left that place, the impressment of American seamen had not subsided. On the 5th of May the schooner Mermaid, Captain Tabet, arrived from the Mole at New- York.... his mate, a native American, was pressed by the Regulus. Several other Americans were, at the same time, pressed from different ves sels. A Charleston newspaper of the 8th of April, 1796, contains the copy of a sentence past by Judge Green, of Bermuda.. ..it is dated the 6th of January preceding, and respected the brig Fame. In summer 1795, the Fame sailed from Charles ton for Bourdeaux.,..on her return she was captured and taken into Bermuda.. ..the vessel and cargo were both American property, but one of the own ers, who went along with her, had staid behind in France to dispose of the remaining part of the 38 THE ADMINISTRATION cargo.... this accident transformed him, in the eyes of Green, into a French citizen, and on that pre tence both ship and loading were confiscated. Thus the British went on in the West-Indies, while Mr. Bayard w T as transmitting to Philadelphia his im portant assurances about indemnification, and the resentment of the London Court of Admiralty at the decrees of Green. About the 23d of April, Captain Mercer of the sloop Ambuscade, arrived at Philadelphia from Bermuda. He brought a list of eight American vessels, with their cargoes, which were condemned at that place, and of seven others which were li belled. ...one of the latter was a brig from Boston. Captain Mercer had heard that her captain had died of abuse which he received from the prize- master. A paragraph of the same date says, that at Nevis, the schooner Andrew, Captain Mon- tayne, of Philadelphia, had her mate and seamen pressed by a British schooner.*.. they were all Ame ricans, and had protections. The particulars are related in the Captain s protest as transmitted to his owner. Joshua Whiting was a seaman on board of the American brig Samuel.... at Port-au-Prince he and four others of the crew w r ere pressed by a British frigate. ...three of them after eleven days, escaped by swimming, in the course of which one man had the calf of his leg bitten off by a shark.. ..ano ther of them was retaken and almost flogged to death. Whiting and the cripple escaped, after OF JOHN ADAMS. 39 losing their whole adventure, besides being cruelly treated. The brig Columbia, and the schooner Unity, both of Newburyport, sailed from Port Lewis on the 7th of March, 1796. ...next day they were brought to by the Ganges, a British seventy-four, and a schooner attendant on the ship, and sent into Montserrat, examined, and on the 14th dismissed, upon paying forty-four pounds, four shillings and ten pence, as the expence of their examination. The sloop Dove, of New-Haven, in Connecti cut, had gone on a voyage to the West-Indies. While lying at Antigua she was boarded by a boat s crew from the Narcissus, who took away Benja min Eastman. ...he was a native American, and as such had a protection. On the 3d of April, 1796, the master and mate of the Dove made oath to this fact, at New-Haven. In April, 1796, the American ship Eliza, sailed from New- York, for St. Thomas, and had orders to touch at St. Bartholomew ; she was taken by captain Cochran of the Thetis frigate... ^the super cargo, a Danish subject, was stript to the skin.... the ship was libelled before the Vice-Admiralty Court at Bermuda, under pretence of being French property. The trunks of the supercargo were seal ed up, and he was thrown pennyless out of the ship, without clothes or a second shirt to his back. The captain and crew were put on shore destitute of subsistence. Six or seven days after the ship and cargo had been libelled, the cattle were sold 40 THE ADMINISTRATION at half their prime cost, bought in by the agents who sold them, and sold a second time next day, at a considerable profit. A Boston newspaper of the 26th of May, con tains a deposition dated at St. George, the 27th of April preceding. It was emitted by the second mate of the Brigantine Polly, John Bosson, late master. ...the vessel was on her way from Deniarara, to Boston, when the Cleopatra, a British privateer, took her. Soon after, the prize-master quarrelled with captain Bosson, and wantonly beat him in a most shocking manner. Within six days after, captain Bosson died of his bruises, in the twenty- fifth year of his age. Such were the effects of Jay s treaty to Ameri can commerce. Not more than a twelvemonth af ter this treaty was signed, and not six months af ter it had been fully ratified, upwards of three hundred American ships were captured by British frigates and British pirates ; and, upon the most moderate calculation, a thousand American citi zens were doomed to fight in the cause of a ty rant against the rights of their nation. Much noise has been made about the injuries committed against American commerce by the French repub lic, but in this year, when every newspaper was suffocated by British Robberies, we only find three or four instances of French depredation. The fol lowing is the only one, of which a correct state ment is given : the paragraph is from a Boston paper, of the 16th of April, 1796. OF JOHN ADAMS, 4i By an arrival on Saturday, of a vessel from Cur- racoa, we received the following protest of Huo-h Wilson, master of the American brig called the Jay, belonging to Baltimore, who being duly sworn before the Notary Royal and Public, of St. Bartholomew, declareth : That having got his vessel captured and condemned, as hereafter will appear, and having had his log-book and all the papers belonging to the vessel and to himself tak en from him, all to the shipping articles, and a small memorandum book of his private disburse ments, he is obliged to give his declaration from memory, and to the best of his recollection, viz. That on the 10th of April last, 1795, he sailed in said brig from St. Pierre, in the island of Marti- nico, bound to Antigua ; that on the 12th of said month, in the morning, he was boarded by the French armed schooner (as near as he could recol lect) the Athenienne, commanded by one Paschal, from Guadaloupe, under the lee of which island the brig then was, and in the evening was carried into Bassaterre-road, in said last island ; that the same deponent, and all his crew, were immediately put on board a French sloop of war, where they were detained about eight or ten days, without knowing what was the intention of the French to do with the said brig, and without ever having been heard or examined ; that the deponent and supercargo, Mr. John Starck, were sent on shore and conducted to the interpreter or linguist, who told them the brig Jay, and her remaining cargo, F 42 THE ADMINISTRATION consisting in corn and slaves, had already been condemned, and who furnished Mr. Starck with a copy of the condemnation; that Mr. Starck was put at liberty, but the deponent was, the next day, thrown into Bassaterre gaol, where he remained about ten days, after which, he was drove out of the said gaol, and put in chains on board a small French schooner, bound to Point-a-Petre, the de ponent lying all the passage (about sixty hours) with eight prisoners more, chained to the same bar, in the hold of said schooner, upon the stone bal last, with a very scanty and indifferent food ; that having arrived in such a situation at Point-a-Petre, the deponent was immediately put on board one of the prison-ships in the harbour, where he was de tained for near eight months, that is to say, until the lstinst.( January, 1796) when Captain Wheeler, of the brig Peggy, of New- York, having obtained permission to pick out American sailors, that might be found on board of different prison-ships, came along side the ship where the deponent was detain ed ; that having made his case known to him, he, the said Captain Wheeler, took the deponent along with him, and put him on board the said brig Peg gy; that on the llth inst. or there about, the de ponent went in said brig from Point-a-Petre, and arrived in this harbour of Gustavia, yesterday, the 13th inst. without yet knowing what has become of his vessel, the brig Jay, her cargo, or any thing belonging to her, and without ever having been heard, either in behalf of said property or of him- OF JOHN AIXAMS. 43 self, during all the time of near nine months he was detained in Guadaloupe, plundered of every thing belonging to him, and not left a second shirt to put on ; that during his detention in Point-a-Petre, Captain Lyle, of Baltimore, as he passed by said prison-ship, having seen and recollected the depo nent, had applied to the commissaire de guerre in his behalf, but in vain, as said Captain Lyle after wards told the deponent." Having related the principal depredations committed upon the commerce of the United States, by the respective powers of Great Britain and France, during the year 1796, I shall now give a general view of Mr. Monroe s embassy, and of those circumstances which led to the unfortu nate misunderstanding which existed between A- merica and France, during the administration of Mr. Adams. For some time previous to 1794, the conduct of the Executive of this country had been extreme ly distant and ceremonious towards the Republic of France, nor did the recal of Mr. Genet, the French Ambassador, whose personal altercations with the President had led the French government to make this act of solemn reparation, effect any change in its favour. The French justly supposed, that na tional honour, if not national gratitude, would have prevented the American government from seizing the opportunity when they were struggling for their political existence, against the power of despots, to throw herself into the arms of their most 44 THE ADMINISTRATION potent enemy. It was, therefore, with equal sur prize and indignation, that they heard of the ne- gociation which Mr. Jay was carrying on between America and England, the tenor of which was so evidently in opposition to treaties already existing between- them and us. An intercepted letter from the President of the United States, addressed to Mr. Morris, who of ficiated as secret agent of the American govern ment, in London, had discovered to the Directory the hostile views of the government of the United States, and the intrigues they were carrying on with England. This letter, which was dated at Philadelphia, the 22d of December, 1794, was saved from the wreck of the Boston packet, that had foundered on the coast of France. It was a detailed answer to various letters of Mr. Morris, respecting the pending negociation. The Presi dent complained highly of the haughty conduct of the English administration, and of the arbitrary measures which they had pursued, and which they were continuing to pursue, with respect to American navigation. He requested Mr. Morris o represent to the minister, not only the injustice, but the impolicy of this conduct, particularly, at the moment when it was so much the interest of England, to conciliate the minds of the inhabitants of the United States to the acceptance of the trea ty. He detailed the efforts he had made, and the difficulties he had undergone, to overcome the wayward disposition of his countrymen towards >. OF JOHN ADAMS. 45 French politics, the abettors of which, were the chief opponents of the treaty in question, which, however, he said, had the approbation of the greater and more respectable part of the community. His main object, he observed, the only object, indeed, which ought to be continually kept in view, was peace, which he was most anxious to preserve; and if America was happy enough to keep herself out of European quarrels, she might, from the increase of her trade, from securing the monopoly of being the carrier of the world, vie, in twenty years, with the most formidable power in Europe. Such sentiments from the President of the United States, naturally awakened in the French, those feelings of resentment which arise from a o sense of injury, heightened by ingratitude ; and excited also in them a desire of displaying that re sentment. On the 2d of August, 1794, when Mr. James Monroe, who had been appointed our Minister Plenipotentiary to the French Republic, arrived in Paris, he perceived an apparent coolness and distrust in the proceedings of the French Conven tion, and affairs appeared to him to be in a train for an entire separation of the two countries. More than a week elapsed after he presented his credentials to the commissary of foreign affairs, without obtaining an answer when he should be received. The state of things occasioned by the fall of Robespierre, which took place before his 46 THE ADMINISTRATION arrival, he imagined might be the reason of this delay, bat he soon understood that it proceeded from a very different cause. It was intimated to him, that the committee of public safety had im bibed an opinion, that Mr. Jay was sent to Eng land with views unfriendly to France, and that his mission was adopted for the purpose of cover ing and supporting Mr. Jay s to England ; that Mr. Jay s was a measure of substantial import, contemplating on the part of America, a close union with England, and that Mr. Monroe s was an act of policy, intended to amuse and deceive. It was added, that this impression not only caused the delay of his reception, but that the committee, being unwilling to become the dupes of this policy, was devising how to defeat it. Upon consideration of these circumstances, Mr* Monroe addressed a letter to the Convention on the 14th of August, notifying his arrival, and ask ing to what department of the government he should present himself for recognition. This ex pedient procured the desired effect, and he was received by the convention itself, on the day fol lowing. When he delivered his address to the convention, he laid likewise before it, the resolu tions of the Senate and Plouse of Representatives, as communicated by the administration, in respect to France and the French revolution. After being recognized, the first object Mr. Monroe turned his attention to, was the deranged state of American commerce, and, for that pur- OF JOHN ADAMS. 47 pose, he applied to the committee of public safe ty, for a restoration of the ancient and legitimate order of things, with reparation for the injuries America had sustained. His first note to the com mittee on this subject was dated the 3d of Septem ber, 1794. ...six weeks, however, elapsed without receiving any satisfactory answer. On the 18th of October, he sent in a second note in support of the former, but with little effect. He at last obtained an interview with the diplomatic members of the committee; commencing a conversation with a de sign to lead them to that point, that he might ex plain in a suitable manner, the objects of Mr. Jay s mission to England. The Gazettes of Paris, at that time, were filled with reports that Mr. Jay was to pass over to France, to propose a mediation of peace, on the part of America, at the instance of England. ...which reports increased, in a consider able degree, the suspicions of the committee. Mr. Monroe, therefore, with a view of doing away those ideas, proposed an offer of our services, to promote peace by way of mediation, according to an article in his instructions ; but in a manner to create belief that we neither wished, nor would undertake that office, unless by solicitation ; nor then, except at the instance of our ally ; ad ding that he wanted no immediate answer to this communication, having made it only to inform them of the amicable views of our administration towards France. So far Mr. Monroe s object went to discredit the report without noticing it* 48 THE ADMINISTRATION The members, however, adverted directly to it, ask ing Mr. Monroe, whether it was true ; to which he replied, that it could not be true, since Mr. Jay was sent to England on special business, only tc to demand compensation for the depredations on our trade, and the surrender of the western posts," to which his authority was strictly limited. The members acknowledged in terms sufficiently polite, the atttention which was shewn on that occasion, by the administration, to the interests of France, as well in the offer of service to the French Republic by the United States, as in the confidential communication Mr. Monroe made upon the subject of our own affairs. Thus the conference ended. About this time, Mr. Monroe was applied to by M. Gardoqui, minister of Finance in Spain, to obtain for him, of the French government, per mission to enter France, ostensibly to attend cer tain baths on account of ill health, but more pro bably to open a negociation for peace with the French Republic. At first, Mr. Monroe was a- verse to comply with his demand, but it having been reiterated, and passing by trumpet through the Spanish and French armies, he could not avoid, presenting it to the view of the French govern ment. After this incident, he was asked by the diplo matic members of the committee of public safety, whether he thought they could obtain by loan, of the United States, or within the United States, some OF JOHN ADAMS. 4i> money to aid the French government in its opera tion. Mr. Monroe understood, about four or five millions of dollars were wanted to be laid out in the purchase of provisions and other supplies in the United States. Shortly after, he was informed by the diplomatic members of the Committee of Public Safety, that their minister, then about to de part for the United States, would be instructed to propose an arrangement, whereby France should engage to secure the attainment of all our claims, O O upon foreign powers, when she made her own trea ties with them, as likewise to protect our commerce from the Algerines. By these several communications and explana tions on Mr. Monroe s part, which were much aid ed by the movements of general Wayne on the frontiers, shewing, that if America was not in a state of actual war with Great Brirain, so neither was she in a state of actual peace, the doubts which the committee had entertained began to wear away. On the 18th of November, 1794, the Committee of Public Safety, passed an arrete, by which the commissary of marine was ordered to adjust the amount due to our citizens on account of the Bourdeaux embargo, as likewise for supplies ren dered to the government of St. Domingo. By it, too, the embarrassments which impeded our direct commerce with France, as also those which im peded it with other countries, by the arbitrary rule of contraband, in respect to provisions destined for G 50 THE ADMINISTRATION those countries, were done away. Free passage in American vessels was likewise allowed to the sub jects of the powers at war with France, other than soldiers and sailors in the actual service of such powers. In short, all the objects to which Mr. Monroe s note of the 3d of September extended, were yielded, except that of allowing our vessels to protect enemies goods; which point w r as de clared to be withheld until such powers should a- gree that the merchandize of French citizens, in neutral vessels, should likewise be free. Thus the business of reform, respecting our af fairs with France, was commenced. ...but it did not end here ; for, not long after, it was proposed by the above-named committee, united -with that of le gislation, in a report to the convention, as the part of a general system, to put in execution like wise that article of our treaty which stipulates that free ships shall make free goods ; which pro position was adopted and announced to Mr. Mon roe, on the 3d of January, 1795. Our affairs with France were now in a pros perous state. By the repeal of the decrees under which our trade was harrassed. there was an end put to complaints from that cause ; and, as orders were issued for the adjustment of the accounts of such of our citizens as had claims upon the French Republic, with a view to their payment, the pros pect of retribution for past losses was likewise a good one. Our commerce, also, flourished beyond what was ever known before ; for, by virtue of our OF JOHN ADAMS. a treaty with France of 1778, America was becom ing the carrier of her own commodities to England and her allies. Such, too, was the friendly bias of the people of France towards us, that notwithstand^ ing our vessels gave no protection to French proper ty against English cruizers, nor in certain cases to the productions of the French islands turned into American property, yet we were become likewise the principal carriers of France. ..even the privilege of American citizenship was an object of great va lue to the owner, for an American citizen could neutralize vessels, funds, &c. and thus profit in many ways by the condition of his country. In short, such was our situation with the French Re public, and with other powers, so far as depended on France, that there was but one point upon which we had cause to feel or express any solici tude ; which was, that it might not vary* But, unhappily, this state of things, so corres pondent with the ancient relations of America with France, so congenial with the public sentiments, and necessary to the public welfare, was not doom ed to be a permanent one ; for even whilst the proposition last above-mentioned, was depending before the convention, accounts were received from England, that Mr. Jay had concluded a trea ty with that power of a very different import from his instructions, or what the French government had a right to expect. As soon as this report reached Paris, it produ ced in the committee a very disagreeable sensation 52 THE ADMINISTRATION in regard to America ; for immediately afterwards, Mr. Monroe was applied to by that body in a let ter, which stated, that they had heard of the con tents of that treaty, and asking in what light they Were to consider it. It happened that Mr. Mon roe had received on the same day a letter from Mr. Jay, of the 25th of November, informing him, that he had concluded, on the 19th of the same month, a treaty with Great Britain, which contain ed a declaration that it should not be construed or operate contrary to our existing treaties, " but as it was not ratified it would be improper to publish it." Mr. Monroe, therefore, made Mr. Jay s letter the basis of his reply to the committee, adding, that although he was ignorant of the particular stipula tions of the treaty, yet he took it for granted the report was altogether without foundation. On the 16th of January, 1795, Mr. Monroe received another letter from Mr. Jay, informing him, that he proposed to communicate to him, in cyphers, the principal heads of the treaty, confi dentially. Mr. Monroe being surprised at this intelligence, and not wishing to possess a copy of the treaty, if clogged with any condition what ever, wrote to Mr. Jay, by a Mr. Purviance, to that purpose. He received an answer, refusing to send him a copy of the treaty, urging, as a motive for his refusal, that America was an independent nation. Soon after this extraordinary answer, Mr. Mon roe received another letter from Mr. Jay, by Colo- OF JOHN ADAMS. 53 nel Trumbull, informing him that he had authori zed that gentleman to communicate to him the contents of the treaty, but this proposition Mr. Monroe very properly rejected. Colonel Trumbull, however, made a commu nication upon the subject of the treaty, to Mr. Hidsborn, of Boston, with a design that he should communicate the same to Mr. Monroe. ...in con sequence of which, Mr. Monroe received it, and made of it, afterwards, all the use which a paper so informal would admit of. About the beginning of February, 1795, Mr. Monroe received a letter from the Secretary of State, dated the 2d of December, 1794. In this letter, the Secretary takes notice of Mr. Monroe s address to the Convention, as also of his letter to the Committee of Public Safety. In the first, he charges him with having expressed a solicitude for the welfare of the French Republic, in a style too warm and affectionate.... much more so than his instructions warranted. For the future, he in structs him to cultivate the French Republic with zeal, but without any unnecessary eclat. In Mr. Monroe s letter to the Committee, demanding an indemnity for spoliations, and a repeal of the de crees suspending the execution of certain articles of our treaty of commerce with France, the Secre tary censures Mr. Monroe for having yielded an interest it was his duty to secure. About the beginning of July, 1795, Colonel Humphreys, then Resident Minister of the United 54 THE ADMINISTRATION States, at Lisbon, arrived at Paris r with a view obtain of the French Government, its aid in port of our negociations with the Barbary powers, He brought no letter from the administration to the French Government, to authorize his treating with it in person, and, of course, it became the duty of Mr. Monroe, to apply in his behalf for the aid that was desired. Accordingly, he addressed a letter to the Committee of Public Safety, on the 5th of July, 1795, opening the subject to its view generally, and requesting its aid in such mode as should be agreed between them. Mr. Monroe had several conferences with the members of the diplomatic section of the Committee of Public Safe ty, upon the subject, as also with the Commissary of Foreign Affairs, by whom he was assured, that the aid desired should be given in the most effica cious manner that it could be. Arrangements were, therefore, taken for pursuing those negociations, under the care of Joel Barlow, and with the full aid of France, when, unfortunately, as Mr. Bar low was upon the point of embarking with our presents, intelligence was received, that a Mr. Donaldson, whom Colonel Humphreys had left at Alicante, with a conditional power, but in the ex pectation that he would not proceed in the business till he heard further from him, had passed over to Algiers, and concluded a treaty with that regency, and, of course, without the aid of France -, which, therefore, ended our application to the French gov ernment for its aid in support of our negociations with those powers. OF JOHN ADAMS. 55 Early in June, 1795, accounts were received in Paris, that the British government had revived its order for the seizure of provision vessels destined for France. At that period, Paris, and many other parts of France, were in the greatest distress for provisions ; in consequence whereof, the atten tion of the government was directed with great solicitude, to those quarters whence supplies were expected, particularly to the United States, where great sums had been expended in the purchase of them. Unfortunately, however, but few of those vessels reached their destination, as they were, in general, taken by the British cruizers. It being obvious, that the aggression of Great Britain upon the rights of neutral nations, was made with the intention of increasing the distress that was then raging at Paris^ it tended to excite a ferment in the French councils, which was not pointed against Great Britain alone. The United States were par ticularly animadverted upon, owing to a report from one of its secret agents in England, who stated, he was advised, through a channel to be relied upon, that the English government had intimated the measure would not be offensive to the United States, since it was a case provided for between Great Britain and them. About the middle of August, 1795, American Gazettes were received at Paris, containing copies of the English treaty, whereby its contents were made known to the committee of Public Safety. From this period, therefore, all mystery was at an 56 THE ADMINISTRATION end. ...the possession of the treaty enabled the French government to judge for itself upon all the points which it involved. Nor was the effect which it produced an equivocal one; for, accord ing to Mr. Monroe s report, there was not a de scription of persons, not in the interest of the coa lesced powers, who did not openly and severely censure it. In the beginning of December, 1795, Mr, Monroe received two letters from Mr. Pickering, by which he was informed officially, and for the first time, that the treaty was ratified. From this period, to the 25th of June, 1796, Mr. Monroe had frequent conferences with sever al of the members of the Directory, from whom he received the flattering assurance of the friend ship of France towards the United States. But this prospect was soon changed, by a letter which he received from the Minister of Foreign Affairs, re questing information, whether the intelligence which the Gazettes announced, of the House of Representatives having agreed to carry the treaty into effect, was to be relied on ? and, in case it was,, asking further, in what light they were to view that event, before he called the attention of the Directory to those consequences resulting from it, which specially interested the French Republic ? Mr. Monroe replied to the Minister, that with respect to his first interrogatory, whether the House of Representatives had passed a law to carry the treaty into effect ? he could give him no authentic OF JOHN ADAMS. 57 information.... and with respect to the second, as he had already answered his several objections to that treaty, to which he had received no reply, it was impossible, for him to enter again, under such circumstances, into that subject. In the beginning of August, 1796, the Direc tory recalled Mr. Adet, arid appointed another to take his place, with the grade of charge des af faires. Mr. Monroe apprehending, from certain circumstances, that he would not be well received by the government of the United States, remon strated against his appointment with the French government, and with success; for it was revoked. In the beginning of August, Mr. Monroe saw in the Gazette, a communication from the Minister of Foreign Affairs to Mr. Barthelemy, the Am bassador of France to the Swiss Cantons, announc ing an arrete of the Directory, by which it was determined to act towards the commerce of neutral powers, in the same manner as those powers per mitted the English government to act towards them. In consequence whereof, he applied to the Minister for information relative to that arrete, from whom he received a general answer, corres ponding only in sentiment with the letter above- mentioned, to the Ambassador of the Republic, at Basle. About the end of August, Mr. Monroe heard that Mr. Adet was recalled, and no successor ap pointed in his room. He was informed, at the same time, that any further application from him to the THE ADMINISTRATION French government would be improper ; since it would not only prove fruitless, but, most probably, produce an ill effect. Near seven months had elapsed since the Mi nister of Foreign Affairs communicated to Mr. Monroe the discontent of the Directory, on ac count of Jay s treaty, and its decision to make the same known to our government by an Envoy Ex traordinary, to be dispatched to the United States ; in the course of which time, he had not received a single line from the Department of State, although he had regularly informed it of every incident that occurred, and notwithstanding the crisis was a very important onc\ requiring the profound attention of the Administration. In the course of this time, Mr. Monroe was left alone by the Administra tion, to oppose the discontent of France, not only unaided, but likewise under circumstances the most unfavourable. At this period, also, he received a letter from the Secretary of State, of the 13th of June, communicating to him the high dissatisfaction of the President, on account of his conduct respecting the British treaty. On the 12th of October, he received a letter from the Minister of Foreign Affairs, announcing the recal of Mr. Adet, and in the beginning of November, he received a letter from the Secreta ry of State, announcing his own recal by the Presi dent of the United States. The Directory, when Mr. Monroe took leave, observed, as they had done on a former occasion OF JOHN ADAMS. 59 with respect to Sweden, that the People of Ame rica not being, implicated in the acts of their gov ernment, were still objects of their esteem ; and expressed ako their personal regard for the inte rest which Mr. Monroe, during his residence at Paris, had shewn for the welfare of the Republic. The news of the intended resignation of the President of the United States, had preceded the arrival of the new Ambassador, Mr. Pinckney. This event, which was expected by the French gov ernment, had, in some measure, allayed its warmth ; and it was hoped that an amicable arrangement would speedily have taken place, as it was sup posed that the choice of the United States would fall on a person less hostile to their interests; but as the exchange of Ambassadors under the present circumstances, afforded so favourable an opportu nity of expressing their feelings, they not only re fused to permit the new Ambassador to remain of ficially at Paris, but intimated to him, that his resi dence as a private citizen was inexpedient. CHAPTER III, Speech of the President.... Answer from the House of Representatives. ...Proceedings of Congress. event had occurred since the confedera tion of the States, which excited such general con sternation and anxiety among all classes of people, as the proclamation for the meeting of Congress, 60 THE ADMINISTRATION on the fifteenth of May. The recal of Mr. Adet. and the dismission of Mr. Pinckney, by the Direc tory of France, sufficiently evinced the opinion which that Republic entertained of our Adminis tration. From the well known principles of Mr. Adams, it was not to be expected that proper per sons would be appointed to effect a reconciliation between the two countries. Yet, great hopes were entertained by the republican party, that whatever might be the views of the Executive, the virtue and patriotism of the House of Representatives were such, as never to allow them to abandon our natural ally, and embrace again the arms of Bri tain, against the cause of universal freedom. The first business which the House of Repre sentatives entered upon after having met, was the choice of a Speaker. Mr. Dayton, Mr. Dent and Mr. Baldwin, were the three candidates ; but Mr. Dayton was elected, there being seventy-six votes in his favor. Mr. Dent and Mr. Baldwin had only one each. Upon Tuesday, the 16th of May, the President addressed to both Houses of Congress assembled, the following speech : " Gentlemen of the House of Representatives , cc The personal inconveniences to the members of the Senate and House of Representatives, in leaving their families and private affairs at this sea son of the year, are so obvious, that I the more re gret the extraordinary occasion which has render ed the convention of Congress indispensable. OF JOHN ADAMS. 61 " It would have afforded me the highest satis faction, to have been able to congratulate you on a restoration of peace to the nations of Europe, whose animosities have endangered our tranquility....but we have still abundant cause of gratitude to the supreme dispenser of national blessings, for gene ral health and promising seasons ; for domestic and social happiness ; for the rapid progress and am ple acquisitions of industry, through extensive ter ritories ; for civil, political and religious liberty. While other States are desolated with foreign war or convulsed with intestine divisions, the United States present the pleasing prospect of a nation, governed by mild and equal laws, generally satis fied with the possession of their rights ; neither en vying the advantages nor fearing the power of other nations ; solicitous only for the maintenance of or der and justice, and the preservation of liberty ; increasing daily in their attachment to a system of government, in proportion to their experience of its utility ; yielding a ready and general obedience to laws, flowing from the reason and resting on the oniy solid foundation, the affections of the people. " It is with extreme regret I shall be obliged to turn your thoughts to other circumstances, which admonish us, that some of these felicities may not be lasting; but if the tide of our prosperity is full, and a reflux commencing, a vigilant circumspection becomes us, that we may meet our reverses with fortitude, and extricate ourselves from their conse quences, with all the skill we possess, and all the efforts in our power. 62 THE ADMINISTRATION cc In giving to Congress information of the state of the union, and recommending to their considera tion, such measures as appear to me. expedient or necessary, according to my constitutional duty, the causes and the objects of the present extraordinary session will be explained. " After the President of the United States receiv ed information that the French government had expressed serious discontents at some proceedings of the government of these States, said to affect the interests of France, he thought it expedient to send to that country, a new minister, fully instruct ed to enter on such amicable discussions, and to give such candid explanations, as might happily re move the discontent and suspicions of the French government, and vindicate the conduct of the Uni ted States. For this purpose, he selected from among his fellow citizens, a character, whose inte grity, talents, experience and services, had placed him in the rank of the most esteemed and respected in the nation. The direct object of his mission was expressed in his letters of credence to the French Republic, being, to " maintain that good under standing, which, from the commencement of the alliance, had subsisted between the two nations, and to efface unfavorable impressions, banish suspicions and restore that cordiality, which was at once the evidence and pledge of a friendly union/ And his instructions were to the same effect, " faithfully to represent the disposition of the Government and People of the United States, their disposition be- OF JOHN ADAMS. 63 ing one - y to remove jealousies and obviate com plaints, by shewing that they were groundless 5 to restore that mutual confidence which had been so unfortunately and injuriously impaired, and to ex plain the relative interests of both countries, and the real sentiments of his own." " A minister thus specially commissioned, it was expected, would have proved the instrument of restoring mutual confidence between the two re publics. ...the first step of the French government corresponded with that expectation. A few days before his arrival at Paris, the French Minister of Foreign Relations, informed the American Minister then resident at Paris, of the formalities to be ob served by himself in taking leave, and by his suc cessor, preparatory to his reception. These formal ities they observed ; and on the ninth of December, presented officially to the Minister of Foreign Re lations, the one a copy of his letters of recal, the other a copy of his letters of credence. These were laid before the Executive Directory. Two days afterwards, the Minister of Foreign Relations, informed the recalled American Minister, that the Executive Directory had determined not to receive another Minister Plenipotentiary from the United States, until after the redress of grievances demand ed of the American government, and which the French Republic had a right to expect from it. The American Minister immediately endeavoured to ascertain, whether, by refusing to receive him, it was intended that he should retire from the territo- 64 THE ADMINISTRATION nes of the French Republic, and verbal answers were given, that such was the intention of the Direc tory. For his own justification, he desired a written answer ; but obtained none until towards the last of January : when, receiving notice in writing to quit the territories of the Republic, he proceed ed to Amsterdam, where he proposed to wait for instruction from this government. During his residence at Paris, cards of hospitality were refused him, and he was threatened with being subjected to the jurisdiction of the minister of Police. ...but with becoming firmness, he insisted on the protec tion of the law of nations, due to him as the known minister of a foreign power. You will derive fur ther information from his dispatches, which will be laid before you. 66 As it is often necessary that nations should treat for the mutual advantage of their affairs, and espe- pecially to accommodate and terminate differences ; as they can treat only by ministers, the right of em bassy is well known, and established by the law and usage of nations; the refusal on the part of France to receive and hear our minister, is then the denial of a right, but the refusal to receive him until we have acceded to their demands, without discussion and without investigation, is to treat us neither as allies, nor as friends, nor as a sovereign State. " With this conduct of the French government, it will be proper to take into view the public audi ence given to the late minister of the United States, OF JOHN ADAMS. 65 on his taking leave of the Executive Directory. The speech of the President discloses sentiments more alarming than the refusal of a minister, be cause more dangerous to cur independence and union ; and, at the same time, studiously marked with indignities towards the government of the o o United States.... it evinces a disposition to separate the people of the United States from the govern ment ; tj persuade them that they have different affections, principles and interests from those of their fellow citizens, whom they themselves have chosen to manage their common concerns, and thus to produce divisions fatal to our peace. Such at tempts ought to be repelled, with a decision which shall convince France and the world, that we are not a degraded people, humiliated under a colonial spirit of fear and sense of inferiority, fitted to be the miserable instruments of foreign influence, and regardless of national honor, character and interest. C I should have been happy to have thrown a veil over these transactions, if it had been possible to conceal them, but they have passed on the great theatre of the world, in the face of all Europe and America, and with such circumstances of publicity and solemnity, that they cannot be disguised, and will not scon be forgotten ; they have infliicted a wound in the American breast. ...it is ray sincere desire, however, that it may be healed ; it is my sincere desire, and in this, I presume, I concur with you and with our constituents, to preserve peace and friendship with all nations ; an<4 believing that THE ADMINISTRATION neither the honour nor the interest of the United States absolutely forbid the repetition of advances for securing those desirable objects with France^ I shall institute a fresh attempt at negociation, and shall not fail to promote and accelerate an accom modation, on terms compatible with the rights, duties, interests and honour of the nation. If we have committed errors, and these can be demon strated, we shall be willing to correct them ; if we have done injuries, we shall be willing, on convic tion, to redress them; and equal measures of jus tice, we have a right to expect from France, and every other nation. The diplomatic intercourse between the United States and France being at present suspended, the government has no means of obtaining official information from that country; nevertheless, there is reason to believe, that the Executive Directory passed a decree on the second of March last, contravening in part, the treaty of amity and commerce of 1778, injurious to our law ful commerce and endangering the lives of our ci tizens. A copy of this decree will be laid before you. " While we are endeavoring to adjust all our dif ferences with France by amicable negociation, the progress of the w r ar in Europe, the depredations on our commerce, the personal injuries to our citi zens, and the general complection of affairs, render it my indispensable duty, to recommend to your consideration, effectual measures of defence. "The commerce of the United States has become OF JOHN ADAMS. 67 an interesting object of attention, whether we con sider it in relation to the wealth and finances, or the strength and resources of the nation. With a sea coast of near two thousand miles in cxtent,-opening a wide field for fisheries, navigation and commerce, a great portion of our citizens naturally apply their industry and enterprize to these objects ; any se rious and permanent injury to commerce, would not fail to produce the most embarrassing disor ders; to prevent it from being undermined and destroyed, it is essential that it receive an ade quate protection. " The naval establishment must occur to every man who considers the injuries committed on our commerce, the insults offered to our citizens, and the description of the vessels by which these abuses have been practised ; as the sufferings of our mer cantile and seafaring citizens cannot be ascribed to the omission of duties demandable, considering the neutral situation of our country v they are to be attributed, to the hope of impunity arising from a supposed inability on our part, to afford protection to resist the consequence of such impressions on the minds of foreign nations, and to guard against the degradation and servility which- they must finally stamp on the American character, is an important duty of government. "A naval power, next to the militia, is the na tural defence of the United States. The experi ence of the last war would be sufficient to shew that a moderate naval force, such as would be es- 68 THE ADMINISTRATION sily within the present abilities of the Union, would have been sufficient to have baffled many formidable transportations of troops from one state to another, which were then practised.... our sea coasts, from their great extent, are more easily annoyed, and more easily defended by a naval force than any other ; with all the materials our country abounds ; in skill, our naval architects and navigators are equal to any ; and commanders and seamen will riot be wanting. " But, although the establishment of a perma nent system of naval defence appears to be requi site, I am sensible it cannot be formed so speedi ly and extensively as the present crisis demands. Hitherto, I have thought proper to prevent the sailing of armed vessels, except on voyages to the East-Indies, where general usage, and danger from pirates, appeared to render the permission proper -, yet the restriction has originated solely from a wish to prevent collusions with the powers at war, con travening the act of Congress of June, one thous and seven hundred and ninety-four, and not from a- ny doubt entertained by me of the policy and pro priety of permitting our vessels to employ means of defence, while engaged in a lawful foreign commerce. It remains for Congress to prescribe such regulations, as will enable our sea-faring citi zens to defend themselves against violations of the O law of nations, and at the same time restrain them from committing acts of hostility against the pow ers at war. In addition to this voluntary provi- OF JOHN ADAMS. 69 sion for defence, by individual citizens, it appears to ine necessary, to equip the frigates, and provide other vessels of inferior force, to take under con voy such merchant vessels as still remain un armed. "The greater part of the cruizers, whose de predations have been most injurious, have been buiit, and some of them partially equipped in the United States. Although an effectual remedy may be attended with difficulty, yet I have thought it my duty to present the subject generally to your consideration. If a mode can be devised by the \visdom of Congress, to prevent the resources of the United States from being converted into the means of annoying our trade, a great evil will be prevented. ...with the same view I think it proper to mention, that some of our citizens resident abroad, have fitted out privateers, and others have volun tarily taken the command, or entered on board of them, and committed spoliations on the commerce of the United States. Such unnatural and iniqui tous practices can be restrained only by severe punishments. " But besides a protection of our commerce on the seas, I think it highly necessary to protect it at home, where it is collected in our most important ports. The distance of the United States from Eu rope, and the well known promptitude, ardor and courage of the people in defence of their country, happily diminish the probability of invasion : ne vertheless, to guard against sudden and predatory ! 70 THE -ADMINISTRATION incursions, the situation of some of our principal sea-ports demands your consideration ; and as our country is vulnerable in other interests besides those of its commerce, you will seriously deliber ate, whether the means of general defence ought not to be increased, by an addition to the regular artillery and cavalry, and by arrangements for form ing a provisional army. " With the same view, and as a measure which even in time of universal peace ought not to be ne glected, I recommend to your consideration, a re vision of the law r s for organizing, arming and dis ciplining the militia, to render that natural and safe defence of the country efficacious. Although it is very true that we ought not to involve ourselves in the political system of Europe, but to keep ourselves always distinct and separate from it, if we can; yet to effect this separation, early, punctual, and continual information of the current chain of events, and of the political projects in contemplation, is no less necessary than if we were directly concern ed in them. ...it is necessary, in order to the dis covery of the efforts made to draw us into the vor tex, in season to make preparation against them. However we may consider ourselves, the maritime and commercial pow r ers of the world will consider the United States of America, as forming a weight in that balance of power in Europe, which never can be forgotten or neglected. ...it would not only be against our interest, but it would be doing wrong to one half of Europe at least, if we should volun- OF JOHN ADAMS, 71 tarily throw ourselves into either scale. ...it is a na tural policy for a nation that studies to be neutral, to consult with other nations engaged in the same studies and pursuits. ...at the same time that meas ures might be pursued with this view, our treaties with Prussia and Sweden, one of which is expired, and the other near expiring, might be renewed, " Gentlemen of the House of Representatives, " It is particularly your province to consider the state of the public finances, and to adopt such measures respecting them, as exigencies shall be found to require ; the preservation of public credit, the regular extinguishment of the public debt, and a provision of funds to defray any extraordinary expence, will, of course, call for your serious at tention ; although the imposition of new burthens cannot be in itself agreeable, yet there is no ground to doubt, that the American people will expect from you, such measures as their actual engage ments, their present security, and future interest demand. " Gentlemen of the Senate r , and ee Gentlemen of the House of Representatives, "The present situation of our country, imposes an obligation on all the departments of government, to adopt an explicit and decided conduct. In my situation, an exposition of the principles by which my administration will be governed, ought not to be omitted. " It is impossible to conceal from ourselves or the world, what has been before observed, that endea- 72 THE ADMINISTRATION vours have been employed to foster and establish a division between the government and people of the United States. To investigate the causes which have encouraged this attempt, is not necessary ; but to repel, by decided and united councils, insi nuations so derogatory to the honor, and aggres sions so dangerous to the constitution, union and even independence of the nation, is an indispensa ble duty. " It must not be permitted to be doubted, whe-r ther the people of the United States will support the government established by their voluntary con sent, and appointed by their free choice, or whe ther, by surrendering themselves to the direction of foreign and domestic factions in opposition to their own government, they will forfeit the honourable station they have hitherto maintained. " For myself, having never been indifferent to what concerned the interests of my country ; devo ted the best part of my life to obtain and support its independence, and constantly witnessed the patriotism, fidelity and perseverence of my feliow citizens on the most trying occasions, it is not for me to hesitate or abandon a cause in which my heart has been so long engaged. " Convinced that the conduct of the govern ment has been just and impartial to foreign nations, that those internal regulations, which have been established by law for the preservation of peace, are in their nature proper, and that they have been fairly executed, nothing will ever be done by OF JOHN ADAMS, 73 me to impair the national engagements, to innovate upon principles which have been so deliberately and uprightly established, or surrender in any man ner, the rights of the government, To enable me to maintain this declaration, I rely, under God, with entire confidence on the firm and enlightened sup port of the national legislature, and upon the virtue and patriotism of my fellow citizens." The business which engaged both Houses of Congress, for the first fortnight of this session, was the preparing of an answer to Mr. Adams, for this gracious speech. Messrs. Venable, Freeman, Griswold, Kittera and Rutledge, were the commit tee appointed by the House of Representatives for that purpose. The three latter were truly federal ; and the first report they gave in, was even too com plaisant for many of the federal faction to suffer. Mr. Nicholas, of Virginia, proposed an amend ment, which tended to modify the approving pane gyric contained in the answer. He said, that this was the most important crisis America had known since the Declaration of its Independence ; and it would depend much upon the answer returned to the President s speech, whether we were to witness a similar scene of havoc and distress, to that which was not yet forgotten. The situation in which we stood with respect to France, in his opinion, called for the most judicious proceedings ; it was his wish, to heal the breach, which was already too great, by temperate, rather than wi4en it by irritating meas ures. K TH-E ADMINISTRATION He confessed, that he considered the answer re ported to them, as going to decide the question of peace or war for this country.. ..he thought it a thing of that sort which might have the worst pos sible consequence,, and could have no good effect ; it might tend to irritate, to prevent any sort of in quiry or settlement taking place, but could not serve towards an adjustment of differences. What, said Mr. Nicholas, can be expected, if Americans act upon this temper? Their declaration with respect to France, will probably reach that country before an envoy can be sent to endeavour to negociate a settlement of differences.... why endeavor to frighten them, when we are the weakest power ? He said, he did not mean to recommend humiliating measures ; he would pledge himself not to submit to insult with out redress, nor was any man more unwilling to make mean or improper concessions than he ; but the language of moderation and justice he preferred to a boasting manner. If injury or error had been committed on the part of America, he wished it to be corrected. He considered it to be for the honor, credit and interest of America, that the committee should go into a fair and full examination of the address before them, and he hoped that examina tion would take place. Mr. Freeman, member for New-Hampshire, after several preliminary observations, declared, he should vote for the amendment, as he saw nothing in it exceptionable. ...it did not con tain, he saidj an unqualified approbation of the OF JOHN ADAMS. 73 measures of the executive, nor any undignified ex pressions. If the amendment should not prevail, still the original report might be so amended, as to induce him, perhaps, to vote for it. He hoped a spirit of conciliation would obtain, and that unani mity might prevail on the occasion. Mr. Edward Livingston,* of New- York, in a speech of five hours, which it would be impossible to abridge, supported the amendment. Mr. Gallatin was of opinion the debate had beerr extended on so wide a field, that the object which, in his mind, occupied the first place, was in some ; measure, deprived of the full consideration which time and circumstances demanded; he thought those, arguments which .concerned the conduct of foreign, nations towards each other, might as well have, been omitted altogether, on the present occasion, The members of the committee might be made sen-, sible of the irritation of such discussions, but he be lieved no one would pretend to say, he was fully in formed of foreign concerns on either side, to decide upon their policy or impolicy. At the same time,, it should be considered, that the situation of Ame rica, and the best policy to be pursued in her situa tion, were the only proper objects of our immediate attention, and those alone upon which the House * This gentleman is a descendant of a Scotch family, who emigrated to America the beginning, of last century. His great grandfather was a John Livingston, a Presbyterian Clergyman, who made a conspicuous figure during the reformation. Mr- Livingston has lately been elected Mayor of New-York. 6 THE ADMINISTRATION should pretend to be properly informed, or to de cide with effect. The question before the house, he said, was the amendment proposed by the gentleman from Vir ginia, (Mr. Nicholas) respecting which, we could not be too speedy in our decisions. The events on the other side of the Atlantic, were so rapid, as not to be within our reach or controul ; we even did not know the events which had already taken place. He would not rely on the generosity of any nation in particular circumstances ; and there was no knowing the extent to Which success might lead men, under a mistaken impression of injury. Ame rica ought to lose no time. France had nearly overwhelmed all Europe by land. ...what she might do next, we did not know : whether she was just or unjust, we should at least not lose time in nego tiation ; and we ought the more readily to do this, because there was no man in America, of what party he might be, who would not resist, if resist ance was required ; therefore, (he said) while the conflict remained doubtful, it became us to deter mine on cur affairs; and as the amendment appear ed to furnish the only grounds upon which negocia- tion was at all likely to be attended with the neces sary effects of securing power and independence; they ought to be preserved. Several other amendments having been propo sed and carried, the following address was at length agreed to, and presented to the President by the members of the House of Representatives, on the 3d OF JOHN ADAMS,. 77 of June, who all walked in procession for that pur pose : " To the President of the United States. " SIR, "The interesting details of those events which have rendered the convention of Congress, at this time indispensable, (communicated in your speech, to both Houses), has excited in us the strongest emotions. Whilst we regret the occasion, we can not omit to testify our approbation of the measure,. and to pledge ourselves, that m> consideration of private inconvenience, shall prevent, on oar part, a faithful discharge of the duties to which we are called. " We have constantly hoped, that the nations of Europe, whilst desolated by foreign wars, or convulsed by intestine divisions, would have left the United States to enjoy that peace and tranquili- ty to which the impartial conduct of our govern ment has entitled us ; and it is now with extreme regret, we find the measures of the French Repub lic tending to endanger a situation so desirable and interesting to our country. " Upon this occasion, we feel it our duty to ex press, in the most explicit manner, the sensations- which the present crisis has excited, and to assure you of our zealous co-operation in those measures which may appear necessary for our security or peace. " Although it is the earnest wish of our hearts that peace may be maintained with the French Re- THE ADMINISTRATION public, yet we never will surrender those rights which belong to us as a nation ; and whilst we view with satisfaction, the wisdom, dignity and moderation which have marked the measures of the supreme Executive of our country, in its at tempts to remove, by candid explanations, the complaints and jealousies of France, we feel the full force of that indignity which has been offered our country in the rejection of its minister. No- attempts to wound our rights as a Sovereign State will escape the notice of our constituents. ...they will be felt with indignation, and repelled with that decision which shall convince the world that w r e are not a degraded people, that we can never submit to the demands of a foreign power, without examination and without discussion. " Knowing, as we do, the confidence reposed by the people of the United States in their govern ment, we cannot hesitate in expressing our indig nation at any sentiments tending to derogate from that confidence. ...such sentiments, wherever en tertained, serve to evince an imperfect knowledge of the opinions of our constituents. " Sensibly as we feel the wound which has been inflicted by transactions disclosed in your com munication, yet we think with you, that neither the honor nor the interest of the United States forbid the repetition of advances for preserving peace. " We therefore receive, with the utmost satis faction, your information that a fresh attempt at negociation will be instituted, and we cherish the OF JOHN ADAMS. 79 hope, that a mutual spirit of conciliation, and a disposition on the part of France, to compensate for any injuries which may have been committed on our neutral rights, and on the part of the United States, to place France on grounds similar to those of other countries, in their relation and connection with us, if any inequalities shall be found to exist, will produce an accommodation compatible with the engagements, rights, interest and honor of the United States. f( Fully, however, impressed with the uncer tainty of the result, we shall prepare to meet with fortitude, any unfavorable events which may oc cur, and to extricate ourselves from their conse quences, with all the skill we possess, and with all the efforts in our power. Believing with you, that the conduct of the government has been just and impartial to foreign nations, that the laws for the preservation of peace have been proper, and that they have been fairly executed, the representatives of the people do not hesitate to declare, that they will give their most cordial support to the execu tion of principles so deliberately and uprightly es tablished. " The many interesting subjects which you have recommended to our consideration, and which are so strongly enforced by this momentous occa sion, will receive every attention which their im portance demands ; and, we trust, that by the de cided and explicit conduct which will govern our deliberation, every insinuation will be repelled 80 THE ADMINISTRATION which is derogatory to the honor and independence of our country. " Permit us, in offering this address, to express our satisfaction at your promotion to the first office in the government, and our entire confidence that the pre-eminent talents and patriotism which have placed you in this distinguished situation, will ena ble you to discharge its various duties with satis faction to yourself, and advantage to our common country. " The House having returned, went into a com mittee of the whole on the state of the union. The following propositions were brought forward and their consideration occupied the attention of the House the greatest part of the session: 1st. That provision should be made for fortify ing the ports and harbours of the United States- The sum of 75,000 dollars was voted for this pur pose. 2d. That provision be made by law for com pleting and manning the frigates United States, Constitution and Constellation. 3d. That provision be made by law for pro curing by purchase, a further naval force, to consist of three frigates and six sloops of war. 4th. That provision be made by law for em powering the President to employ the naval force of the United States, as convoys, to protect the trade thereof. 5th. That provision be made for regulating the arming of merchant vessels of the United States. OF JOHN ADAMS-. $1 6th. That the military establishment should be augmented by one regiment, a corps of artil lerists and engineers, and several companies of dra goons. 7th. That provision be made for empowering the President to raise a provisional army, to consist of a certain number of regiments of infantry, one regiment of artillery and one regiment of drap-oons. o J o o 8th. That provision be made for authorising the President to borrow money, for the defence and security of the United States. 9th. That a revenue be raised^ adequate to the reimbursement of such sums as the President may borrow. 10th. That the exportation of arms, ammunition and military stores, be prevented for a limited time, On the 12th of June, the President of the United States sent a message to the House of Represent atives, acquainting them, that he had received in formation from the commissioners appointed on the part of the United States, pursuant to the third ar ticle of our treaty with Spain, that the running and marking of the boundary line between the colonies of East and West Florida, and the territory of the United States, had been delayed by the officers of his Catholic Majesty ; and that they had declared their intention to maintain his jurisdiction, and to suspend the withdrawing of his troops from the mi litary posts they occupied within the territory of the United States, until the two governments should, "by negociation ; settle the meaning of the second ar JL THE ADMINISTRATION tide, respecting the withdrawing of the troops, gar risons or settlements of either party, in the terri tory of the other; that is, whether, when the Spa nish garrisons withdrew, they were to leave the works standing or to demolish them ; and until, by an additional article to the treaty, the real property of the inhabitants should be secured; and likewise, until the Spanish officers were sure the Indians would be pacific. The President mentioned, that in order to re move the first difficulty, he had resolved to leave the matter to the discretion of the officers of his Catholic Majesty ; and as to the second, he would cause an assurance to be published, that the settlers or occupants of the land in question, should not be disiurbed in their possessions by the troops of the United States, but on the contrary, that they should be protected in all their lawful claims. He also recommended to the consideration of the house, the expediency of creating a government in the midst of the Natches, similar to that established for the terri.ory North West of the river Ohio, but with certain modifications, relative to titles in claims of land, whether of individuals or companies, or to claims of jurisdiction of any individual state. Towards the close of the session, the attention of Congress was drawn to one of the most singular conspiracies that had hitherto been attempted in the United States, viz. a plan laid by William Blount, a Senator, from the State of Tennessee, and Mr. Listen, the English minister, for the British to OF JOHN ADAMS, 8& invade the Spanish territory from Canada, aided by" men enlisted within the United States, and by the Indians. This mysterious affair was first brought to light by the following- letter from Blount, to a per son of the name of Carey, an Indian interpreter: " Colonel King s Iron Works, April 21, 1797. ic DEAR CAREY, " I wished to have seen you before I returned to Philadelphia ; but I am obliged to return to the session of Congress, which commences on the 15th of May. " Among other things I wished to have seen you about, was the business of Captain Chesholm men tioned to the British minister last winter at Phila delphia. " I believe, but am not quite sure, that the plan then talked of, will be attempted this fall, and if it is attempted, it will be in a much larger way than then talked of ; and if the Indians act their part, I have no doubt but it will succeed. A man of consequence has gone to England about the busi ness, and if he makes arrangements as he expects, I shall have a hand in the business, and probably shall be at the head of the business, on the part of the British. You are, however, to understand., that it is not yet quite certain that the plan will be attempted ; you will do well to keep things in a proper train of action, in case it should be at tempted, and to do so will require all your manage ment....! say all your management, because you must take care in whatever you say to Rogers, or 84 THE ADMINISTRATION any body else, not to let the plan be discovered by Hawkins, Dinsmore, Byers, or any other person in the interest of the States of Spain. " If I attempt this plan, I shall expect to have yon, and all my Indian country arrd all my Indian friends with me ; but you are now in good busi ness, I hope, and you are not to risk the loss of it, by saying any thing that will hurt you, until you hear from me. Where Captain Chesholm is I do not know : I left him at Philadelphia in March., and he frequently visited the minister, and spoke upon the subject ; but I believe he will go into the Creek nation by way of Carolina or Georgia.. ..he gave out that he was going to England, but I did not believe him. Among other things that you may safe ly do, will be to keep my consequence with Watts, and the Creeks and Cherokees generally, snd you must by no means say any thing in favour of Haw kins, but as often as you can, with safety to your self, you may teach the Creeks to believe that he is no better than he should be ; any power or con sequence he gets, will be against our plan. Per haps Rogers, who has no ofrke to lose, is the best man to give out talks against Hawkins. Read the letter to Rogers; if you think it best to send it to him, put a wafer in it, and forward it to him by a safe hand, or perhaps you had best send to him to come to you, and speak to him yourself, respecting the state and prospect of things. "I have advised you in whatever you do, to take care of yourself,,.. I have now to tell you to OF JOHN ADAMS, 85 take care of me too, for a discovery of the plan would prevent the success, and much injure ail par ties concerned ; it may be, that the commissioners may not run the line, as the Indians may expect or wish, and in that case the Indians may be taught to blame me for making the treaty. " To such complaints against me, if such there are, it may be said by my friends, at proper times and places, that Doublehead confirmed the treaty with the President, at Philadelphia, and receives as much as 5000 dollars a year, to be paid to the nation, over and above the first price : Indeed, it may with truth be said, that though I made the treaty, I made it by the instructions of the Presi dent y and, in fact, it may with truth be said, that I was by the President instructed to purchase much more land than the Indians would agree to sell. " This sort of talk will be throwing all the blame off me, upon the President ; and as he is now oat of office, it will be of no consequence how much the Indians blame him. And among other things that may be said for me is, that I was not at the running of the line, and that if I had been, it would have been run more to their satisfaction. In short, you understand the subject, and must take care to give out the proper talks, to keep up my consequence with the Creeks and Cherokees. Can t Rogers contrive to get the Creeks to desire the President to take Hawkins out of the nation ? for if he stays in the Creek nation, and gets the good will of the nation, he can and will do great 86 THE ADMINISTRATION injury to our plans. When you have read this let* ter over three times, then burn it. I shall be at Knoxville in July or August, when I will send for Watts and give him the whiskey I promised him. " WILLIAM BLOUNT." After the above letter came into the hands of the President, application was made to the British minister, for information on the subject. ...he at first professed entire ignorance of the affair, but at length acknowledged that application was made to him by several persons six months before, on this business ; that he had laid their plan before his gov ernment, but that it had declined having any thing to do with the business. He, however, refused to give up the names of the persons concerned. Mr. Blount attended in his place in the Senate, on the 6th of July, in consequence of an order frpm that House, and after a motion to inform the Pre sident and House of Representatives of the circum stance, he rose and read from a paper his senti ments on the subject of his letter. He said, that understanding an impeachment was to be brought against him, for the part he was supposed to have taken in the contrivance of the British, to invade the Spanish territory through the United States, he was determined to be silent in the present stage of the business, not doubting but in the end, his cha racter would come out pure, and defeat the malice of his enemies. Mr. Ross brought up the report from the com mittee which had been appointed to investigate OF JOHN ADAMS. 87 Into this conspiracy ; and, after recapitulating the points of the letter, stated, that the criminality went beyond the personal conduct of the member, as Sen ator ; that it appeared that Carey was an agent in the pay of the United States, stationed within the Che rokee nation ; that Hawkins was the superintendant of Indian affairs in behalf of the United States, and the others, severally, in similar situations; that the attempt to dissuade them from their duty, and the expression, that the proceedings should be kept hidden from the United States and Spain, evident ly bespoke purposes not consistent with the peace of America. He concluded, that it was the opin ion of the committee, that William Blount should be expelled from his seat in the Senate, and that he was guilty of an high misdemeanor. Mr. Blount requested the privilege of counsel, which, after a long debate, was granted. ...he pro posed three who were unanimously rejected..., Messrs. Dallas and Ingersoll were at length chosen. On July the 7th, the Senate was engaged in dis cussing the resolution for his expulsion. The counsel on Blount s behalf, contended, that as a motion for impeachment was pending, or past, in the House, the Senate, who were to sit as Judges to decide it, ought not to prejudge the question. Mr. Sitgreaves, in the name of the House of Representatives, and of the people of the United States, said, that he impeached Mr. Blount of high crimes and misdemeanors, and, in due time, would exhibit particular articles against him. Fur* 88 THE ADMINISTRATION ther, that the House demanded, the Senate should take an order for the appearance of Mr. Blourit, to answer to the said impeachment. After a considerable debate on this motion, Mr* Blount entered into recognizance for his appear ance, in the sum of 20,000 dollars. ...Pierce Butler and Thomas Blount, esquires, were accepted as his sureties, On July the 8th, the motion was proposed in the Senate for expelling Mr, Blourit. Messrs. Dal las and Ingersoll took their seats at the Bar of the House, as his counsel. Mr. Dallas commenced his defence in a very able address, which occupied more than three hours.... Mr. Ingersoll followed him in a speech of nearly two hours. These gentlemen had recourse to every precedent which could be produced from history,and to every argument which ability and ingenuity could suggest. They par ticularly relied on the ground, that the punishment of an offender, should, in no case, precede his trial, and that to expel Mr. Blount from his seat then, would be to do what could only be done, provided he was found guilty on the impeachment preferred, which, however, they denied the House of Representatives to prefer. The defence being finished, Mr. Ross rose, and, in a very luminous speech, examined all the arguments which had been adduced by the counsel, in order to shew their want of solidity. He justi fied the expulsion of Mr. Blount from his seat, on the evidence which they had of his unworthiness OF JOHN ADAMS. 83 to ftfl it, and appealed very forcibly to the feelings of the House as to the nature of the crime of which he stood charged, and as to what might have been the consequence, had his plans been carried into effect. After some of the other members had delivered their opinions on the subject, Mr. Bloodworth moved to postpone the decision till Monday. ...the yeas and nays ^eve taken upon the question, and it was negatived 19 to 7. The question was then put on the expulsion, and carried by yeas and nays, 26 to 1 ; the negative vote was Mr. Tazewell s. After this decision had taken place, Mr. Blount s bail delivered him up, and he was taken into the custody of the Messenger of the House. Mr. 81ou.it was then held for his appearance, in a recognizance of one thousand dollars in himself, and 500 each in two sureties. Both Houses after wards adjourned until the 2d Monday in November. The following are the titles of the acts passed during this session of Congress. 1. An set for prohibiting, for a limited time,, the exportation of arms and ammunition, and for encouraging the importation thereof. 2. An act to prevent citizens of the United States from privateering against nations in amity with the United States. 3. An act to provide for the farther defence of the ports and harbours of the United States. 4. An act authorizing a detachment of the mi litia of ihe United States. M THE ADMINISTRATION 5. An act, in addition to an act, intitled, xc an act concerning the registering and recording ships and vessels." 6. An act directing the appointment of agents in relation to the 6th article of the British treaty. 7. An act providing a naval armament. 8. An act to ascertain the time for the next meeting of Congress. Titles of Bills postponed till the next Session. \. To prevent the arming of private ships, ex cept in certain <:ases, and under certain regula tions. ...rejected in the House of Representatives. 2. For raising and organizing an additional corps of artillerists and engineers. ...rejected in the House of Representatives. 3. To prevent citizens of the United States from entering into the military or naval service of any foreign Prince or State. ...postponed in the House of Representatives. 4. To enable the President of the United States, under certain restrictions, to raise a provisional ar my. ...rejected in the Senate, where it originated. 5. To authorize the President of the United Sates to lay, regulate and revoke embargoes.. ..re jected in the Senate, where it originated. 6. To suspend, in part, the operation of an act, intitled, " an act for raising a further sum by ad ditional duties on certain articles imported, and for other purposes", ...rejected in the House of Repre sentatives. OF JOHN ADAMS. 7. For arming, organizing and disciplining the militia of the United States.. ..postponed in the House of Representatives. Titles of Bills brought in> and not decided upon. 1. A bill laying duties on licences for selling- foreign wines, and foreign distilled spirituous li quors by retail. ...passed in the House of Represent atives. 2. A bill to continue in force, fora limited time, the act and parts of acts therein mentioned.... pas sed in the House of Representatives, 3. A bill to authorize the President of the Uni ted States, during the recess of the Congress., to pro vide galliesand other vessels, for certain purposes therein mentioned. 4. A bill making additional appropriations for the support of government for the year 1797. 5. A bill authorizing a loan of money. 6. A bill laying duties on stamped vellum* parchment and paper. 7. A bill providing for the more effectual col lection of certain internal revenues of the United States. 8. A bill respecting Consuls and Vice-Consuls. 9. A bill allowing an additional mileage to the members of both Houses. 10. A bill for laying an additional tax on salt imported* / THE ADMINISTRATION CHAPTER iy. Remarks on the meeting of Congress. ...History of the A gerine Treaty.... BlounCs Conspiracy inves tigated.... British Piracy. 1 HE convention of Congress at this period, appeared to impartial men of every psrty, as one of the most extraordinary occurrences in the infant history of the American Republic. When the treachery of Great Britain hurled up on us the fury of the Barbary powers, and, by bribe ry and corruption, stimulated the peaceful Indians to hostilities.. ..when English pirates plundered our vessels, insulted our flag and impressed our sea men, a war with Britain was cried down by the trumpet of federal proclamation. In place of Con gress being summoned to listen to the thundering accents of a war-speech, a messenger was dispatch ed to the Court of Britain, robed with dignity, and armed with the pow r er of forming an alliance, at the remembrance of which posterity will blush, and the virtues of Washington will sink into con tempt. The administration of France viewed with jus tice the duplicity of our proceedings, but with their usual magnanimity, they overlooked it for a considerable time. Finding themselves, however, despised in the esteem of our men of power, and deserted by the Executive, they remonstrated in QF JOHN ADAMS. 93 the mildest and most pacific terms against our usage and our ingratitude. When no satisfactory ex planation was deigned to be given, they suspended the functions of their minister, and refused to receive one from us, unless some negociation was entered upon. In short, they considered the cold indiffer ence of our executive, and the acquiescence of our merchants to its measures, as just grounds for this proceeding, and a fit retaliation for the shame ful conduct of the United States,. It is not rny intention to justify France entirely in her depredations on our commerce ; but if Ad ams and his party could defend the British scheme of adjudication, upon the grounds that the ruin of France was her main object, the candor of Re publicans ought to justify France upon a more libe ral basis. The object cf the French Directory ex tended no further than to injure the commerce of a power which aimed at the destruction of liberty, and which endeavored to monopolize the produce of the world. But the utmost excesses of France, never could be compared with the most trivial de predations of our English allies. American pro perty was never confiscated, unless detected in an illicit trade.. ..our seamen were never impressed, much less flogged to death. ...the dungeons of des potism, were never exposed to our patriots ; nor was there an instance of an American citizen, as Jonathan Robbins, being demanded to die by the hands of a foreign executioner. 94- THE ADMINISTRATION" Mr. Adams, in his speech, spoke abtfut foreign and domestic factions.... upon this, a writer in the Argus observed, " that as there was but one foreign and one domestic faction in the United States, it was wondrous strange that Mr. Adams should have held the monsters up to day. * " The British fac tion/ says this writer, "was the only foreign fac tion, and the tory faction the only domestic faction America was cursed with." These factions admir ed John Adams because John Adams admired the British Constitution, and cursed the French Re public. They bestowed unbounded panegyrics upon Alexander Hamilton, because this gentleman acted the part of prime minister to the President. They thought the administration and the govern ment ought to be confounded and identified ; that the administration was the government, and the government the administration ; and, that the peo ple ought to bow in tame submission to its whim and caprice. Mr. Adams says in his speech, that " it will be proper to take into view the public audience given to the late minister of the United States, on hrs taking leave of the Executive Directory," because, in his opinion, it was marked with indignities to wards the government of the United States, and evinced a disposition to separate the people of the United States from the government ; " that such attempts ought to be repelled with a decision which shall convince France and the world, that we are not a degraded people, humiliated under a colonial OF JOHN ADAMS. 95 spirit of fear and sense of inferiority, fitted to be the miserable instruments of foreign influence, and regardless of national honor, character and inte rest." This sentiment of Mr. Adams was soon re echoed, both in Church and Senate, by his courtiers and sycophants. Nothing was heard of but in trigues between the people of the United States and France. A Senator of Congress declared in conven- v tion, that he should be for making a law to banish every citizen of America that educated his children in the study of the French language. ...the author of the Serious Considerations on the election of Pre sident, laboured for several Sundays together, en deavouring to persuade his audience that the genius of Frenchmen was deceit, and that every principle which savoured of French manners, was dangerous to the peace of society. In short, no stone was left unturned by the partizans of Mr. Adams, and the federal preachers of the gospel, to embroil the people of the United States in a war with the French Republic. To effect this purpose, it has been proved, that agents of Britain clandestinely purchased American vessels, introduced them into French ports, and then sent them on buccaneering cruizes under French colours, against the Ameri can trade. What were the motives which dictated this policy to Mr. Adams and the federal party ? Whe ther love for monarchy or a regard for the inde pendence of America, I shall not attempt to decide -, 96 THE ADMINISTRATION but will observe, that it was not only injudicious and short-sighted, but the most pernicious system that could be pursued, by the first magistrate of a republican government. I shall not leave it to the partizans of Mr. Adams to argue, that France had no right to impose laws upon America ; this every candid enquirer will admit. Nor have the people of the United States any right i:o prescribe laws for France. Each nation is certainly thus far independent of each other ; but while Adams, Pickering and Jay, felt so strong a propensity to form treaties with foreign nations, and while our representatives proclaimed those treaties to be the supreme law of the land a breach of trea ty must be a violation of the laws of that land, with whom such treaties are made ; but the breach was not so wide, as to justify the most distant appre hensions of a war with France. Those who im posed such ideas, were political impostors, who only aimed at amassing power and wealth upon the ruins of the people. The observations made by Mr. Monroe, on this subject, deserve to be im pressed on the heart of every American ; nor can I do better than repeat them here. " The contrast, (says that elegant writer) between the situation we might have held through the whole of this war, and that which we have held, is a striking one. We might have stood well with France, avoiding all the losses we have sustained from her, enjoying the benefit of the principles of free trade, and even appeared as an advocate for those principles, and OF JOHN ADAMS. 07 without going to any extremity ; we might have preserved our ancient renown, bought at a great expence of blood and treasure, in a long war, in a contest for liberty, and even appeared as a de fender of liberty, and without fighting for her ; we might too, in my opinion, have commanded a bet ter fortune in our negociation with Britain, and only by availing ourselves, in a suitable manner, of the fortunes of France ; and, instead of a situ ation so advantageous, so honorable, so satisfac tory to our country, what is that into which our government has conducted us? our navigation de* stroyed, commerce laid waste, and a general bank ruptcy threatening those engaged in it ; the friend ship of a nation lost, the most powerful on earth, who had deserved better things from us, and had offered to place us, our vessels and commodi ties, on the footing of its native citizens, in all its dominions ; war hanging over us, and that not on the side of liberty and the just affections of our people, but of monarchy and our late most deadly foe ; and we are made fast by treaty, and by the spi rit of those at the helm, to a nation bankrupt in its resources, and rapidly verging either to anarchy or despotism. Nor is this all: Our national honor is in the dust ; we have been kicked, cuffed and plundered all over the ocean ; our reputation for faith scouted ; our government and people brand ed as cowards, incapable of being provoked to re sist, and ready to receive again those chains we had taught others to burst. Long willit be before 9$ THfc ADMINISTRATION we shall be able to forget what we are, nor will centuries suffice to raise us to the high ground from which we have fallen." One of the most extraordinary acts which was committed by Washington, and approved of by the administration of Adams, was the Algerine treaty. This treaty was subscribed by the Dey and by Mr. Donaldson, upon the 5th of September, 1795. The Dey promised to observe it for an an nual consideration of twelve thousand sequins, in maritime stores from the United States. A sequin is worth a dollar and about ninety-seven cents ; of course, twenty-four thousand dollars could pur chase maritime stores to the worth of twelve thou sand sequins. On May the 6th, 1796, twenty- four thousand dollars per annum were pledged and appropriated for payment of the annuity.. ..but it was immediately found out, that, by the estimate of the prices fixed between Donaldson and the Dey, the stores would cost three times as much in Philadelphia as they were reckoned at in Algiers. For instance, Donaldson promised to furnish pow der at half a dollar per pound, at the very time that article sold in Philadelphia for three half dol lars per pound ; thus, by the gross ignorance of our envoy, the tribute was trebled. The price of masts furnishes another instance of a similar nature. Donaldson estimated them at three hundred dollars each ; but there is good rea son to suppose that they could not be conveyed to Algiers, for a total charge of less than twelve or \ OF JOHN ADAMS. 93 thirteen hundred dollars ; some of them that had been cut within a few miles of the lake Otsego,, hi the State of New-York, cost one hundred pounds per stick, for transportation from the place of their growth to the lake ; from thence they were to be floated down the Susquehannah, which rises from that body of water. In May, 1797, a number of these masts had come down as far as Wright s ferry, in Pennsylvania. ...several had stuck upon the rocks. About Christmas, 1797, others were sold at the same ferry for twenty dollars, and then sawed down into planks. Judge Cooper was the contractor for these masts ; he got one or two of them transported by land to Philadelphia ; there he offered to the per son who carried them down, eighty dollars for the carriage, but to his astonishment, was informed, that twice that sum would be necessary. The masts themselves, were a most beautiful specimen, of the vegetation of an American forest ; they were from ninety to an hundred feet in length, from three to four feet in diame.ter 5 without a single limb in the whole piece. Before the Senate and the President had ratified such a treaty, prudence at least should have sug gested to them, the propriety of inquiring into the price of the different articles they had engaged to furnish. Their door keepers might have informed them of the price of gun powder, and certainly a carpenter might be found, whose knowledge in the price of timber, would have given a guess for the charge of masts. This, however, is only a specimen iOO THE ADMINISTRATION of federal negligence, and of that unnecessary ex- pence, which prevailed in every transaction that took place during the period of the late administra tion. The consequence was, that the twenty-four thou sand dollars per annum could not purchase the ma ritime stoics ; of course, Congress found themselves reduced to the ridiculous necessity of passing a se cond act of appropriation. It was dated March 3d, 1797, and the second clause is in these words, cc and be it further enacted, that a further sum, not exceeding ninety-six thousand two hundred and forty-six dollars and sixty-three cents, be, and the same is hereby appropriated, for discharging the two first years annuity to the Dey and Regency of Algiers, pursuant to treaty, in addition to the sum appropriated for that purpose, by the act of the 6th of May, 1796." Thus, an additional tribute of fifty thousand dollars per annum, was saddled upon this country by the incapacity of our envoy, and the negligence of our Senate. But -the most scandalous part of this most shameful treaty is yet to be told. The first clause of the law just quoted, authorizes the President i( to apply a sum not exceeding two hundred and eighty thousand, two hundred and fifty-nine dollars, and three cents, to the expences which may have been incurred in any negotiations with the Dey and Regency of Algiers, beyond the sums here tofore appropriated/* OF JOHN ADAMS. 101 The law contains not a single word of explana tion, how this money should be applied ; this was left to the discretion of Washington ; and this gen eral, who appears, in the latter end of his adminis tration, to have had no will of his own, by the ad vice of Mr. Adams, built a frigate for the tyrant of Algiers, to harrass our trade whenever the tribute should not be regularly remitted. This frigate, which was called the Crescent, was finished even before it was deemed necessary to consult Congress. In the Americaa annual regis ter for 1796, Mr. Callender takes notice that it was then upon the stocks, and the law which as signed the money to pay for it, was not passed for six weeks after the publication of the book. It is impossible that there could be a more glaring- breach of the Constitution than this here specified. By that instrument, of which the President swore to the observation, he is expressly prohibited from touching one farthing of the public money, unless for purposes pointed out beforehand by Congress. To demonstrate the President s imprudence, it is only requisite to read the clause last quoted. The very fractions, in the sum of the appropriations for the treble tribute, and for the Crescent, evidently shew, that every cent, of the money had been ex pended before Congress had been consulted; be cause the legislature would not have stopt at three cents, unless it had been to meet some particular account. THE ADMINISTRATION How much of these two hundred and eighty thousand dollars went for the frigate, I cannot spe cify. The Aurora of March 30, 1797,. has a long article upon this tribute ; the writer say?, that the Crescent cost ninety-nine thousand, seven hundred and twenty-seven dollars. Another remarkable circumstance in this treaty is, that it does not say from what date the first year of payment was to commence, nor at what periods the stores were to be delivered. Besides the seven ty-two thousand dollars per annum, and the two hundred and eighty thousand dollars of penalty, the Dey has received from the United States, an other, and a very considerable disbursement,. in eon- sequence of Donaldson s treaty. A large sura of money was to be paid down to him,, and it was the delay of making this payment, that produced the building of the Crescent. On the face of the treaty there appears no mention of such a sum. Mr. Callender, who treats this business to its very foun dation, says, government was utterly ashamed of it, and did not wish the story to be staring in the statute book. He gives the following particulars as far as they can be traced : " On March 20, 1794, a lav/ was passed, authori zing the President to borrow one million of dollars, at an interest not exceeding five per cent. " to be applied to such public purposes as are authorized by law." The bank of the United States is, by the same, apt, authorized to lend the money to the Pre sident. OF JOHN ADAMS. 103 ** This act bears, in its very blush, the signals of hypocrisy. Is is well known that no money can be borrowed at five per cent, and much less a mil lion of dollars. But Congress knew that they were going to do something which was a little worse than ordinary, and this blind was held out with a view to divert the attention of their constituents from the real fact, and to excite admiration, to be sure, at their wonderful ceconomy. (C The wording of this act is curious in another respect, in as much as it does not tell what was going to be done with the cash. ...eight hundred thousand dollars of it were to be employed in this infernal negociation with the Dey of Algiers. ...the other two hundred thousand dollars went for other expences of intercourse with foreign nations. On February 15, 1797, Mr. Wolcott gave a statement to Congress, of what was become of these two hundred thousand dollars. ...this document fills eighteen pages. ...it is extremely interesting; but we must at this time attend the eight hundred thousand dollars, in their perilous pilgrimage from Philadelphia to Algiers. " What follows has been partly copied from the Aurora of March 30th, 1797, and it must be ob served, that although government has an host of writers in constant employment, this narrative was never contradicted. Indeed, the principal features of it are incontestably true ; and, from the most re spectable private information, I am satisfied of the strict accuracy of all the circumstances which are now to be related : 104- THE ADMINISTRATION " These eight hundred thousand dollars were to be borrowed from the bank, which had no hard money to itself. But this company holds a great mass of national stock, and agreed to lend it to government at par.. ..in other words, the bank held the bill of government for twenty shillings ; but this bill would not sell in the market for more than seventeen shillings, or thereabouts. Government consented, however, to accept of it back again, as worth twenty shillings, and to give a second obligation for the million of dollars. This aukward practice of taking its own bills, and then going to market to sell them, is not, perhaps, quite intelli gible to every reader. Government having now got hold of its own bills, the object was to raise money upon them. ...the bills might have been sold in Ame rica, but so great a quantity of them coming into the market at one time, would have reduced the price of stock, and several members of government are stockholders. The bills of government were, therefore, sent to London, and sold there at a lower price than what they would have sold for in the United States. Dols. Cts. The sum borrowed from the bank was 800,000 The Aurora says that the government bills, that is, the national stock receiv ed from the bank, sold in London for omy 685,572 22 Loss by the sale 114,427 78 OF JOHN ADAMS. 105 " Sir Francis Baring, the banker in London, had, in the mean time, agreed to advance seven hun dred and two thousand, seven hundred and fifty- eight dollars, on account of this affair. In No vember, 1794, an attempt was made to get the money from England ; but a proclamation had about that time been issued at London, prohibit ing the exportation of bullion. ...this made it im possible to send the remittance in that shape. After a lapse of eight months, drafts were obtained upon Leghorn, Hamburgh and Lisbon.... at this junc ture the French took Leghorn, but Buonaparte did not interrupt the transaction. By the course of exchange, however, thirty-seven thousand seven hundred and fifty-eight dollars were lost. ...the sum was thus reduced from seven hundred and two thousand and odd dollars, to six hundred and sixty- five thousand. The Aurora says, that this last sum, in its remittance to Algiers, was again redu ced to six hundred and forty-two thousand five hundfed dollars. We shall now add together these three successive sums of loss which those eight hun dred thousand dollars sustained. Dols. Cts. 1. The national paper was sold in London with a loss of 1 14,427 78 2. By the disadvantage of exchange in the drafts upon Leghorn, 37,753 81 3. Expence of conveyance to Algiers, 22,500 174,686 59 O THE ADMINISTRATION Dols. Cls. But there is another item of expence ; before the American public stock was sold. Sir F. Baring had promised to send to the Continent 702,758 51 The paper sold for only 685,572 22 Difference, 17,186 29 It would be necessary for the gov ernment of America to make up the difference to their agents in London.... add this to the former losses, 174-.,686 9 Total loss by the remittance, 191,872 88 Besides these one hundred and nine ty-two thousand dollars of direct loss, the money wandered for more than twelve months upon its way. ...at six per cent, upon eight hundred thousand dollars, this interest comes to forty- eight thousand, and we cannot offer less than twelve thousand to the bank ers in London for their trouble. The former statement of loss was 191,872 88 Interest of the eight hundred thou sand dollars for one year, and subjoin ing for agency to Baring, 60,000 Total 258,872 88 OF JOHN ADAMS. 107 <c The conclusion of the whole matter is this; Congress transmitted to Algiers, six hundred and forty-two thousand, five hundred dollars. cc The additional expence of sending this mo ney, cost two hundred and fifty thousand dollars, or thereabouts." Mr. Callender proceeds to remark, that if Mr. Washington had chosen to go into the market, and buy these eight hundred thousand dollars worth of stock from the common holders, a considerable sum would have been saved to the public. For in stance, says he, if stock was at eighteen shillings per pound, this makes an odds of one tenth part ; at that rate, his nominal eight hundred thousand pounds worth of it, could have been bought in for seven hundred and twenty thousand dollars of hard cash, if he had been master of that much money.... in this way Mr. Pitt bought in some part of the national debt of England. But as the federal gov ernment could not take this method, it was neces sary to go to the bank of the United States, and there to borrow, not money, but depreciated, paper. The paper was sold in England, at the ruinous dis count of one hundred and fourteen thousand, four hundred and twenty-seven dollars. Thus govern ment granted its obligation to the bank for eight hundred thousand dollars, and could be obliged by the bank to refund every farthing of the sum, while it received in return, depreciated paper ; which it was obliged to sell a^ain for less than se- o o 10B THE ADMIN1STRATIO-N ven hundred thousand dollars. The result was, that the bank did, in effect, receive upon the trans action, a premium of about one hundred thousand dollars, more or less. The bank had only to go into the market, and buy, at about seventeen shillings and six pence per pound, as much paper as Mr. Washington wanted, and for which he gave an ob ligation at par, that is, at its full nominal value, of twenty shillings per pound. From the whole history of the Algerine tribute, it is obvious, that our executive had no grounds to be so angry, even if the French did ask for a present in money, which, most probably, never was the case. To the Algerines we never were in the smallest degree indebted more than we have been to England ; on the contrary, we have suffered from both nations ; even in time of peace, our citizens have been impressed by the one, and enslaved by the other.. ..our commerce has been trampled upon by both, and our laws spurned with contempt. An American Republican is as much despised in Bri tain as in Algiers, and regarded with the same insignificance as an African in the United States. A dereliction of his principles can only insure his person protection in London or Edinburgh. In the year 1794, thirty students from Virginia were nearly massacred, in the theatre of the latter metropolis, from their ignorance that it was the practice to give the same homage to the tune of God save the King, as the Christian pays to his Creator..., yet this is the nation in whose alliance Mr. Adams OF JOHN ADAMS. ]Q9 gloried, whose administration he adoreB, and the government of which he held up to his country as a model of perfection. In speaking disrespect fully of Great Britain, I hope it will not be sup posed I attempt to stigmatize the people of that kingdom.... the king, the nobles, the army and the priests, must be separated from the people. The individuals there, who are not connected with go vernment, entertain principles equally liberal with Frenchmen or Americans, and the superior advan tage of education which they enjoy, gives a ra tional firmness to the mind, which the mass of Americans is still unacquainted with. The secret connection which subsisted between Mr. Adams and the government of Great Britain, is no where more conspicuous than in the myste rious conspiracy of Senator Blount. In the history of modern intrigue, it is impossible to find a paral lel to this : An English ambassador is proved, by his own confession, to have held a secret and il legal correspondence with members of the Senate ....yet this ambassador is not only suffered by the President to exercise the usual functions of his of fice, but to conceal the names of those Americans who were to be his accomplices in the destruction of our country. A greater degree of friendship and intimacy even manifested itselfbetween Mr. Adams and Mr. Liston after the discovery of this affair than before ; their interviews were more frequent, and the dry formality of a courtly audience was exchanged for the familiar ceremony of domestic 110 THE ADMINISTRATION acquaintance. Nothing was more common than for the President of the United States and the am~ y bassador of Great Britain, to be seen arm and arm in the streets of Philadelphia, discussing the poli tics of the day, and contrasting the shrewd observa tions of Mr. Cobbett, (as they were pleased to term them) with the scurrilous abuse of Mr. Duane.* If \ve draw our attention a moment to the pre parations which were carrying on in Britain, at the beginning of 1797, we shall see sufficient proofs of the reality of Blount s plan. Ten thousand troops * Mr. Duane had been the proprietor and editor of several newspapers in India, but the last, which was his sole property, was " The Indian World" by which he had realized a handsome fortune, and in September, 1794, advertised his whole standing property for sale, meaning, and publishing his intention, to return to Philadelphia. Kis property was to be sold on the ist of Janu ary, 1795, and he had sought a passage in the Hercules, of Boston, Capt. Delano, then lying at Calcutta, and to sail in all April. At this time, Mr. Duane was on terms of the best good will with most of the public characters in that part of India, and in the especial esteem of the gentlemen of the army, who had made his paper the vehicle by which their grievances were complained of, and which have since been redressed in the most ample manner. Mr. Duane had been particularly noticed by Sir William Jones, and Sir John Shore, and from both had received tokens of marked attention, which he considered flattering and honorable to him. On the evening of the 26th December, 1794* a note was left at Mr. Duane s country-house, written by Capt. John Collins, pri vate secretary to Sir John Shore, inviting Mr. Duane to the Gov ernor-General s housei on the next day, at 8 o clock. Mr. Du - ane did not receive the note until the morning of the 27th, when on his way to the Grand Lodge of Masons, whose festival was OF JOHN ADAMS. } 11 were kept encamped for six months together, at Plymouth, for the ostensible purpose of proceeding to the West-Indies; to the West-Indies they never went, nor was there ever a rational apology assigned by Mr. Pitt for this unaccountable armament, who retained idle for such a period, not only this army, but a fleet of one hundred transports, which lay ready to receive them. When we add to this, that in the spring of the same season, one regiment of artillery and three regiments of infantry, were dis patched to Canada with fifty thousand stand of on that day ; he instantly proceeded to the Governor-General s, expecting to breakfast there. He was met in the saloon by Capt. Collins, and after salutations, the following circumstances took place : Capt. Collins. I am glad you are fo punctual, Mr. Duane. Mr. Duane. I generally am, Sir ; I hope the Governor- General is well. Capt. C. He is not to be seen, and Mr. D. I understood I was invitea by him. Capt. C. Yes Sir, but lam directed by the Governor-Gen eral to inform you, that you are to consider yourself as a state pri soner. [He stampt on tae floor, and thirty Sepahis, who stood concealed behind the folding doors of an anti-chamber, rushed out, and presented their bayonets to D. s breast.. ..the doors be ing left open by them, discovered Sir John Shore, and two others of the Supreme Council on a sopha.] Mr. D. I did not think Sir John Shore, or you, Sir, could be so base and treacherous as to proceed? or even to think as you do. Capt. C. Silence, Sir (To the Sepahis) Ghillow Sepabi (in English, drag him along, Sepahis. ) Mr. D. (To the Sepahis) Ostl babaa-hum lecjagga..,,( softly THE ADMINISTRATION arms, what are we to suppose ? Previous to 1797, there were sufficient troops and arms in Canada to keep the natives in subjection. ...something more must have been intended. There was no invasion dreaded in that quarter of the globe, from France, nor had Britain any enemies in that part of Ame rica to contend with. Some expedition or other must have been meditated to take place in Canada, and this expedition could only have been against the United States, or against Spanish America, through the medium of the United States. Such my friends, I shall go along with you)... .to Collins.... What is to follow next, Collins ; the bow-string or scymetar ? Capt. C. You are insolent, Sir....ChiIlo<w joub, soor Marani ....(drag him along, you pig eating scoundrels.) Mr. D. You are performing the part of Grand Vizier, now, my little gentleman, and these are your mutes.. ..Calcutta is be come Constantinople, and the Governor-General the Grand Turk. Much more passed, but during the last sentences, Mr. Duane was conveyed down stairs, put into his palanquin, and his bear ers beaten all the way to Fort William. There he was given in charge with ridiculous fuss.. ..two centinels placed at the outer door of the quarters, (which were those of a field officer) and a centinel with a drawn bayonet, always by his side, asleep or a- wake. The day he was seized, was Saturday ; on Monday morning following, a company of Royal Grenadiers paraded on the ramparts, and he was marched to the water side, where a company of Royal Light Infantry was ready to receive him in a barge, upon he which was conducted to an armed Indiaman, com manded by Sir Charles Mitchel, and carried to Europe. No charge was ever lodged against him, but when at St Helena he yrould not be permitted to go on shore there, being a foreigner, and when the vessel arrived in the English Channel he was put on OF JOHN ADAMS. 113 an enormous quantity of arms as fifty thousand stand could have been sent for no other purpose ; the army of ten thousand men, if the expedition had taken place, would, most probably, have land- ed in South America, in place of the West-Indies, so as to co-operate with the force from Canada, precisely according to the plan laid down by Sena tor Blount. What became of the British arms which were sent to Canada, we know not. Whe ther they are there still, or were afterwards sent shore without obtaining a single word of .information as to the cause. Though his property on a moderate calculation was worth ^*8ooo sterling, beside out-standing debts to the amount of 25,000 Roupees or 13,000 Dollars, when he applied to one of the first lawyers in England to institute a suit for the re covery of it, the gentleman had the candour to ask how much money he had left ; being told about 200 sterling, he return ed a fee of 20 guineas, said that though the case was one of the most extraordinary and oppressive he had ever heard of, he advised Mr. Duane not to attempt wasting what he had left, in a competition with the funds of the East-India Company, who could spend 40,600 without missing it. Several gentlemen had written from India to their friends in behalf of Mr. Duane, among others to Lord Lucan, who in conversation with Mr. Duane, said that the only way to recover his property would be to go to Mr. Dundas, and make a disclosure of all that he knew con cerning persons in India.. ..this intimation might have been in terpreted two ways, but the first impression which it made on Mr. Duane was that of contempt ; he took his hat and without saying a word, left him, and relinquished all hope of restitution for the robbery. In a few weeks afterwards Mr. Duane return ed to his native country, and of course with very great cause to admire the Constitution, laws and order of the British govern ment., domestic and foreign ! P 114 iHE ADMINISTRATION back, is a matter upon which the English papers are silent. I shall conclude this chapter with an account of the principal depredations committed on our commerce by British vessels of war, from May, 1797, until the meeting of Congress in November. On the 23d of May, 1797, James Hammond, a native citizen of the United States, belonging to the American ship Hope, of New-York, Michael Pierce, master, when on shore in the Island of Ma deira was pressed by Captain James, of the Bri tish brig of war, El-Corso, and carried forcibly on board in open day, before the house of the Ameri can Consul, Mr. Pintard. Captain Pierce having applied to Mr. Pintard for redress, the latter wait ed upon the British Vice-Consul, who, at length, persuaded Captain James to deliver up Hammond ; but the day before the Hope intended to sail, a boat s crew came again on board from the El-Corso and carried off five men, three of them Americans, one a Swede and the other an Italian. Mr. Pintard remonstrated with the British Consul upon the grossness of the insult, but received for answer, that all interference on his part would be in vain, for Bri tish Captains supposed they had, when out of Bri tish ports, an unlimited authority to tyrannise over the rest of mankind. Captain Pierce then went to the British Captain himself, but the only satisfac tion he received, was to be thrown into prison along with the supercargo, for refusing to give the five men their wages. OF JOHN ADAMS. 115 On the 2d of June, 1797, a number of Ameri can captains, at Port-au-Prince, in St. Domingo, presented a petition to governor Simcoe....they re presented that eleven American vessels, with car goes amounting to three hundred thousand dollars, had been captured by British privateers, and were then lying in that port in expectation of a trial.... they had applied for it, and were told in answer, that they were to be sent for adjudication to Mole St. Nicholas. They state, that several of the vessels could not proceed to that place without conside rable repairs, and that others had been abandon ed by their crews ; some with their cargoes were likewise in a state of suffering. Many of the pe titioners being entire strangers, were reduced to in conveniences from want of money. Several crews and supercargoes were laid under the most distress ing circumstances, from sickness, disappointment and mortification. The Governor s answer was haughty and re proachful. He promised to recommend to the judge of the Admiralty, Mr. Combauld, to decide their cases at an early period ; but he gave them no reason to suppose that there would be a court erected for that purpose at Port-au-Prince. He hop ed that they would be acquitted of that contraband traffic, which many citizens of the United States carried on with the French government in St. Do mingo. He closed with telling them, that this illicit trade might, at no remote distance, serious!* disturb the security of the American continent. 116 THE ADMINISTRATION On the 27th of July, 1797, Nathaniel Silsbee, Captain of the ship Betsey, wrote a letter to the printer of a Salem newspaper; he had arrived at Salem from Madras, three days before the date of the letter. At his departure, there were in that port nine English ships of war. One of them was the Sybille frigate, Captain Cook, who pressed from Captain Silsbee, Edward Hulen, a native of Salem. He also threatened, that if any complaint should be made by Silsbee to the governor on shore, he would not only take every seaman, but every officer from the Betsey. He did not commit this violence from scarcity of hands ; for he told Captain Silsbee that: he had thirty-five men over and above his ship s complement. He added, that he believed fifteen of them were real American citizens ; that he had pressed them from on board of American ships at Lisbon, in spite of the remonstrances of the Ameri can Consul at that place. Cook farther declared, that he would keep these men in perfect security till the end of the war. After the impressment of Hulen, the Betsey was daily visited by a Lieutenant from the Sybille ; during his stay on board, this officer took full com mand of the ship, mustered the crew regularly on the quarter deck, and would not suffer any ship s duty to be carried on at these times ; he farther threatened to correct the American officers for not manning the ship s-side, and paying him such res pect, as he said, the presence of any British officer ought to command. OF JOHN ADAMS. 117 The brig Two Sisters, Captain Conkling, of New- York, on the 13th of August was boarded by the General Nicholl, a British Letter of Marque, Captain Morrison. ...Captain Conkling was ordered on board with his papers ; Morrison, without deigning to examine them, put them in his chest, and went himself on board the brig, where he beat with his hanger every sailor, ordering them at the same time, to declare the property to be French. Finding, however, such treatment in vain, he took the mate and the men on board and put the whole in irons, until he rifled the vessel complete ly. The brig after being deprived of the most valu able part of her cargo, was afterwards dismissed. The following is a summary of an account sta ted by Captain Dunlevy, who remained in Hispa- niola from the 9th of June to the 20th of October, 1797: Eighteen American vessels with their car goes were condemned.. ..two of the captains of these ships were detained three months before they could get their papers, which could have been had with ease in three days, or a much less time ; another of the captains died of grief; a nineteenth vessel, with her cargo, was sold to pay the costs of suit ; a twentieth was cleared, but the cargo condemned. These were the advantages America reaped from her alliance with monarchy. It is true, in numerable instances occurred, this summer, of like depredations on the part of France ; but then it ought to be remembered, that we were in a state of war with that country, but at peace with England. 118 ,HE ADMINISTRATION CHAPTER V. Speech cf the President., . .Address from the Senate. . . . BloitnCs Conspiracy.. ..Quarrel between Mr. Lyon and Mr. Grhzvold.... Instances of a similar nature in the Parliament of Scotland, the House of Com mons in England, and the Senate of Lucerne, in Switzerland. . ..Communication from the President relative to the negotiation with France.... Acts o passed by Congress. 1 HE House of Representatives met, accord ing to their resolution of adjournment, on the 2d Monday of November ; but a sufficient number of Senators having not come forward to form a quo rum until the 23d of November, no business of consequence was entered upon. ...about twelve that day, both houses being convened, the President delivered the following speech : " Gentlemen of the. Senate, and " Gentlemen of the House of Representatives, "I was for some time apprehensive that it would be necessary, on account of the contagious sickness which afflicted the city of Philadelphia, to convene the national legislature at some other place. " This measure it was desirable to avoid; be cause it would occasion much public inconveni ence, and a considerable public expence, and add to the calamities of the inhabitants of this city, whose sufferings must have excited the sympathy of all their fellow-citizens. Therefore., after taking OF JOHN ADAMS. 119 measures to ascertain the state and decline of the sickness, I postponed my determination, having hopes, now happily realized, that, without hazard to the lives or health of the members, Congress might assemble at this place, where it was next by law to meet. I submit, however, to your considera tion, whether a power to postpone the meeting ot Congress, without passing the time affixed by the constitution, upon such occasions, would not be a useful amendment to the law of one thousand seven hundred and ninety-four? " Although I cannot yet congratulate you on the re-establishment of peace in Europe and the resto ration of security to the persons and properties of our citizens from injustice and violence at sea, we have, nevertheless, abundant cause of gratitude to the source of benevolence and influence, for in terior tranquility and personal security ; for propi tious seasons, prosperous agriculture, productive fisheries, and general improvements ; and above all, for a rational spirit of civil and religious liberty > and a calm, but steady determination, to support our sovereignty, as well as our moral and religious liberty, against all open arid secret attacks. " Our envoys extraordinary to the French Re public, embarked the one in July, the other early in August, to join their colleague in Holland. I have received intelligence of the arrival of both of them in Holland, from whence they all proceeded on their journey to Paris, within a few days of the nineteenth of September. Whatever may be the 120 THE ADMINISTRATION result of this mission, I trust that nothing will have been omitted on my part, to conduct the negocia- tion to a successful conclusion, on such equitable terms, as may be compatible with the safety, iionor and interest of the United States. Nothing, in the mean time, will contribute so much to the preser vation of peace, and the attainment of justice, as a manifestation of that energy and unanimity, of which, on many former occasions, the people of the United States have given such memorable proofs, and the exertion of those resources for natural de fence, which a beneficent providence has kindly placed within their power. " It may be confidently affirmed, that nothing has occurred since the adjournment of Congress, which renders inexpedient those precautionary measures recommended by me, to the considera tion of the two Houses, at the opening of your late extraordinary session. If that system was then prudent, it is more so now, as increasing depre dations strengthen the reasons for its adoption. " Indeed, whatever maybe the issue of the ne- gociation with France, and whether the war in Europe is or is not to continue, I hold it most cer tain, that permanent tranquility and order will not soon be obtained. The state of society has so long been disturbed, the sense of moral and reli gious obligations so much weakened, public faith and national honor have been so impaired, respect to treaties has been so diminished, and the law of nations has lost so much of its force 3 while pride^ OF JOHN ADAMS. 121 ambition, avarice and violence have been so long unrestrained, there remains no reasonable ground on which to raise an expectation that a commerce without protection or defence will not be plun dered. " The commerce of the United States is essen tial, if not to their existence, at least to their comfort, their growth, prosperityand happiness. The genius, character and habits of the people are highly com mercial; their cities have been formed and exist up on commerce ; their agriculture, fisheries, arts and manufactures are connected with, and depend upon it. In short, commerce has made this country what it is, and it cannot be destroyed or neglected without involving the people in poverty and distress. ...great numbers are directly and solely supported by navi gation. ...the faith of society is pledged for the pre servation of the rights of commercial and sea-faring, no less than of the other citizens. Under this view of our affairs, I should hold myself guilty of a ne glect of duty, if I forbore to recommend that we should make every exertion to protect our com merce, and to place our country in a suitable pos ture of defence, as the only sure means of preserv ing both. " 1 have entertained an expectation that it would have been in my power, at the opening of the ses sion, to have communicated to you the agreeable information of the due execution of our treaty "with his Catholic Majesty, respecting the withdraw ing of his troops from our territory, and thedemar- Q 122 THE ADMINISTRATION cation of the line of limits. But by the latest au thentic intelligence, Spanish garrisons were still continued within our country, and the running of the boundary line had not been commenced. These circumstances are the more to be regretted, as they cannot fail to affect the Indians in a manner injurious to the United States. Still, however, indulging the hope that the answers which have been given will remove the objections offered by the Spanish officers to the immediate execution of the treaty, I have judged it proper that we should continue in readiness to receive the posts, and to run the line of limits. " Further information on this subject will be communicated in the course of the session. " In connection with this unpleasant state of things on our western frontier, it is proper for me to mention the attempts of foreign agents to alien ate the affections of the Indian nations, and to. excite them to actual hostilities against the United States. Great activity has been exerted by these persons, who have insinuated themselves among the Indian tribes residing within the territory of the United States, to influence them to transfer their affections and force to a foreign nation ; to form them into a confederacy, and to prepare them for war against the United States. " Although measures have been taken to coun teract these infractions of our rights, to prevent In dian hostilities, and to preserve entire their attach ment to the United States, it is my duty to observe^ OF JOHN ADAMS, that to give a better effect to these measures, and to obviate the consequences of a repetition of such practices, a law providing adequate punishment for such offences may be necessary. " The commissioners appointed under the fifth article of the treaty of amity, commerce and navi gation, between the United States and Great Bri tain, to ascertain the river which was truly intend ed under the name of St. Croix, mentioned in the treaty of peace, met at Passamaquoddy Bay, in October, 1796, and viewed the mouths of the rivers in question, and the adjacent shores and islands^ and being of opinion that actual surveys of both rivers to their sources were necessary, gave to the agents of the two nations instructions for that pur pose, and adjourned to meet at Boston in August. They met, but the surveys requiring more time than had been supposed, and not being then com pleted, the commissioners again adjourned to meet at Providence, in the State of Rhode-Island, in June next, when we may expect a final examina tion and decision. " The commissioners appointed in pursuance of the 6th article of the treaty, met at Philadelphia in May last, to examine the claims of British sub jects, for debts contracted before the peace, and still remaining due to them from citizens or inhab itants of the United States. Various causes have hitherto prevented any determinations ; but the bu siness is now resumed, and doubtless will be pro- stecuted without interruption, 124 THE ADMINISTRATION " Several decisions on the claims of citizens of the United States, for losses and damages sustain ed by reason of irregular and illegal captures or condemnations ot their vessels, or other property, have been made by the commissioners in London, conformably to the seventh article of the treaty. The sums awarded by the commissioners have been paid by the British government. A conside rable number of other claims, where costs and da mages, and not captured property, were the only objects in question, have been decided by arbitra tion, and the sums awarded to the citizens of the United States have also been paid. " The commissioners appointed agreeably to the twenty-first article of our treaty with Spain, met at Philadelphia in the summer past, to exa mine and decide on the claims of our citizens for losses they have sustained, in consequence of their vessels and cargoes having been taken by the sub jects of his Catholic Majesty, during the late war between Spain and France. ...their sittings have been interrupted, but are now resumed. " The United States being obligated to make compensation for the losses and damages sustained by British subjects, upon the award of the commis sioners acting under the sixth article of the treaty with Great Britain, and for the losses and damages sustained by British subjects, by reason of the capture of their vessels and merchandize, taken within the limits and jurisdiction of the United States and brought into their ports, or taken by OF JOHN ADAMS. 125 vessels originally armed in ports of the United States, upon the awards of the commissioners act ing under the seventh article of the same treaty, it is necessary that provision be made for fulfilling these obligations. " The numerous captures of American vessels by the cruizers of the French Republic, and of some by those of Spain, have occasioned considera ble expences in making and supporting the claims of our citizens before their tribunals. The. sums required for this purpose have, in divers instances, been disbursed by the consuls of the United States. By means of the same captures, great numbers of our seamen have been thrown ashore in foreign countries, destitute of all means of subsistence ; and the sick in particular have been exposed to griev ous sufferings. " The consuls have in these cases also advanced monies for their relief. For these advances they reasonably expect reimbursements from the United States. " The consular act relative to seamen requires revision and amendment. ...the provisions for their support in foreign countries, and for their return, are found to be inadequate and ineffectual. Another provision seems necessary to be added to the con sular act. ...some foreign vessels have been discover ed sailing under the flag of the United States, and with forged papers.. ..it seldom happens that the consul can detect this deception ; because they have no authority to demand an inspection of the register and sea-letters, 126 THE ADMINISTRATION " Gentlemen of the House of Representatives, "It is my duty to recommend to your serious consideration, those objects which by the consti tution are placed particularly within your sphere, the national debt and taxes. " Since the decay of the feudal system, by which the public defence was provided for chief ly at the expence of individuals, the system of loan has been introduced.. ..and as no nation can raise within the year by taxes, sufficient sums for its de fence and military operations in time of war, the sums loaned and debts contracted have necessarily become the subject of what have been called fund ing systems. " The consequences arising from the continual accumulation of public debts in other countries, ought to admonish us to be careful to prevent their growth in our own. The national defence must be provided for, as well as the support of gov ernment ; but borh should be accomplished as much as possible by immediate taxes, and as little as possible by loans. "The estimates for the service of the ensuing year, will, by my direction, be laid before you. " Gentlemen of the Senate, and " Gentlemen of the House of Representatives^ " We are met together at a most interesting pe riod.... the situations of the principal powers of Eu rope are singular and portentous ; connected with some by treaties, and with all by commerce, no im portant event there can be indifferent to us. Such OF JOHN ADAMS, 327 circumstances call with peculiar importunity, not less for a disposition to unite in all those measures on which the honor, safety and prosperity of our country depend, than for all the exertions of wis dom and firmness. " In all such measures, you may rely on my zealous and hearty concurrence." After the President retired, the House proceed ed to the choice of a Chaplain. The persons no minated, were Dr. Green, Dr. Priestly, Dr. Blair, General Williams and Mr. Ustick. When the votes were examined, Dr. Green was found to have 53, and none of the rest more than six. ...he was of course duly elected. On Friday, the 24th, Mr. Harper moved for an address to the communications of the President. He was opposed by Mr. Lyon, who showed very forcibly the absurdity, and the expence incurred to the nation, by establishing a custom of debating ten or fourteen days, as in the last session, about the wording of an answer to the President s speech. The motion of Mr. Harper was, however, carried ; and after a week s deliberation, an answer was agreed to nearly similar to the one presented by the Senate. Of the two, this deserves more particular notice, as it will shew the state of humble submis sion to which the Senate, (a body that ought to have retained some appearance of dignity) descended in the late administration: " SIR, cc The communication you have thought proper to make in your speech to both Houses of Congress, 128 THE ADMINISTRATION on the opening of their present session, afford addi tional proofs of the attention, integrity and firmness which have marked your official character. " Yv r e cannot but approve of the measures you had taken to ascertain the state and decline of the contagious sickness which has so lately afflicted the city of Philadelphia, and the pleasing circumstance that Congress is now assembled at that place, with out hazard to the health of its members, evinces the propriety of your having postponed a determina tion to convene the national legislature at any other place. ...we shall take into consideration the law of 1794, on this subject, and will readily concur in any amendment which may be deemed expedient. " It would have given us much pleasure to have received your congratulations on the re-estab lishment of peace in Europe, and the restoration of security to the persons and properties of our ci tizens from injustice and violence at sea. But though these events, so desirable to our country and the world, have not taken place, yet we have abundant cause of gratitude to the Great Disposer of human events, for interior tranquility and per sonal security ; for propitious seasons, prosperous agriculture, productive fisheries, and general im provement j and above all, for a rational spirit of civil and religious liberty, and a calm, but steady determination to support our sovereignty against all open and secret attacks. " We learn with satisfaction, that our envoys extraordinary to the French Republic, had safely OF JOHN ADAMS. 129 arrived in Europe, and were proceeding to the scene of negociation ; and whatever may be the result of the mission, we are perfectly satisfied that noth ing on your part has been omitted, which could any way conduce to a successful conclusion of the negociation, upon terms compatible with the safety, honor and interest of the United States; and we arc fully convinced, that in the mean time, a manifestation of the unanimity and energy of which the people of the United States have given such memorable proofs, and a proper exertion Q those resources of national defence which we pos-* sess, will essentially contribute to the preservation of peace and the attainment of justice. " We think, Sir, with you, that the commerce of the United States is essential to the growth, com fort and prosperity of our country ; and that the faith of society is pledged for the preservation of the rights of commercial and sea-faring, no less than of other citizens; and even if our negociation, with France should terminate favorably, and the war in Europe cease, yet the state of society which unhappily prevails in so great a portion of the world, and the experience of past times under bet ter circumstances, unite in warning us that a com merce so extensive, and which holds out so many temptations to lawless plunderers, can never be safe without protection and defence ; and we hold ourselves obliged by every tie of duty which binds us to our constituents, to promote and concur in such measures of marine defence as may convince R 130 THE ADMINISTRATION our merchants and seamen that their rights are not sacrificed nor their injuries forgotten. " We regret that notwithstanding the clear and explicit terms of the treaty between the United States and his Catholic Majesty, the Spanish garri sons are not yet withdrawn from our territory, nor the running of the boundary line commenced. " The United States have been faithful in the performance of their obligations to Spain, and had reason to expect a compliance equally prompt on the part of that power. We still, however, in dulge the hope that the convincing answers which have been given to the objections stated by the Spanish officers to the immediate execution of the treaty, will have their proper effect, and that this treaty, so mutually benefical to the contracting parties, will be finally observed with good faith.... we, therefore, entirely approve of your determina tion to continue in readiness to receive the posts, and to run the line of partition between our terri tory and that of the King of Spain. Attempts to alienate the affections of the Indians, to form them into actual hostility against the United States, whe ther made by foreign agents or by others, are so in jurious to our interests at large, and so inhuman with respect to our citizens inhabiting the adjacent territory, as to deserve the most exemplary punish ment, *nd we will cheerfully afford our aid in framing a law which may prescribe a punishment adequate to the commission of crimes so heinous* OF JOHN ADAMS. 131 f The several objects you have pointed out to the attention of the Legislature, whether they regard our internal or external relations, shall re ceive from us that attention which they merit, and we will readily concur, in all such measures as may be necessary, either to enable us to fulfil our engagements at home or to cause ourselves to be respected abroad ; and at this portentous pe riod, when the powers of Europe, with whom we are connected by treaty or commerce, are in so critical a situation, and when the conduct of some of those powers towards the United States is so hostile and menacing, the several branches of the government, are, in our opinion, called up on with peculiar importunity to unite, and, by union, not only to devise and to carry into effect these measures, on which the safety and prosperity of our country depend, but also to undeceive those nations, who, regarding us as a weak and divided people, have pursued systems of aggression incon sistent with a state of peace between independent nations. And, sir, we beg leave to assure you, that we derive a singular consolation from the reflection, that at such a time the Executive part of our go vernment has been committed to your hands ; for in your integrity, talents and firmness, we place the most entire confidence." To this address the President was pleased to give a few words in reply, complimenting them in his turn, upon their wisdom, their penetration,, and independent spirit. 132 THE ADMINISTRATION The House of Representatives delivered their address the day following, and received the honor of tasting the wine and breaking the bread of tht President. Mr. Lyon, of Vermont, was the only member who had the firmness to refuse attending this procession. The first important business which came be fore Congress this session, was the conspiracy of governor Blount. Mr. Sitgreaves, on the 4th of December, brought up the report from the com mittee which had been appointed for the purpose of collecting evidence relative to this subject. In their report the committee state, that soon after their appointment, they received a trunk from J. Ross, Esq. containing sundry papers belonging to William Blount, which had been seized by order of the Senate. From a perusal of these papers, it appeared that one Nicholas Romayne, a practition er of physic, in New- York, was intimately connect*- ed with Blount. They, therefore, conceived it to be their duty to secure the person of Romayne, and for that purpose issued a writ, the execution of which they placed in the hands of the Secretary of State, who appointed Captain W. Eaton, messen ger on the occasion. This messenger returned with Romayne and his papers, which he also seized on the 10th of July. Mr. Romayne, after being examined, gave security for his appearance before the Senate on the trial of Blount. Major Lewis was appointed by the commit tee to secure James Carey, and one James Grant, OF JOHN ADAMS. 132 who also appeared to have had connections with Blount. Mr. William Davy, of Philadelphia, was examined respecting a Mr- Chisholm, who sailed for London in a vessel chartered by him, having his passage paid by Mr. Listen. Mr. Davy recol lected a conversation which passed between Mr. Chisholm and Mr. Thornton, the Deputy of Mr. Liston, who promised Chisholm the command of a squadron to act against Pensacola. He also pro duced a letter from his brother irrLondon, mention ing that Chisholm endeavored to get money from him ; but before he gave him any, he applied to Lord Grenville s office, to know if he had got any money from thence, and finding they had supplied him largely, he declined letting him have any. The deposition of Dr. Romayne was nearly as follows : He stated that he had been acquainted with Mr. Blount since 1782 ; that his first acquaint ance with Chisholm, was whilst in treaty with Mr. Blount in land speculation. Some time afterwards he intended going to London to sell lands, but abandoned that design, owing to property falling in price. He said governor Blount promised to procure a bill to enable aliens to hold land in the State of Tennessee. He confessed that Blount- used often to regret that the English did not possess Louisiana, and spoke of going to England on that business, for that they had much better possess it than the French ; that it was agreed on be tween Blount and himself, to sound certain persons in Philadelphia, as well as in Virginia and the THE ADMINISTRATION Southern States, on this subject ; but that the whole business had been dropped for some time, by Blount s neglecting to answer his letters. The letters which passed between Blount and Romayne have dates from February to May, 1797, and were chiefly on the project of going to England on the business of Louisiana. In these letters Dr. Romayne frequently speaks with confidence of suc cess, and often remarks upon the critical situation of the European powers, and the improbability of peace. Several letters passed between Romayne and Mr. Listen, but the former acknowledged their be ing destroyed, except the following one, which, of itself is a sufficient proof of the conspiracy on the part of the British minister : Philadelphia, 28th April, 1797. cc I am much indebted to you, Sir, for your friendly letter of the 14th of this month, inclosing one from Mr. Pulteney, whose good opinion gives me high satisfaction. (That letter is now returned.) " Taking it for granted that I understand to what business you allude, I could wish to have a full examination of your sentiments on the subject. It may be done, I think, in writing ; you may de pend on secrecy and discretion on my part. " The general sketch of what has taken place here, is, that a person came to me to make certain important propositions of enterprize, to which I listened, but said I had no power to act. OF JOHN ADAMS. 135 " He appeared to me determined and active, though illiterate and unfit to assume command. " He urged to have my consent to go to Europe^ to tell his own story, to which I consented (though with some hesitation) not thinking myself authorized to give a positive refusal. " It strikes me that if a person of confidence, with proper authority from home, were to accom pany him to the scene of action, something might probably be effected. (e Information of every sort will be gratefully received. " N. B. I have no intention of sending my se cretary any where. " Believe me, with great truth and regard, Sir, your most obedient, humble servant, " ROBERT LISTON. "DR. ROMAYNE." The charges exhibited by the House of Repre sentatives against William Blount, are contained in the five following articles : 6( ARTICLE I. " That whereas, the United States in the months of February, March, April, May and June, 1797, were at peace with his Catholic Majesty, the King of Spain ; and whereas, during the months aforesaid, his said Catholic Majesty and the Kin^ of Great Britain were at war with each other ; yet he the said William Blount, though, a Senator of the United States, did conspne, within its territo ries, to carry on a military expedition against the 136 THE ADMINISTRATION dominions of his Catholic Majesty in the Floridas and Louisiana, for the purpose of conquering the same for the King of Great Britain. " ARTICLE II. " That whereas, on the 27th of October, 1795, a treaty of friendship, limits and navigation, was concluded between the United States and his Ca tholic Majesty, by the 5th article of which, it was agreed that the two contracting parties should main tain peace and, harmony among the Indian nations who inhabit the country adjacent to the two Floridas ....yet the said Mr. Blount, disregarding the stipula tions of said treaty, did conspire to excite the Creek and Cherokee Indians to commence hostilities a- gainst the subjects of his Catholic Majesty in the Floridas and Louisiana, for the purpose of reducing the same to the dominion of the King of Great Bri- tain, with whom his Catholic Majesty was at war. " ARTICLE III. " That whereas, by the ordinances of Congress for regulating trade and intercourse with the Indian tribes, it has been made lawful for ihe President of the United States, in order to insure the continu ance of the friendship of the said Indian tribes, to appoint temporary agents to reside among them ; and whereas, in pursuance of the said authority, he did appoint Benjamin Hawkins to be principal temporary agent for Indian affairs within the In dian nations south of the river Ohio. ...yet the said William Blount did, in the prosecution of his crim inal designs, contrive to alienate the confidence of OF JOHN ADAMS. 1ST the said Indian tribes from Benjamin Hawkins, contrary to tire duty of his trust and station as a senator of the United States. <c ARTICLE IV. Ci That whereas, by the ordinances of Congress it is made lawful for the President to establish trading houses at such places on the western and southern frontiers as he shall judge most conveni ent for carrying on a liberal trade with the Indian nations, and to appoint an agent in each trading house, with such clerks as may be necessary fof the execution of the said acts, he did appoint James Carey to be the interpreter for the United States to the Cherokee nation ; yet the said Wil liam Blount did contrive, by bribery and corrup tion, to lead off the said James Carey from the duties of his office. " ARTICLE V. ce That whereas, certain tribes or nations of In dians inhabit within the territorial limits of the Uni ted States, between whom and the settlements of the United States certain boundary lines have been agreed upon, to separate the lands and possessions of the said Indians from die lands and possessions of the United States ; and whereas, it was farther stipulated that the boundary line should be ascer tained and marked by three persons appointed on. the part of the United States, and three Chcrokees on the part of their nation; yet the said William Blount did contrive to create and foment discon- *~;ni:s and disaffection among the- said Ia<lLans ro- 738 THE ADMINISTRATION wards the government of the United States, in re lation to the ascertainment and marking of the said boundary line, contrary to the duty and trust of his station as Senator ,of the United States, and against the peace and interests thereof." The following gentlemen were appointed by the House as managers to conduct the impeach ment against Mr, Blount: Mr. Sitgreaves, Mr. Bayard, Mr. Harper, Mr. Gordon, Mr. Pinckney, Mr, Dana, Mr. Sewall, Mr. Hosmer, Mr. Den nis, Mr. Evans and Mr. Imlay. During the ballot of their election an unfortu nate quarrel took place between two members, Mathew Lycn, of Vermont, and Roger Griswold, which occupied the attention of the House for several weeks after. The committee of privileges, who were instructed to enquire into the conduct of these gentlemen, made the following report on the second of February : That during the sitting of the House on the 30th of January, when the tellers of the House were engaged in counting the ballots for managers of the impeachment against William Blount, Mr. Lyon was standing without the bar of the House, and in conversation with the Speaker, who had left his seat as is usual on such occasions; the subject of his conversation was the conduct of the Repre sentatives of the State of Connecticut, of whom Mr. Griswold was one. Mr. Lyon declared that they acted in opposition to the interests and opin ions of nine tenths of their constituents j that they OF JOHN ADAMS. - were pursuing their own private views, without regarding the interests of the people of that: State -, that they were seeking offices which they were willing to accept, whether yielding 9000 or lOOOr dollars. He further observed, that the people o that State were blinded and deceived by those Re presentatives ; that they were permitted to see but one side of the question in politics, being lulled asleep by the opiates which the members from that State administered to them, with other expressions, equally tending to derogate from the political in tegrity of the Representatives of Connecticut. On Mr. Lyon s observing, that if he should go> into Connecticut and conduct a letter press there for six months, although the people of that State were not fond of revolutionary principles, he could effect a re volution and turn out the present Repre sentatives, Mr. Griswold replied, " if you go in to Connecticut Mr. Lyon, youvhad better wear your wooden sword," alluding to Mr. Lyon s hav ing been cashiered in the army. Mr. Lyon did not notice the allusion at the time, , but continued the conversation ; Mr. Griswold then left his seat and stood next to Mr. Lyon, lean- kigon the bar, but being outside of the same,- On Mr. Lyon s saying, he knew the people of Connecticut well, having lived among them ma ny years, that he had frequent occasion to fight them in his own district, and that he never fail ed to convince them, Mr. Griswold asked if he HO THE AECMimSTR AfrOS fought them with his wooden swords on which Mn !Lyon spit in his lace. The House was engaged in the investigation of this unimportant affair until the 28th of February, A motion was made for the expulsion both of Mr. Lyon and Mr. Griswold, but it was finally negativ ed ; and the two disorderly members were allowed to retain their seats, without ever receiving a repri mand for their conduct. However Mr. Lyon may be respected for his firmness in adhering to the rights of his-country, his conduct on this occasion must be regarded by every impartial person, to have been equally unwarrantable and unbecoming the digni ty of a member of Congress > as the behavior of Mr. Griswold, Perhaps the punishment of expulsion, might be supposed to affect the rights of their con stituents, but certainly a moderate fine, and a re primand from the Speaker, ought to have been the lightest apology admitted of. Similar instances of indecorous behavior have occurred in the parliaments of Britain,, and the na tional assemblies of other countries ; but they have been always attended with the marked disapproba tion of the assembly insulted. During the contest that .took place in the Scotch parliament relative to the union of that country with England, a furious Jacobite tory tossed the wig of his political oppo nent into the fire. The offender, whose name was M Donalcl, was condemned by a vote of the House to be incapable of wearing a wig on his head, a sword by his side, or affixing his arms to any writ- OF JOHN ADAMS, ten document for the space of one twelvemonth after the transgression. In the reign of James I. of England, a motion was made in the House of Commons to supply the Welch members with pocket handkerchiefs; owing to several indecencies that were daily prac tised by these mountaineers. In Lucerne, in Switzerland, in the year 1792, a democratical member entered the Senate, with the three colored ribbon flying at his breast. This As sembly, who were all, excepting a few individuals, attached to aristocracy, evinced their displeasure by a low hooting and hissing ; one, however, who could not govern so easily his passion, walked up to the republican member, and tore off, in a forci ble manner, the ensign of liberty. The aristocrat was instantly called to order, underwent a trial for disorderly behavior in the Senate, and was fined in a sum of 300 florins. The next business of importance which occu pied the attention of Congress, was a communi cation of the President, respecting the dispatches which he had received from the envoys extraordi nary of the United States to the government of France. These papers were laid before the public by an order of the Senate on the 5th of April. Be fore their communication, a thousand reports were industriously circulated, tending to place the con duct of the French Directory in the most odious light.... even members themselves, were found base enough to give by letter and otherwise, impressions 142 THE ADMINISTRATION of their contents very different from the truth. It was publicly declared, and that on the authority of a member, that twelve millions of dollars had been demanded, as a condition on which a negociation would be opened This furnishes a striking proof of the hostile disposition which our Executive en tertained towards the French Republic, and of its determination, at all events, to bring about a war between the two countries. The limits of this volume preclude the possibility of inserting these official papers ; but the following is a correct summary of their substance : On the 4th of October, 1797, Charles Cotes- worth Pinckney, John Marshall and Elbridge Ger ry arrived in Paris, as envoys extraordinary from the United States of America to the French Re public. On the 6th, they communicated their ap pointment by an official letter to Talleyrand, minis ter of foreign affairs -, and on the 8th they waited upon this minister, and delivered their letters of credence. ...he informed them that he was, by order of the Directory, preparing a report of the situation of the United States with regard to France, and when finished, he would acquaint them with the steps that were to follow. Cards of hospitality were then given to them in a style suitable to their official character. On the llth of November, the envoys wrote an official letter to Talleyrand, complaining of hav ing not yet received any reply from him or the Di rectory, of the situation in which they were thus OF JOHN ADAMS. 143 left. Not obtaining an answer, they sent their Se cretary, Major Rutledge, to Talleyrand, who in formed Major Rutledge, that he had communicated the letter of the envoys to the Directory, and they would direct him what steps to take. This was the whole of the official intercourse our envoys had with the French government. By letter, dated the 24th of December, they inform our Secretary of State that they were resolved, if on the 10th of January they had no official answer to their letter, to write to Talleyrand, stating the object of their mission, and discussing the subject of difference between the two nations in like man ner as if they had been actually received ; and to close the letter with requesting the government to open the negociation with them, or to grant them their passports. The last letter of the envoys to our government is dated 8th January, and therefore prior to the let ter which they intended to write. Between the 14th of October and the 1st of November, some gentlemen (whose names are not communicated by the Executive to Congress, but who are designated by the letters W. X. Y. and Z.) were introduced to our envoys, and two of them, Mr. X. and Mr. Y. stated that they had messages from Mr. Talleyrand, who was desirous that a re conciliation should take place, and that they would suggest plans for that purpose. The substance of their proposals was, that the Directory, and par ticularly two of the members of it, were exceed- THE ADMINISTRATION ingly irritated at some passages of the President" * speech of the 16th of May past; that an expla nation of some parts and & reparation of others (which parts were designated) should be made ; that in lieu of reparation for the speech, the Direc tory would accept money ; that is to say, a loan for the use of the French Republic of 32,000,00(5 florins (equal to 12,800,000 dollars) and besides that, a sum of money by way of douceur, for the pocket of the Directory and- ministers, which might be at the disposal of Mr. Talleyrand, equiva lent to 1,200,000 livres or/50,000 sterling; that commissioners should be appointed to ascertain the claims of the United States in like manner as under our treaty with England, excepting those con demned for want of a role d equipage, which must be left a subject of negociation ; and that France should, by a new treaty, be put upon the same footing as England. It was also stated by the same gentlemen, and especially by Mr. Y. (who is ealled a confidential friend of Talleyrand, but who stated that he had no official character) that the loan to be made should be executed by the United States, purchasing from the French Republic at par, a quantity of stock, bearing 5 per cent, interest, paid by Holland to France, known by the name of Dutch rescriptions, and which at market was worth only 10^. in the pound. It was also demanded, that our government should advance to our citizens the amount of indem nifications to be paid for illegal captures by France,, OF JOHN ADAMS. 145 the said amount to be afterwards repaid by France to our government ; and it was added, that it would be extremely proper that the amount of indemni fications thus paid to our citizens, should again be by them applied in new supplies to the French government. This last part seems, however, to have been dropped by those agents ; and on the 30th of October Mr. Y. gave in writing the follow ing propositions : 1st. The American envoys shall remain here for 6 months, in the same manner and upon the same footing as did Mr. Ara-njo, the envoy of Por tugal. 2d. There shall be formed a commission of 5 members, agreeably to a form to be established, for the purpose of deciding upon the reclamations of the Americans, relative to the prizes made on. them by the French privateers. 3d. The American envoys will engage that their government shall pay the indemnifications, or the amount of the sums already decreed to the Ame rican creditors of the French Republic, and those which shall be adjudged to the claimants by the commissioners ; this payment shall be made under the name of an advance to the French Republic, who shall repay it in a time and manner to be agreed on. 4th. One of the American envoys shall return to America, to demand of his government the ne cessary powers to purchase for cash, the 32,000,000 of the Dutch resolutions belonging to the French T 14-6 THE ADMINISTRATION Republic, in case the envoys should conclude a treaty which shall be approved of by the two na tions. 5th. In the mean time the definitive treaty shall proceed, for the termination of all differences existing between the French Republic and the United States, so that the treaty maybe concluded immediately on the return of the deputy. 6th. The question of the role d equipage shall remain suspended until the return of the deputy, and the commission shall not pronounce upon any reclamation when this point shall be in question. 7th. During the 6 months granted for the gb-< ing and returning of the deputy, hostilities against the Americans shall be suspended, as well as the process for the condemnation before the tribunals, and the money of the prizes already condemned, in the hands of the civil officers of the nation, shall re main there, without being delivered to the priva teer-men, until the return of the deputy. These propositions were to be made by our en voys as coming from themselves, and Mr. Talleyrand would undertake to use his influence with the Di rectory to have them adopted. ...but Mr. X. added, that Mr. Talleyrand would not consent even to lay the proposition before the Directory without previ ously receiving the ^.50,000 sterling, or the grea- cr part of it. They were, however, rejected by our envoys, who hinted that they would pay the douceur OF JOHN ADAMS. 147 of ,,.50,000 sterling on the ratification of the treaty. Mr. Talleyrand, on the 28th of October, offer ed to Mr. Gerry for perusal, anarrete of the Direc tory, in which they had demanded reparation for the President s speech ; and added, that he thought that he could, by money, prevent its effect.... and on the 3d of November Mr. Y. shewed the envoys a copy of a letter, said to be prepared by Mr. Talleyrand in pursuance of the arrete, which he said would be sent, unless they came into the above stated proposition. The envoys said they did not wish the letter to be delayed ; but, notwith standing, it never was sent. Mr. Y. also argued a- great deal on the immense power of France, the danger of a war to America, the impending ruin of England, the certainty of the invasion, the great ad vantage of neutrality, and the great number of friends to France in America, who would throw the blame of the rupture of the negociation on the British party. To all these insinuations the envoys answered with firmness, still declaring that they had full pow ers to make a treaty to restore friendship, but none to make a war ? which would amount to a breach of neutrality ; and they agreed.,, on the 1st of Novem ber, to have no further direct intercourse with the French government. On the 17th of December, Mr. Y. made an other attempt, saying that six weeks having elapsed since the rejection of the former proposi- 14& THE ADMINISTRATION tions, perhaps the envoys had changed their and he said that Mr. Talleyrand thought, that if two measures were adopted, a reconciliation would follow, to wit : the gratuity of ,.50,000 sterling, and a purchase of only 16,000,000 Dutch reserip- tions at par (equal to 6,400,000 dollars). He stated that the state of Virginia owed to M. Beaumarchais < 145,000 sterling, and he (Beaumarchais) con sented to lose . 45,000 of it, provided he got the other ..100,000, and the gratuity of ,.50,000 sterling was given to Talleyrand ; that in this man ner the United States would be only ,.5000 ster ling out of pocket, as they would get the ,.45,000 from Virginia. ...and as to the rescriptions, he said more than one half of the sum could be borrowed in Holland on the credit of the rescriptions, and the balance would be demanded only in easy instal ments, which might also be obtained in loan. He again threatened, in case of non-compliance, and said that a few frigates from St. Domingo would be sent to ravage the coasts of the United States. On the same day Mr. Gerry and Mr. Y. went to see Mr. Talleyrand ; and Mr. Gerry told Mr. Talleyrand that Mr. Y. had stated to him that morn ing some propositions, as coming from Mr. Talley- rand; respecting which he could give no opinion. Mr. Talleyrand said that the information given by Mr. Y. was just, and might always be relied on; but that he would reduce to writing his proposi tions, which he did ; and, after having shewn them to Mr. Gerry, burnt the paper. Mr. Gerry, on hi? OF JOHN ADAMS. 149 return home, reduced them to writing from memo ry, as follows : " France has been serviceable to the United States, and now they wish to be serviceable to France ; understanding the French Republic has 16 millions of Dutch rescriptions to sell, the United States will purchase them at par, and will give her further assistance when in their power. " The first arrangement being made, the French government will take measures for reimbursing the equitable demands from America, arising from prizes, and to give free navigation to their ships in future/* On the 4th of May and the 18th of June, the President sent two other messages to Congress, re lative to fresh communications he had received from the envoys, respecting a decree passed by the Councils of France, to capture and condemn all .neutral vessels laden in part or in whole with the manufactures or productions of England or its pos sessions. The envoys had remonstrated against the injustice of this decree, in a letter to the minister of Foreign Affairs in France, dated the 17th of Jan uary, but received no satisfactory reply. Congress were taken up the greater part of the remainder of this session, which was both the longest and most important that had yet been held under the present confederacy, in discussing the Alien aad Sedition bills, which met with consider able opposition from the most respectable members in the House of Representatives. The speech of 15O THE ADMINISTRATION Mr. Livingston, against- the Alien bill, was justly- esteemed, and his patriotic exertions on this occa sion will ever be remembered. On Monday, the 16th of July, they adjourned^ after passing the following acts : 1. An act to postpone for a limited time, the commencement of the duties imposed by the act, intitled, "An act laying duties on stamped vellum, parchment and paper. 2. Making certain partial appropriations for the year 1798. 3. Authorizing the payment of certain sums of money to the daughters of the late Count de Grasse. 4. For the relief of the representatives of Wil liam Carmichael, deceased. 5. For the relief of North and Vesey, of Charles ton, South-Carolina. 6. For allowing a compensation to the door keeper of the Senate and his assistant, for their services during the late session of Congress. 7. For the relief of John Frank. 8. To prescribe the mode of taking evidence in cases of contested elections for members of the House of Representatives of the United States, and to compel the attendance of witnesses. 9. Providing for the payment of the interest on a certificate due to General Kosciusko. 10. To amend the several acts for laying duties on spirits distilled within the United States, and on stills. <&F JOHN ADAMS. 151 1 1 . Supplementary to the act, intitled, " An act regulating foreign coins, and for other purposes. 12. Directing the Secretary of War to place certain persons on the pension list. 13. For the relief of William Alexander. 14. Appropriating a certain sum of money to defray the expence of holding a treaty or treaties with the Indians. 15. To provide for the widows and orphans of certain deceased officers. 16. For the erection of a light-house, and plac ing buoys at the several places therein mentioned. 17. Providing the means of intercourse between the United States and foreign nations. 18. Making appropriations for the support of government for the year 1798, and for other pur poses. 19. For the relief of Sylvanus Cromwell. 20. To amend the act, intitled, " An act laying duty on stamped vellum, parchment and paper." 21. Declaring the consent of Congress to an act of the commonwealth of Massachusetts. 22. Declaring the consent of Congress to an act of the State of Maryland, passed the 28th of De cember, 1793, for the appointment of a health of ficer. 23. For an additional appropriation to provide and support a naval armament. 24. To continue in force the 5th section of an act in addition to the act, intitled, " An act to es tablish the post-office and post-roads of the United States/ 152 THE ADMINISTRATION" 25. To continue in force for a limited time, a part of an act, in-titled, "An act making further provision for securing and collecting the duties on foreign and domestic distilled spirits, stills, wines and teas." 26. For the relief of the refugees from the Bri tish provinces of Canada and Nova-Scotia. 27. To continue in force the act, intitled, " An act prohibiting, for a limited time, the exportation of arms and ammunition, and for encouraging the importation thereof. 28. For an amicable settlement of limits with the State of Georgia, and authorizing the estab lishment of a government in the Missisippi terri* tory. 29. Authorizing an expenditure, and making an appropriation for the reimbursement of the mo* nies advanced by the consuls of the United States in certain cases. 30. Supplementary to an act, intitled, " An act authorizing a loan for the use of the city of Wash ington, in the district of Columbia, and for other purposes therein mentioned. * 31. To provide an additional armament for the further protection of the trade of the United States, and for other purposes. 32. Making an appropriation for the payment of a balance found due to the legal representatives of William Carmichael, deceased. 33. To provide an additional regiment of ar tillerists and engineers. 34. For erecting light-houses. OF JOHN ADAMS. 153 35. To establish an executive department, to be denominated the department of the navy. 36. To authorize certain officers and other per sons, to administer oaths. 37. Supplementary to the act providing for the further defence of the ports and harbours of the United States. 38. To enable the President of the United States to procure cannon, -.arms and ammunition, and for other purposes. 39. To authorize the President of the United States to cause.to be purchased or built, a number of small vessels, to be equipped as gallies or other wise. 40. For the relief of Obadiah Brown. 4 1 7 Directing the payment of a detachment of militia, for services performed in the year 1794, un der Major James Ore. 42. To continue in force a part of an act, re specting the compensation to the officers and ma riners of the revenue cutters. 43. To revive and continue in force the act re specting the compensation of clerks, and for other purposes. 44. For the relief of William Imlay. 45. For the relief of Joseph Nourse. 46. To amend the act, intitled, " an act to amend and repeal in part, the act, intitled, " An act to as certain and fix the military establishment of the United States." U THE ADMINISTRATION 47. Authorizing the President of the United States to raise a provisional army.* 48. More effectually to protect the commerce and coasts of the United States. 49. Providing for the relief of persons imprison ed for debts due to the United States. f 50. Supplementary to an act, intitled, " An act for the relief of persons imprisoned for debt." 51. Respecting loan-office and final settlement certificates, indents of interest and the unfunded or registered debt, credited in the books of the Treasury. 52. Making appropriations for the military es tablishment for the year 1798, and for other pur poses. * By this act, the President was authorized, in the event of a declaration of war against the United States, to enlist and call into actual service, for a term not exceeding three years, an army of ten thousand men ; each soldier to receive a bounty of ten dol lars, one half on enlisting, and the other half on joining the corp to which he might belong. j- Any person imprisoned upon execution issuing from any court of the United States, for a debt due to the same, by this act may procure his freedom, if he applies in writing to the Secretary of the Treasury, stating the circumstances of the case, and his in ability to discharge the debt, provided there be proof sufficient of the truth of the facts stated by the debtor. f This act allows the sum of 1,41 1,798 dollars for the milita ry establishment of 1798, to be appropriated as follows : For the pay of the army of the United States, 264,824 dollars : For the subsistence of the officers of the army, 40,661 dollars : For the subsistence of the non-commissioned officers, 247,178 dollars: Forage, 15,816 dollars : Horses for the caval- OF JOHN ADAMS. 155 53. To suspend the commercial intercourse be tween the United States and France, and the de~- pendencies thereof. 54. Supplementary to, and to amend the act, intitled, " An act to establish an uniform rule of naturalization, and to repeal the act heretofore passed on that subject." 55. To amend the act, intitled, " An act provi ding a naval armament," and the act, intitled, " An act to authorize the President of the United States to cause to be purchased or built a number of small vessels, to be equipped as galleys or otherwise." ry, to replace those who may die* 4,500 dollars : Cloathingv 83,050 dollars : Bounties and premiums, 38,000 dollars : Hos pital Department, 10,000 dollars : Ordnance Department, 43,000 dollars : Quarter-Master s Department, 224,000 dollars : Payment of annuities to the six nations, 14,000 dollars : For tli?. expences attending the transmission- of goods for the above annui ties, 9,000 dollars : For promoting civilization, and pay of tern- porary agents, 15,000 dollars : For ratios to Indians at the dif ferent military posts, 20,000 dollars : For building a grist and saw-mill, for the use of the Stockbridge Indians, 3,000 dollars : For presents to Indians on their visits to the seat cf government, 10,000 dollars : For the protection of the frontiers of the Uni ted States, 60,000 dollars : For loss of stores, ?.uowances to offi cers on being ordered to distant commands, &c. 20,000 dollars : For the annual allowance to the invalids of the United States, 12,067 dollars 7 cents : For the construction and repair of cer tain vessels on the lake, 16,700 dollars : For making good a defi ciency in the appropriations for the subsistence of the non-com missioned officers and privates of the army of the United States, 1 14,167 dollars : For making ood a deficiency in the appropria tions for the expence of the Quarter-Master and Indian Depart ments, 54,694 dollars. 156 THE ADMINISTRATION 56. Supplementary to, and to amend 1 the act, intitled, " An act authorizing the President of the United States to raise a provisional army.* 57. To extend the privilege of franking letters and packets to the Secretary of the Navy. 58. Concerning Aliens.* 59. To authorize a grant of lands to Stephen Monot, and other inhabitants of Galliopolis, therein named. 60. To authorize the defence of the merchant vessels of the United States, against French depre dations. 61 . To punish frauds committed on the bank of the United States. 62. In addition to the act more effectually to jprotect the commerce and coasts of the United Stales. 63. Making an appropriation for the expcnces incident to the new regiments of artillerists and en gineers during the year 1798. 64. Supplementary to the act, intitled, "An act to provide an additional armament for the further protection of the trade of the United States, and for other purposes." * By this act, which was to continue in force until the 22d of June, 1 800, it was lawful for the President of the United States to order all such Aliens as he might judge dangerous, to depart out of the territory of the United States within a limited time ; and in case any Alien, so ordered to depart, should be found at large within the United States, after the time limited, he was lia ble to be imprisoned for a term not exceeding three years, and rendered incapable of ever becoming a citizen of the United States. OF JOHN ADAMS. 157 65. Providing arms for the militia throughout the United States. 66. Respecting Alien enemies. 67. To declare the treaties heretofore con cluded with France, no longer obligatory on the United States. 68. Further to protect the commerce of the United States.* 69. Limiting the time within which claims against the United States, for credit on the books of the Treasury, may be presented for allowance. 70. To provide for the valuation of lands and dwelling houses, and the enumeration of slaves, within the United States. 71. To augment the army of the United States, and for other purposes. 72. To enable the President of the United States to borrow money for the public service. 73. For erecting a light house at Gay-Head, on Martha s Vineyard, and for other purposes. 74. Authorizing an additional naval armament. 75. For the relief of sick and disabled seamen. 76. For allowing an additional compensation to the door-keepers and assistant door-keepers of the Senate and House of Representatives. 77. In further addition to the act, intitled, " An act to establish the judicial courts of the Uni ted States. 7 * The President was hereby authorized, whenever he should judge it expedient, to instruct the public armed vessels in the ser vice of the United States, to seize any armed French, or pretend ed French vessels, found within the jurisdictional limits of the Uni ted States, or elsewhere on the high seas. 158 THE ADMINISTRATION 78. To suspend, fora further time, the duties upon the manufacture of snuff within the United States, and the drawback upon the exportation thereof. 79. Making certain appropriations, and to au thorize the President to obtain a loan on the credit of the direct tax. 80. Allowing an additional compensation to the Secretary of the Senate and the Clerk of the House of Representatives, and their Clerks, for the present session of Congress. 81. Making certain additional appropriations for the year 1798. 82. Authorizing the grant and conveyance of a certain lot or piece of ground to Eli Williams. 83. To alter and amend the several acts for the establishment and regulation of the Treasury, War and Navy Departments. 84. To amend the act, intitled, cc An act to sus pend the commercial intercourse between the Uni ted States and France. 85. An act in addition to the act, intitled, " An act for the punishment of certain crimes against the United States." The 1st clause of this act, which was termed the Sedition Act, ordained, " that if any person should unlawfully combine or oppose any measure of the government of the United States, or intimidate any person holding a place or office under the same, he shall be deemed guilty of a high misdemeanor, and on conviction, be pun ished by a fine not exceeding 5000 dollars, and im- OF JOHN ADAMS. 159 prisoned during a term not less than six months, and not exceeding five years." 2d clause expressed, cc that if any person should write or publish, or cause to be written or publish ed, any libel against the government of the United States, or either House of Congress, or against the President, he should be punished by a fine not ex ceeding two thousand dollars, and by imprison ment not exceeding two years. 71 This act was to continue in force until the 3d of March, 1801. 160 THE ADMINISTRATION CHAPTER VI. Reflections on the conduct of the President.... Dis mission of Mr. Gardner cf New-Hampshire.... Spies encouraged.... Anecdote of the Spy Or am.... Treatment to General Sumpter of South-Carolina., at the New-Circus, Philadelphia.... Federal mob on the 9th of May, 1798. ...Dismission of Dr. James Reynolds from the Dispensary at Philadel phia.. ..Persecution by the Dunkards.... Federal ad dresses.... Vanity of the President.... Remarks of Mr. Callendcr on the President s answer to the New- Jersey Militia... .Procession of the President from Quincy to Boston.. .Bostonian honors.... Re ception given to the President at Fanuiel-Hall.... Characters of the Senators and Members of the House of Representatives. 1 HE beginning of the year 1798 may not im properly be styled the commencement of the reign of terror in the United States. Previous to the spring of this year, the image of a republic, and the mildness of Washington s administration werer preserved with a decent reverence. The unfortu nate alien had not to dread a dungeon more horri-; ble than that which he escaped, nor was the pen or the lips of the patriot compelled to submit to* the rigid forms of a sedition law. The wavering intellect of Mr. Adams had only now assumed the consistency of a tyrant. Although he might have long aspired at sovereign power, his administration OF JOHN ADAMS. 161 was unstained with acts of cruelty. He had not, previous to this period, calumniated virtue, pun ished merit, rewarded vice, and given a poignancy to the rage of contending parties. Vv T hatever his intentions might formerly have been, his conscience and not the world witnessed their criminality. William Gardner, commissioner of loans for New-Hampshire, a man of honor and integrity, was one of the first whom he deprived of the means ot supporting a numerous family, on account of his political principles. This gentleman had in De cember, 1790, accepted the above office. ...he was then treasurer of New-Hampshire, a place worth about a thousand dollars per annum. ...his situa tion as commissioner amounted only to six hundred and fifty. ...he did not solicit his new office. ...he was urged to accept of it by an assurance that Congress would augment the salary. ...as they did not, Mr. Gardner signified his intention to resign within eighteen months after his acceptance. Mr. Hamil ton, then Secretary of the Treasury, sent him a let ter in answer, dated the 14th of June, 1792. la this letter, Mr. Hamilton expresses the warmest approbation of Mr. Gardner s services, and regrets that they had not been adequately rewarded. ...he solicited him to continue his situation, with the assurance that his salary would be enlarged. Mr. Gardner received two other letters in the same style from Mr. Hamilton, and two from his succes sor, Mr. Wolcott....of these, the last is dated so late as February 6th. 1797. In summer, 1798, he X 162 THE ADMINISTRATION was tamed out, for refusing to subscribe an address to the President which was circulated at Ports mouth, in New-Hampshire, couched in the most fulsome style, and breathing only slander and ser vile bombast. The same system of persecution was immedi ately extended all over the continent/ Every per son holding an office was obliged to resign, or adore Mr. Adams as the Augustus of the new world.... a catalogue of their expulsions would fill a pam phlet. Spies were employed to report to the Ex ecutive every action and every word which reflect ed upon the President or his servants. No public company was free from these hired slaves of tyran- ny.yfthe tables of the virtuous were besieged by their sycophancy and betrayed by their hypocrisy. One of them, by name Oram, had even the audacity to introduce himself into a hotel where the Vice- President lodged. The mind of Mr. Jefferson is above suspicion or disguise. ...his conversations on philosophy and politics were carried to the Inqui sition at Braintree, there new modelled, and after wards handed to Abercromby, Linn and Mason, by whom they were trumpeted forth to the world. Mr. Adams had resolved to reward the villain by making him a captain of artillery, but the depraved part of the Senate were ashamed of his character, and the project was relinquished. \ The Emperors of Rome, in the height of their power, received from their humble subjects not more servile marks of submission than were paid OF JOHN ADAMS. 163 to President Adams by the federal faction. The republican who had firmness enough of mind to know his own importance, was always insulted, and often in hazard of his life from this host of aristocracy. In the summer of 1798, General Sump- ter, of South Carolina, was unwarrantably abused at the new Circus, in Market-street, Philadelphia, because he did not pull off his hat, kiss the ground and clap his hands when John Adams entered the place. The General sat in one of the front rows when a rumour spread that the President was com ing in.... the spectators were rising from their seats, hurrying off their hats and commencing to clap, when one Fitzhugh called out in a loud voice, asking why the General did not clap ? A second rumour arose, and a second demand for clapping was made upon the venerable veteran. ...at the same. time Fitzhugh attempted to seize his hands and force him to give applause^/ General Surnpter re presented there was no mutual acquaintance to justify such freedoms, that he was a stranger to the gentleman.,, and asked if the latter knew who he was ? " Oh damn you, we know you and all your party," replied the tory ; Ci I hope in six months time to see you all banished from the country j" then turning to the spy Oram, he went on thus : " does not Dayton keep these fellows in excellent order," alluding to the ruffian insolence of this man when Speaker of the House of Representa tives. The second rumour of the approach of the President proved also groundless. At last, how- 161 THE ADMINISTRATION ever, his Majesty did appear. Fitzhugh then at tempted to snatch off General Sumpter s hat, ask ing why, like the rest of the company, he did not uncover? The General found out his name, and called for him next morning at his lodgings ; but Fitzhugh was gone. The ninth day of May, 1798, which was ap pointed by the State of Pennsylvania as a day of fast and of worship to the creator, was designed by the federal faction as a day of massacre and blood shed : "they and the clergy had fixed upon it as the most proper for commencing their political perse cution. A well known clerical aristocrat, of Christ s Church, Philadelphia, \vas to give the signal of riot from the pulpit, by a thundering declamation against philosophers and jacobins, free-masons and iiluminati. Bache, the printer, whose family and house were doomed for destruction, heard, by ac cident, of his danger.... he applied to Hilary Baker, then mayor of the city, for protection, but the mayor was in league with the conspirators, and protection was refused. Bache, as his only means of defence, collected and armed all his friends, and the other republican house-holders did the same. The aristocrats, seeing these preparations, desisted from their plan, but like cowardly assassins, they filled the streets with noise and alarm, broke several windows, knocked down the lamp-posts, bedaubed the statue of the venerable Franklin with mud, and defiled the entrance to every pub lic building with crowns and ensigns of royalty. OF JOHN ADAMS. 165 When the hour of twelve at night was struck, the Coffee-House, in South -Second-street, which is kept by an old servant of the Ambassador Liston, was immediately crowded with Adamites, who stun ned the ears of the neighborhood until sun-rise next o morning with " God save the King/ and " Rule Britannia." The history of this night has never been completely told. Mr. Callender affirms, that a large quantity of arms were lodged in a house near the Hall of Congress, from whence muskets and balls were to have been distributed to the federal inob. Happily, however, by the exertions of the republican inhabitants, the storm blew over, and Philadelphia did not witness, as was intended, the scenes of Paris on the 10th of August and 2d of September, 1792. * The spirit of party even extended itself to charitable institutions. The Dispensary at Philadel phia was then conducted by six physicians, who gave attendance gratis. One of these was Dr. James Reynolds, of Ireland, a gentleman who was obliged to abandon his native country on account of his attachment to political liberty. The managers of the Dispensary, in place of thanking him for the acceptance of a trust by which he could gain no thing, took offence at his attendance, and gave him notice that his services were not acceptable. The other five physicians wrote a letter to the managers, representing, that they could never admit the in troduction of such a principle for dismission. ...the board treated their letter with contempt, and re- 166 THE ADMINISTRATION turned it back with a note wrote on the cover, that * the contents were of a nature improper to be con sidered." The physicians immediately gave in their resignation, adding, that they would continue their attendance until successors could be appointed. The managers sent them another letter, and, with out thanking them for the latter part of their com munication, accepted of their proposal to resign. In this same summer., (1798) a German, living in Maryland, wrote an account of himself in a letter to Philadelphia. He had been reduced, in his own country, from opulence to want, by his attach ment to the French revolution. He indented him self and his family with the captain of a vessel bound for Maryland ; the captain could not sell the man, and gave him liberty to shift for his support. The German was engaged by some Dunkards to teach a school ; after a considerable time, his employers came to learn his political his tory. At the period of his writing this letter, they had resolved to turn him loose on the world in re venge for his political tenets : what became of him afterwards is not known. During these scenes of tyranny, which were daily exhibited in the streets of Philadelphia, Balti more and New- York, the federal papers through out the union were filled with addresses to the President, complimenting him upon the mildness, justice, and impartiality of his administration; his attachment to liberty and his benevolence to for eigners. Pickering, Liston and the British mer- OF JOHN ADAMS. 167 chants, were the most active instruments in procur ing these epistles of royal jargon. Every town and village which did not honor the President with their approbation, w r ere supposed to be under the influence of some jacobin. The province of Maine, where General Dearborn, the present Secretary of War resides, was ranked in the number; and the whole odium thrown upon this patriotic officer. Mr. Pickering is said to have wrote to him a letter, requesting him to use his influence with the inhabitants to address the Pre sident ; informing him at the same time, that Mr. Adams entertained the highest opinion of his friendship, s and that this act would still farther strengthen that sentiment. General Dearborn, with that candid integrity which marks his charac ter, returned an answer, informing the Secretary of State, that whatever his private sentiments might be, he had taken no part in preventing the inhabit ants to address the President, nor would he use his exertions to promote an address, however agree* able it might be to Mr. Adams, unless he saw a change of measures from those which were carry ing on. Mr. Pickering wrote a second and a third letter to the same purpose, but received no an swer. An address from New- York was presented, containing four thousand signatures, but three thousand of the names were those of English mer chants, their clerks and servants, who had not re sided above a few years in the State ; several in- 168 THE ADMINISTRATION stances were even known of merchants compelling their clerks to sign more than once under different signatures. One of these addresses will be a sufficient spe cimen of the fulsome flattery which was made use of: It is the production of a society of merchants at Boston . " To John Adams, Esq. President of the United "States of America. " We the subscribers, inhabitants and citizens of Boston, in the State of Massachusetts, deeply impressed with the alarming situation of our coun try, and convinced of the necessity of uniting with firmness at this interesting crisis, beg leave to ex press to you, the chief magistrate and supreme ru ler over the United States, our fullest approbation of all the measures, external and internal, you have pleased to adopt under direction of the divine au thority, for settling and accommodating all existing differences, upon terms compatible with the safety, the interest and the dignity of the United States. " We beg leave also to express the high and ele vated opinion we entertain of your talents, your virtue, your wisdom and your prudence ; and our frxed resolution to support, at the risk of our lives and fortunes, such measures as you may de termine upon to be necessary for promoting and securing the honor and happiness of America; nor can we omit, upon such an occasion, to declare to the world, that we are not humiliated under a co lonial sense of fear, that we are not a divided peo- OF JOHN ADAMS* 169 pie, but that we know the duty we owe to the Pre sident of our country > and are determined to sup port him. " Boston, 1st May, 1798." The childish vanity Mr. Adams displayed up on receiving these addresses* gave surprise to those who even had the best opportunity of being ac quainted with his weaknesses. They usually form ed part of his table equipage, as regularly as a newspaper, or a dish of coffee. ...a file of five hun dred of them, suspended in the front of his library, served him as a political dictionary for civil, na val and military appointments, on all occasions. None whose name was not found entered in this sa cred register, could claim any pretensions to the fa vor of Mr. Adams. The magistrate, the soldier and the sailor, equally owed their birth to this bun dle of federal parchment, which is now preserved in the palace of Braintree, and which will transmit to posterity the political state of America at the close of the eighteenth century. Those addresses which were not couched in the most submissive terms were treated with the great est contempt. One of this nature was transmitted in June, 1798, by some officers and soldiers of the Jersey militia. They said that they did not ac knowledge an implicit approbation of the conduct of Mr. Adams ; they declared their disbelief " that the administration of our government had in all. cases been absolutely perfect !" they explained their aversion to an English alliance and a French war ; Y 170 THE ADMINISTRATION they ascribed the calamitous situation of the United States to the influence of interested commercial characters, and of the internal faction that had for merly resisted the American Revolution ; they warned Air. Adams to beware of surrounding flat terers, and of men who panted to speculate in the spoils of war, Mr. Adams returned them an an swer, censuring them in the severest terms for presuming to call a government of their own choice a party, and for asserting, or even supposing, that he caressed those characters who were the worst enemies of America. On this answer, Mr. Callender, with his usual acuteness, makes the following severe, though just remarks : " Under the general phrase of govern ment, Mr. Adams here attempts to confound the constitution and its officers. These are two mat ters entirely distinct ; as such they shall be sepa rately discussed. I begin with the form of gov ernment ; that is, the present federal constitution. " This system was, after a violent struggle, adopted by a majority of the people. ...one reason or conceit, which led them to this measure, was, lest the United States should be invaded and par titioned by some foreign power. For the last ten years our public transactions have often originated in false alarms, operating on the public mind like as many shocks of electricity. ...at one time Genet was to overturn the government ; when that bugbear vanished, the Western mob, so carefully fostered into consequence by Hamilton, was to cover the OF JOHN ADAMS, 17! continent with carnage and desolation. The third annual panic arose in July, 1795, on the publica tion of Jay s treaty ; by democratical demonstra tion, the whole shipping of America was, in two years at farthest, to be annihilated. Nine months after, we found out that this very bargain was the best imaginable, and that nothing but an immedi ate acceptance of it could save our foreign com merce from extinction, This was in 1796. The periodical tremor of 1797, began by the recal of Adet from Philadelphia, the rejection of Pinckney at Paris, the torrent of French piracy that burst up on our navigation, and our consciousness of having, in some measure, deserved the vengeance of the Republic. Men of sense recollected the imper tinence of our Presidential speeches regarding France, the brutality of newspapers hired by Bri tish ambassadors,, and patronized by the federal party, and above all, the ever infamous desertion of our allies and benefactors, consummated by Jay s treaty. In 1798, America did, for once, assume an appearance of resolution. To meet the approach ing war, Congress voted for preparations to the amount of about fourteen millions and six hundred thousand dollars ; and after all this additional vor tex of debt, we discovered that the last annual alarm has been equally false with each of its pre decessors. The French were provoked to plunder, but they have hitherto refused to fight. " I now return to the tremor of 1787, by which the " government of your own choice," viz. the 172 THE ADMINISTRATION federal constitution, was crammed down the gullet of America. The first grand argument for adop tion was the danger existing from external conquest. This could only be attempted upon three quar ters : First, by the English, a people whom the Americans had just before beaten, and who, during that very period, were successively on the brink of war with France, Holland and Russia. Second, France might possibly have invaded this country ; but her exchequer was bankrupt, and she was of course incapable of righting. Third, Spain could have disturbed the United States, but her councils are always pacific. For the last hundred and fifty years, her vigor has been broken, and she has never once gone to war, but when kicked into it by the ambition of France or England. In short, at the time in question, the powers of Europe were occupied in plotting the destruction of each other > they had no leisure of thinking of America. Pat rick Henry and his friends, in the convention of Virginia, could not force Mr. Madison s majority to comprehend this very plain fact. The dread of for eign conquest was, in 1787, as ridiculous as that of witchcraft, for which Mr. Burroughs, once a parson of Salem, was hung by the Saints of the last cen tury." Mr. Callender urges, in ridicule, a number of other arguments America had for framing a new constitution : 1st. Rhode-Island (says he) refused to pay her share of the expence of the war or of taxes to discharge it. OF JOHN ADAMS. 173 2d. The advantages that Congress would pos sess over individual States, in framing commercial treaties with foreign nations. Mr. Callender admits that this motion was a plausible one, and the principal cause of the forma tion of the constitution. 3d. In order to pay the debts of the United States, which the Congress under the old confede ration could not pay. On January 1st, 1790, the domestic and for eign debt of the United States amounted, col lectively, to fifty-four millions, three hundred and sixty-two thousand dollars. The domestic debt had been a great source of gambling to the mem bers of Congress ; with a view, therefore, to con ceal their infamous traffic, they comprehended in the same statute a mass of debt due by individual States. With the same justice they might have in* eluded all the debts which are reciprocally due be tween private citizens ; the one measure would have been as regular as the other. To assist them selves in supporting this assumption of State debts, they authorized, on the 4th of August, 1794, a loan of twenty-one millions, five hundred thousand dol lars. The certificates of debts due by individual States, and which had been issued by them as pledg es to ther private creditors, were, under certain re strictions, to be received at the Federal Treasury as current cash, in part of the loan. Thus the Fede ral Treasury was to reimburse itself by recourse up on the individual states, for payment of these cer- 174 THE ADMINISTRATION tificates. The young government, therefore, wasr soon involved in a labyrinth of debt, which so far from decreasing, would, if the measures of the late administration had been pursued, accumulated to a sum our revenues never would have been adequate to defray. " Wherefore/* says Mr. Callender, " the prin cipal inducements to accept of the constitution of your own choice are proved by common sense or experience, to have been absolutely chimerical, and nothing better than hobby-horses. " In contradiction to what Mr. Adams affirms in his answer, it is established, that the present gov ernment, both in its origin and progress, has been, in every shape and s-ense, the government of a party ; and of a party that is, in many respects, very worth less. In opposition to the merit assumed by the President, as a promoter of domestic peace, it is established, that his measures multiply domestic discord ; and that the scandalous newspapers print ed under his influence, are so many trumpets sound ing to the charge of civil war. In addition to his inflammatory aspersions regarding French tribute, it is proved, that the United States are tributary to the Indians, to the Algerines and to the English." Mr. Adams expressed himself in the same man ner to an address from the Bostonians of the 7th of August, 1797, as he did to the New- Jersey militia. " The idea," says he, " of separating the people from a government of their own choice, can origi nate with none but enemies of republican govern- OF JOHN ADAMS. 175 inents. Such a project, were it practicable, would be a demonstration, that the people are not capa ble of such a government ; and by a sudden in troduction of wasting calamities, would soon con vince the people themselves of the necessity of in stituting another form for their own security and protection. The decided reprobation of such ne farious designs by the citizens of Boston and its vi cinity, will have a great effect in defeating them." The Bostonians may justly be considered to have been the Praetorian guards of John Adams, The homage of flattery which was first paid him by these citizens, was at length converted into a so lemn protestation of fidelity. Whenever he enter ed their town, a numerous cavalcade composed of horsemen and foot, of women and children, were accustomed to collect round his person ; to address him rather as the sovereign of the world than the President of the United States, and to adore him as a divinity and not as a man. His procession from Quincy, on the 17th of August, 1797, and the pompous parade displayed on this occasion, will long be remembered as a specimen of the ostenta tious dignity he was pleased to affect, and of thehon- ,/ ors which the folly of his countrymen allowed him. Perhaps the monarch of France never visited Ver sailles in greater state than Mr. Adams did Boston that day. At an early hour in the morning, a corps of cav alry, commanded by Captain Amory, marched to Quincy, and paraded before his door. From 176 THE ADMINISTRATION thence the President was escorted to the seat of his Excellency, the Governor, at Roxbury....a troop of girls dressed in white walked before him, and strewed the road with flowers and leaves of laurel. The citizens of Quincy led up the rear, bearing the American Flag, the Portrait of John Adams, and the Ensigns of Liberty. This numerous cavalcade was met on the road from Milton, and joined by the officers of the Boston regiment, in uniform, as also by a motley group of Bostonians, some in carriages, some on horseback, and others on foot, who were hurrying to pay their respects to the President. The increased multitude continued their rout to town, at the entrance of which they were welcomed by a federal salute from Captain Bradlee s artillery. At the ancient fortification they were reinforced by cadets, by artillery and by infantry, all commanded by devoted subjects to royalty. The line of march then continued to the centre of the city, amidst the welcoming huzzas of crow r ds of sycophants, and the smiles of bevies of ladies, who adorned the windows and displayed their charms to attract the fancy of the President. Having arrived at the Old South, Mr. Adams alighted, passed his escort in review, displayed his person for a few minutes to the admiring spectators, by walking on the balco ny of the old State-House, from whence he pro ceeded to the Senate chamber, where a procession was formed of the principal Officers of State, the Senators of State, the Judges, and the Members of the House of Representatives, who conducted OF JOHN ADAMS, 177 their Sovereign to partake of the pleasures which were prepared for his reception at Fanuiel Hall. This apartment was decorated throughout with trees and evergreen. At the bottom of the stairs, an arch properly supported, exhibited the Federal Constellation. At the head of the first flight, was the bust of "a patriot," irradiated in glory, motto, e The lustre of his Actions burns with triumphant brightness and spreads a glory round him." Over him an obelisk topped with the Omniscient Eye, motto, Fideles protego ; descending from which a Cherub extended a Garter, motto, sic itcr ad as- tra, presented the Palm and the Lartrd, and of fered them as Premium Virtutls. The second flight exposed to vie wan L T rn bearing these words, : To the memory of those brave men who have fal len in the cause of Liberty," and a Pedestal with hie manes ob patrium pugnando vidnera passl. At the entrance of the hall, Liberty in all her charms and emblems, held a scroll, seeming to breath its wish, <f Liberty, Peace and Happiness to all mankind." A festooned orchestra formed the entrance to the room, which was hung round with tapestry the most splendid which the States of New-England ever beheld. The decorations of columns, ribbons, wreaths and festoons were variously suspended and grouped to please the fancy of the eye and attract the crowd of flatterers whom Mr. Adams was to honor with his presence. Over his seat, which was elevated in the form of a throne, the arms of the United States were seen supporting a portrait of himself, to which Z 178 THE ADMINISTRATION was. affixed a satin curtain, and the following lines said to be the production of the Poet Trumbull: " First Advocate of Independence* cause ; First to defend Columbia s balanced laws ; First to oppose when Anarch s sons assail, A conscious, grateful people bid thee hail." Such was the pomp and parade that usually took place whenever Mr. Adams was pleased to compliment the inhabitants of Boston with a court ly visit. A striking specimen of the genius and character of these people, who affect to hold in contempt the innocent and sprightly levity of the citizens in the Southern States. It may be interesting to know how the Alien act, that powerful engine of tyranny which Mr. Adams so successfully wielded, was passed into a law. I shall, therefore, give an account of the pro portion of votes from each State in favor of the bill and against it. This act originated in the Senate of Congress, where it was read, for the first time, upon June 8, 1798. Humphrey Marshal, the poet, proposed an amendment of the second clause of the first sec tion. ...it was in these words : cc which order shall also express the cause of removal." Although noth ing could be more reasonable than this amend ment, it was rejected by seventeen votes against six. The votes were fifteen against eight on the passing of the bill. They stood thus : OF JOHN ADAMS, vJJS In favor of the Bill. New-Hampshire, 1 ; Massachusetts, 1 ; Rhode- Island, 1 ; Connecticut, 2 -, Vermont, 2 ; New- York, 2 ; New-Jersey, 1 ; Pennsylvania, 1 ; De laware, 2; Alaryland, 1 ; South-Carolina, 1. To tal 15. Against the Bill. Virginia, 2 - 3 North-Carolina, 1 ; Kentucky, 2 ; Tennessee, 2 ; Georgia, 1. -Total 8. It passed in the House of Representatives on the 21st of June, 1798, by forty-six votes against forty. Nineteen members were absent. For the Bill. New-Hampshire, 3 ; Massachusetts, 11 ; Rhode- Island, 2 , Connecticut, 7 ; Vermont, 1 ; New- York, 5 ; New-Jersey, 4 ; Pennsylvania, 4 ; Del aware, 15 Maryland, 4; Virginia, 1 ; North-Ca rolina, 1 y South-Carolina, 2. Total 46. Against the Bill. Massachusetts, 1 ; Vermont, I ; New-York, 2 ; Pennsylvania., 6 ; Maryland, 3 ; Virginia, 11 ; Kentucky, 2 ; North-Carolina, 8 ; Tenessee, 1 $ South-Carolina, 3; Georgia,. 2. Total 40. From wlience it appears evident, that the pass ing of the Alien act was entirely owing to the New- England faction. Not one Senator from these States / voted against it, and only one Representative out of twenty-four who were present. On the contrary, eleven members from Virginia out of twelve who at tended the House, exerted every effort to oppose 180 THE ADMINISTRATION the bill. In the Senate, there were 14 members j to the north of the river Potowmac, every one of whom supported it. Of the nine members to the south of that river,, two voted for it and seven against it. John Langdon, Senator from New-Hampshire, was absent at the passing of the bill. This is one of the few honest men whom New-England has sent to Congress. During the revolution his services were conspicuous ; a firm adherence to republicanism has been a constant and uniform trait in his character ever since. But Mr. Lang- don, like most other virtuous men, had the mis fortune to incur the displeasure of Mr, Adams. The following letter which this Senator wrote to Samuel Ringold, of New-Hampshire, previous to the election of Mr. Jefferson, unfolds sufficiently his own principles as well as those of the Presi dent. It is one of those precious morsels of politi cal information w^hich deserves a place in every publication intended to record the vices and views of the late administration. " Portsmouth, October 10, 1800. " DEAR SIB, " Your agreeable favor of the 4th instant has this moment come to hand ; I am greatly rejoiced to see gentlemen of property and influence coming forward at this eventful moment in the common cause of our country 5 I have no doubt we shall yet be saved. OF JOHN ADAMS. 181 <c I am now packing my baggage, shall set out in the stage to-morrow morning for the city of Washington ; hope to be in Baltimore the begin ning of next month ; this prevents me answering your letter so fully as I could wish, having only one moment to spare. " In the conversation held between Mr. Adams, Mr. Taylor and myself, Mr. Adams certainly ex pressed himself (as far as my memory serves me) in the very words mentioned in your letter, viz. / that he hoped, or expected to see the day when Mr. Taylor, and his friend Mr. Giles, would be convinced that the people of America would not be happy without an hereditary Chief Magistrate and Senate, or at least for life. " Believe me sincerely, " Your obedient servant, "JOHNLANGDON. " SAMUEL RINGOLD." It may be remembered that Mr. Callender re quested time might be granted him to serve a sub poena on Mr. Langdon, as also on several others, whose evidence he believed would sufficiently prove the most material of his charges against Mr. Adams. But this necessary postponement, which would have shewn the President in his proper colours, was peremptorily refused by the Federal Court. This circumstance, and the conduct of Judge Chase on that occasion, shall be more par ticularly investigated when we come to narrate the trial of Mr. Callender. I 5 J THE ADMINISTRATION* JfTr. Langdon, to his other virtues, adds thafr cf a charitable and generous mind. ...few of his countrymen possess this virtue in an equal degree. Inattentive to the spirit of party and political in trigue, his principal study and greatest ambition are to reward industry and obtain the applause of good men. On all occasions he has stood forth and exerted himself in the cause of the distressed and injured citizen. In short, which ever way we view Mr. Langdon, we find him fertile in every great and good qualification. Leaving Mr. Langdon, we enter a barren waste when we venture to explore the characters of the other Senators from New-England. Theodore Sedgwick, of Massachusetts, and James Hillhouse, of Connecticut, were the prin cipal authors of the Alien and Sedition Acts ; they also voted for Hamilton s plan of funding the do mestic debt. A transaction more detestable than this scheme can hardly be conceived, when it is known that both these men had made considerable purchases in the certificates of the old army. Foster, of Rhode-Island, is one of the weak est men in the United States. He voted, if we may believe his friends, for the plans of the Pre sident, without comprehending their tendency or import. His constituents, who sent him to Con gress, and who were acquainted with the narrow extent of his talents, ought only to be censured. Elijah Paine, from Vermont, presents a char acter of a different complexion. He displays on X)F JOHN ADAMS. 183 | every occasion, a natural fiergrsness which it is im possible to temper or disguise. Though a stranger to real wisdom, he is possessed both of selfish cun ning and a talent for intrigue. He can threaten or cringe to his opponents as circumstances require ; but in general, his behavior borders on rudeness, and his oratory is savage in the extreme. Uriah Tracey may be regarded as the Burke of Connecticut. Though neither possessed of the talents, the erudition, or the splendid eloquence of that British Senator, he rivals him in anti-jaco bin abuse and vindictive declamation asrainst the O French nation. He would wade up to the knees in blood to extirpate the republicans of France. He has declared in Congress, that if he had his wish, he would arm every man, woman and child in America against every man, woman and child in France. These were not words uttered in the heat of passion, in the unthinking moment of pleasure, or over the intoxicating fumes of Brain- tree claret ; they were pronounced in a solemn ex hortation to the Senators of the United States, and accurately recorded by Mr. Lloyd, the Steno grapher, who was present. Mr. Bingham, of Philadelphia, Senator for Penn sylvania, is a merchant of immense property, a high-flying Federalist, and devoted to the British interest. He is ambitious of being thought a man of science and a lover of the arts, but no man ha> less claim to these pretensions than Mr. Bmdiam. The ability of reading his own language,, ai.d -f ill- 184- THE ADMINISTRATION reeling the clerks of his counting-house, constitutes his whole stock of learning. Although the virtues of honesty and a generous heart are not the most conspicuous traits in his character, yet he was the friend of Mr. Adams and companion to the am bassador Liston. The charges which have been adduced against James Ross, the colleague of Mr. Bingham, are too numerous to admit of insertion in their full extent. I shall only briefly specify those^ the truth of which even his friends are compelled to allow. This Senator voted, in the convention of Penn sylvania, on the 2d of February, to strikeout of the constitutional regulations about holding offices, the words " who acknowledges the being of a God, and a future state of rewards and punishments. He staid away from the Senate without any cause for nineteen weeks and four days, so that Pennsylvania, which had only two votes in the Senate, was left with no more than one vote in that body. (Journal of the Senate, January 8, April 26, and July, 1798.) By this means he escaped the odium of voting for the Alien and Sedition bills. Mr. Ross voted for the British treaty ; for in creasing the salaries of the officers of government when the people were groaning under the weight of new taxes; he voted also for a standing army. At the table of Messrs. Hollines and Rainey, merchants, at Philadelphia, when " The Consti tution of the United States" was given as a toast, he left the room, OF JOHN ADAMS. 185 Mr. Ross has been proved to be a Deist. ...see a letter from Mr. Jones, late chaplain to General Wayne, inserted in the Aurora, 1st October, 1797. General Lloyd, of Maryland, is the last of the Federal Senators I shall at. present remark. This man, in the year 1799, entered into a contract with the Secretary of the Navy to furnish staves to the amount of 1500 dollars ; he received the money In hand and engaged to send the staves as soon as he got home, A twelvemonth elapsed and no staves came to hand ; upon enquiry being made, it was discovered that General Lloyd possessed no wood fit for that purpose. The money was never return ed, but the honest general was compelled, by the present administration, to give a bond for the sum, bearing interest. The Senators who opposed the bills were char acters very different. Mr. Henry Tazewell, and General Mason, of Virginia, were of this party. I cannot represent these men in juster terms than Mr. Callender has clone. " Mr. Henry Tazewell/ says this writer, " was too honest to be purchased, and too firm to be bullied; too watchful to be sur prised, and too shrewd to be deceived. This gen tleman was long an effective antagonist to the stratagems of Senatorial deceit, and the brutality of Senatorial despotism." " With an happy temper, an invulnerable char acter, an independent fortune and an amiable fa mily ; with every physical and moral circumstance about him which can provoke the envy, or chal- Aa THE ADMINISTRATION lenge the esteem of mankind, General Mason has -presented an object of calumny for a set of mis creants whom his good sense obliges him to de spise, but whom his good nature will hardly suffer him to detest. Without parade or effort, his pa triotism flows, like a natural fountain, from the sweetness and rectitude of the primitive elements of his mind. Had the majority of the Senate voted and acted like General Mason, this country, to borrow the language of Demosthenes, might have escaped from an Iliad of misfortunes" Of the twenty-six Representatives from New-* England,only three made a figure, or even were heard of during the revolution. These were General Shep ard, General Varnum and Gerferal Skinner. General Varnum was the only member who voted against the Alien bill. General Skinner was not present, or most probably he would have acted with the same patriotism. As for General Shepard, who voted for it, his best friends allow his only merit consists in that species of personal courage which fits the mercenary assassin, but becomes not the republican soldier. ...Shepard could fight with the same cou rage in the cause of despotism as in that of liberty. Strong in body but weak in intellect, he only ap preciates those qualities wHich characterize the barbarian ; while he holds in ridicule the more gen erous virtues which adorn the mind and enlarge the understanding of the civilized patriot. In short, nature could not, without difficulty, produce a be ing more ignorant and wretched in point of rea soning, than this New-England General. OF JOHN ADAMS. Mr. Samuel Sewall, of Massachusetts, was con sidered a tory during the revolution. He figured in the Bankrupt list, and has therefore little to fear from the worst misfortunes that can befal his. country. When he attempts to speak, his inso lence and virulence of expression are unequalled by the billingsgate of the lowest miscreant who bawls at Westminster for royal favor. But his char acter being known, his efforts are disregarded, and his inflammatory jargon suffers a merited contempt. Dwight Foster, member from the same State, was also a tory. This man being conscious of his. own weakness, seldom speaks but when he lisps an unmeaning sentiment in honor of John Adams at some federal hall of riotous, debauch. Sloth and, indolence, or a game at cards, are his favorite amusements. His hatred to the French is report ed principally to proceed from the lively sentiment in discourse which distinguishes that nation, and which by no means accords with the phlegmatic humor of Mr. Foster. John Allen, of Connecticut, is as remarkable for the uncouth and vulgar extravagance of his ex pressions, as he is for his tall hectic appearance. He has declared in a public assembly, that the fe^ deral constitution was not worth a damn, and that he would be glad to give it a kick. He gave up his seat in Congress for the sake of being chosen into the Assembly of Connecticut ; but his behav ior, when a Representative, disgusted even the federalists, and he was overpowered by a repub* 188 THE ADMINISTRATION lican candidate, which circumstance, it is had such an effect upon his nerves, as almost to de prive him of the weak and tender capacity of rea soning which he formerly possessed. Mr. George Thatcher, member also from Mas sachusetts, when in the third Congress was almost never known to open his lips. At that time he supported the character of a reasonable man ; bat observing that silence was not the way of gaining the favor of the President and advancing in the list of preferment, he studied for a whole summer the art of anti-jacobin declamation with such success, that he delivered in the Congress after, a thunder ing speech, intending to prove that Barras was either msd or drunk, when he, made his farewell address to Mr. Monroe. His friends were astonish ed at his powers, and dignified him with the title of the American Barras. Malice, however, who sheds her venom upon the best of characters, accounts for this rapid and remarkable change in the manners of Mr. Thatcher by the powerful attraction of British gold, and even hints at a promise from the ambas- sadorListon, if Blount sconspiracy had taken effect. But it is much more probable that the love of vani ty and applause, and a desire to rise in the estima tion of -Mr. Adams, were the principal motives which induced this New-England member to pass from the humble path of reserve and decency into the boisterous ocean of noise and petulance. Harrison G. Otis is another member from the royal state of Massachusetts, who laboured with OF JOHN ADAMS. all the trick of a quibbling attorney, to get the Alien bill passed into a law. This man is not entirely divested of fancy, but he is a stranger to argument, and unacquainted with the virtues of truth and candor. The interest of British merchants, it is reported, procured him to be one of the direc tors of the bank of the United States, and several pecuniary favors which he has granted these gen tlemen in return, prove that he possesses, in an eminent degree, the qualifications of gratitude and a bountiful heart to his friends. He is neither de void of filial affection, if we may judge from his petty manoeuvres to procure an addition of two hundred dollars to the salary of his father. But the fear which he expresses of Frenchmen, and his hatred at Irishmen, are the two striking character istics of his mind. In the summer of 1798, he so much dreaded a French invasion, that it is said, he would have removed into some of the back settle ments had it not been for the persuasion of Dwight Foster and George Thatcher. No man, says Mr. Callender, can be more ambitious to be the scaven ger of his parry than this calumniator of the Irish nation. Mr. Otis has since obtained his wish, for no man is more employed in rallying and collecting together the scattered dregs of federalism than Har rison G. Otis. The late Mr. Josiah Coit, of Connecticut, who voted both for the Alien and Sedition bills, wished at first to be considered impartial ; but on this ac count he was attacked with the utmost fury by the 19O THE ADMINISTRATION 1 Treasury newspapers. William Cobbett railed at him under the name of the Connecticut Bear ; Tim othy Pickering used to say, a doubtful friend was. more dangerous than a professed enemy, and so was Mr. Coit ; Mr. Adams said he never wished to keep his mouth shut but in the presence of Mr. Coit. To do away these prejudices which Mr. Coit perceived the federal faction possessed towards him, he made a long and violent invective in Con gress against Mr. Jefferson, and afterwards voted for every measure the President desired. Such were the characters of the principal lead ers of the New-England faction, who ushered in to existence the Alien bill and gave a stab to the independence of America which will be long felt and remembered. I shall now slightly trace a few of the Federal Representatives in the other States, who were no less active in promoting the power of the President and infringing upon the rights of the people. General, Williams, of the State of New-York, stands first in the list of these Federalists. This man, in the early period of his life, was for several years tumbler to a Quack Doctor, who trav elled through the United States, vending his nos trums. In these itinerant speculations, Gen eral Williams, who is remarkable for activity and strength of body, used to carry upon his shoul ders all the stage apparatus and several chests of medicine. When the revolutionary war broke out he enlisted in the army, and by his valor more OF JOHN ADAMS. 191 than his honesty, rose to the rank he now holds. In 1116, he was elected a Senator from the State of New- York, but was expelled two years afterwards for the crimes of perjury, forgery and corruption, as may be seen by the Journals of that Assembly** * The following are the charges which were preferred against him by the Senate of New-York, on the 24th of October, 1778 : I. That John Williams, Efq. has ordered regimental courts martial, for the trial of persons upwards of fifty years of age t and others ; and for offences not cognizable before any court martial of the militia, authorized by the law of this state, ia which case the supposed delinquents have been fined in different sums, from four shillings up to thirty pounds ; and that in con sequence thereof, their personal property had been distrained and sold at an under value, to their great loss and impoverishment, and without being duly convened at such court martial, and furnished with an opportunity of defending themselves. 2d. That Lieutenant-Colonel Webster, of the said John Wil liams s regiment, was not only not consulted about the appoint ment of such courts martial, but was never appointed or request ed by the said John Williams, to sit in, or attend at either of them ; although the said John Williams had frequent and ready admis sion at the said courts martial. 3d. That he not only subjects persons, by means of such pe cuniary punishments as aforesaid, to heavy forfeitures, but also., for effectually levying them, threatens many of the inhabitants of the county to try them for their lives, unless they submit to the penalties imposed by such courts martial as aforesaid ; declaring, to their great distress, that he has it in his power to strip them of all their property. 4th. That he has made false abstracts for the militia, who have been in actual service under him, whereby he has, to the pre* judiceof the continent, received much greater sums than it was ever conceived were due to such militia; and has withheld 192 THE ADMINISTRATION The federalists exclaim against the private characters of those men who figured in the Nation al Assembly and Convention of France ; while they pass over in silenee the vices of their own par ty. But let them examine the life and actions of from persons belonging to his regiment, pay that was actually due them, and received by him for their use. 5th. That in the trial of sundry persons, before such courts martial, as aforesaid, for supposed offences, he has caused the said courts to enquire into facts, which, if they ever happened, must have been perpetrated long before the militia law took place ; thus making a law, which was only intended to apply to cases posterior in their occurrence to the law itself, have retrospect to facts, which if real, must have occurred before the passing thereof. 6th. That when the continental troops abandoned Ticonde- roga, and retreated from the enemy, and they advanced into the country, he sent one Jonathan Baker to Major Skeene, in the: enemy s service, and furnished him with hard money to bear his expences ; that Baker returned from Major Skeene with a mani festo and proclamation from General Burgoyne, calculated to en force the submission of the inhabitants ; which manifesto and pro clamation were brought into the committee and by them sup pressed. yth. That afterwards, when the enemy had advanced as far as Fort Ann, and the danger of the inhabitants thereby increased, he called the people of his regiment together, and told them they must take care of themselves, intimating thereby his declining to command them ; and that afterwards, having collected them in his barn, he told them they had but one of three things to choose, to wit, either to fly for their lives, or take up arms and fight the enemy, or submit to them and take protections. And that after wards, when Captain M Crocker, a continental officer, arrived on the spot, he, the said John Williams, abandoned the command of his regiment to the said officer. (Page 136, Journal of the Senate of the State of New-York, fpr 1778.) OF JOHN ADAM3. this beloved friend of Mr. Adams, an ?t^ them with the deeds of the blackest ja ever graced the bloody list of Robespier ^nd they will find that General John Williams is infinitely their superior in perfidy and low chicanery. It is inconceivable how this man ever, came to be elected a member of Congress, or how the House of Representatives suffered him to profane their presence > unless we suppose that an interval of time had cast a shade over his villainy, and that in the dearth of honesty the rogue crept in. On the 28th January, "1779, General Williams, after a full investigation of these charges, was found guilty of those contain ed in the 2d and 4th articles, and in some instances, of those in the 1st article. (Page 159, Journal of the Senate.) On the 8th of February, 1779, he was expelled by the following minute : (Page 1 66, Journal of the Senate.) The crimes of which John Williams, Esquire, stands adjudged by the resolutions of this Sen ate, of the 29th of January last, holds him upas entirely destitute of integrity, evidenced by his unjust misapplication of military au thority, Jiis flagrant peculation on the United States of North America, his dishonest attempts to deprive the militia under his command of their just pay, and his after attempts to cover his in justice by undue applications of a great pa?t of the monies which he had received from the pay ofllce of the said United States, up on false and fraudulent pay abstracts, fabricated and attested by himself. In this accumulated and just view of his conduct, he appears to this Senate, wholly unworthy to represent the good people of this State in the dignified and important place of a Sena-, tor thereof. Resolved, therefore, that the said John Williams, Esquire, be, and he is hereby expelled this Senate. Bb TH E ADMINISTRATION n Dayton, of New- Jersey, the late Congress, is notorious from Boston to <j-^ujg-ia. The deeds of the other members of Con gress were scarcely known beyond the circle of their respective States, but the speculations of this Kian have rung throughout the western world. They are unfolded in sixteen letters to one Francis Childs, which were made public by a bill of complaint which Dayton and one Lawrence presented to the Chancellor of New-York, against Childs. The let ters will speak for themselves ;* for any comment * ,To the Honorable Robert R. Livingston, Esquire, Chancellor of the State of New-Tor L The bill of complaint of Jonathan Hampton Lawrence and Jonathan Dayton, humbly complaining, shew unto your honor, your orators, Jonathan H. Lawrence and Jonathan Dayton, of the City of New- York, merchants, trading and using commerce, together with Francis Childs, under the style or firm of Law rence, Dayton and Co. That some time in or about the thir teenth day of May, in the year of our Lord one thousand seven, hundred and ninety-fix, the said Francis Childs and a certain Wil liam Denning, junior, applied to your orators, to endorse two promissory notes for them ; the one drawn by the said Francis, Chiids,for the sum of eighteen thousand eight hundred and ten dol lars, the other drawn by the said William Denning, junior, for the sum of six thousand six hundred dollars, both dated on the said thirteenth day of May, in the year lail aforesaid, and payable, with interest, in eighteen months after date ; and your orators shew, that in compliance with such request, they endorfed the said notes, with their said firm, and delivered the same to the said William Denning, junior, and Francis Childs. And your orators shew, that the said several promissory notes were deliver ed by the said Francis Childs and William Denning, junior, to a certain Thomas Marston, in purfuance of a colorable agreement OF JOHN ADAMS. 195 upon such a scheme would only tend to render stale and less flagrant the rascality of the transaction. Some crimes are so horrible in their nature as will not endure the lash of censure, and the actions of for the sale of land-office warrants ; which, as your orators are informed by the said William Denning, junior, was an usurious., agreement, for the loan of money at an interest greatly exceed ing the interest of seven per cent, per annum. And that the jaid notes were made and given by them, and received by the said Thomas Marston,,to secure the said -sum, and the illegal and usu rious interest thereof, contrary to the form of the statute, in such case made and provided ; whereby your orators are advised, the said several notes are void and of no effect. And your orators further shew, that at and for some considerable time after the said thirteenth day of May, one thousand seven hundred and ninety-six, the said Francis Childs, and the said William Denning, junior, f were and continued to be solvent; but that your orators did not pay the said notes and endorsements, to secure themselves against the said endorsements by suits against the said William Denning and Francis Childs, they being assured by the said William Den ning, junior, that the said corrupt agreement could be proved by evidence in his possession, and that the said evidence should be produced ; the said William Denning, junior, having formally for bidden your orators to pay the said note, on the ground of such corrupt agreement. But now, so it is, may it please your honor, that the said Francis Childs, and William Denning, junior, having become insolvent, the said Thomas Marston, delayed commencing any prosecution against your orators, until the said William Den ning and Francis Childs became insolvent ; but about a year af ter the said notes became due, commenced a suit in the Supreme Court of this State, against your orators, as endorsers of the said several notes. And the said Francis Childs and William Denning* well knowing their inability to pay the said notes, in case they should be taken up by your orators, but combining and confede rating themselves, to and with the said Thomas Marston, and to 196 THE ADMINISTRATION Dayton are of this class. Mr. Callender says there appears to be something about this Federalist which even treachery cannot trust. Four members from Pennsylvania voted for the and with divers other persons, at present unknown to your orators, whose names, when discovered, they pray may be inserted in this their bill of complaint, with proper and apt words, to charge them as parties thereto, in this respect, how to injure and aggrieve your orators, refuse to produce the testimony of the original agreement and consideration for the said notes ; and the said Thomas Mars- ton refuses to discover whether any, and what sums of money was left in his hands, by the said Francis Childs or William Denning, junior, or either of them, which ought, inequity, to have beeiven-. dorsed as a payment thereon. All which actings and doings, of the said confederators, are contrary to equity and good conscience, and tend to the manifest injury and oppression of your orators. In tender consideration whereof, and forasmuch as your orators are wholly remediless in the premises, by the court rules of the com mon law, the said suit being now pending against them, and your said orators being unable to plead, on account of the want o such precise information of the evidence of the said original agreement as the said confederates possess, but which they now refuse to communicate, and that the rather, as the information relative to .such evidence, together with the delay in bringing the said suit, tended to prevent your orators from securing themselves against the said endorsements. To the end, therefore, that the said Tho mas Marston, Francis Childs, and William Denning, junior, and the rest of the confederators, when discovered, may, upon their several and respective corporeal oaths, true, full, and perfect an swer make, to all and singular the premises, in as full and ample manner as if the same were here again repeated, and they thereto interrogated. And that the said suits at law, against your ora* tors, may be enjoined, and that they may have such farther and other relief, as to your honor shall seem meet, and be agreeable to equity and good conscience. May it please your honor, to grant OF JOHN ADAMS. 197 Alien act ; and Mr. Hartley, who was then ab sent, voted for the Sedition act. Mr. Bayard, from Delaware, is an avowed aristocrat, an unblushing advocate for political vOrruption, and a man whose life has been dedica ted to the most unworthy pursuits. unto your orators, the most gracious writ of the people, of injunc tion to the said Thomas Marston, his attornies, counsellors, soli citors and agents, and every of them, to be directed, thereby com manding them, under a certain pain, therein to be expressed, ab solutely to desist from further prosecuting the said suit at law against your orators, until the said defendants shall have fully an swered this bill, and your honor shall make other order herein to the contrary. And may it also please your honor, to grant unto your orators, the most gracious writ of the people, of injunction to the said Thomas Marston, Francis Childs, and William Den ning, junior, and their confederates, when discovered, command ing them and every of them, at a certain day and under a certain pain, therein to be expressed, to be and appear before your honor, in this honorable court, to answer all and singular, and to stand to perform and abide such order and decree therein, as may be agreeable to equity and good conscience ; and your orators will ever pray. J. H. LAWRENCE. Sworn this second day of June, iSco, before me, JAMES M. HUGHES, Master in Chancery. I certify that I have perused the within bill, and in my opin- on a writ of injunction ought to iflue, agreeably tp the prayer thereof, the suit at law not being at issue. JAMES M. HUGHES, Master in Chancery. Dated 2d June, 1800. I certify the preceding to be a true copy of a bill filed in my July 5, 1800. ISAAC L. KIP, Clerk of Chancery, 198 THE ADMINISTRATION William Craik, of Maryland, was originally a man of some moderation, and possessed of a consi derable share of political knowledge. By both parties he was heard with deference and respect * Answer of T. Mars ton to the above Complaint. State of New-York, 7 Court of Chancery, 3 The several answers of Thomas Marston> defendant^ who if impleaded with Fran* cis Childs and William Denning, junior, to the bill of complaint of Jonathan H. Law rence , and Jonathan Dayton* complainants + IN CHANCERY. This defendant,, now, and at all times hereafter, saving and reserving to himself all, and all manner of benefit, and advantage of exception, that may be had or taken, to the many errors, un certainties, and manifest insufficiencies, in the complainants said till of complaint, contained for answer thereto, or unto so much thereof as this defendant is advised is material or necessary to make answer unto, he answereth and saith, that some time in the month cf April, or the beginning of May, in the year of our Lord one thousand seven hundred and ninety-six, this defendant holding certain land-office warrants, he was applied to by Francis Childs, named in the said bill of complaint, through his agent, George Knox, to sell the same warrants to him ; that this defendant agreed with the said agent to sell the said warrants at and after the rate of fifty-five dollars for each hundred acres ; that the number of warrants amounted, as near as this defendant can recollect, ta four hundred and sixty-t\vo, covering in the whole forty-six thou sand two hundred acres of land. And this defendant further saith, that the amount of the consideration to be given for the said warrants, was twenty-five thousand four hundred and ten dollars ; and that the same this defendant agreed to accept in notes, pay able within eighteen months, with lawful interest ; and this de fendant further answering, saith, that on the thirteenth day of May, in the year of our Lord one thousand seven hundred and OF JOHN ADAMS, 199 "but this did not please Mr. Adams, and a friendly hint was given to him by Secretary Pickering that neither praise nor profit could be got by such con duct. ninety-six, the agreement for the sale of the said land-office war rants was completed, and, as near as he can recollect, he deliver ed the said warrants to the said agents, or a clerk of the said Francis Childs, and at the same time, this defendant received a promissory note, dated the said thirteenth day of May, in the said year one thousand seven hundred and ninety-six, made by the said Francis Childa, in favor of Lawrence, Dayton and Co. for the sum of eighteen thousand eight hundred and ten dollars, payable in eighteen months, with interest, which note was endorsed by said Lawrence, Dayton and Co. to William Denning, junior, and by the said William Denning, junior, endorsed to this defend ant. And this defendant further saith, that for the residue of thd said consideration for the said warrants, he received one other pro missory note, bearing date the said thirteenth day of May, in the year one thousand seven hundred and ninety-six, made by the said William Denning, junior, in favor of Lawrence, Dayton, and Co. for the sum of six thousand, six hundred dollars, payable iti eighteen months, with interest, which note was endorsed by thi said Lawrence, Dayton and Co. to this defendant. And this defendant further saith, that the said agreement for the purchase of the said land-office warrants, as aforesaid, was an honest and bona fide transaction, and not a corrupt or usurious agreement ; neither are the considerations expressed in the said promissory notes, usurious or illegal ; neither were the said notes given for the loan of money, at an interest exceeding the interest of seven per cent, per annum ; but the same were given, to secure to this defendant the payment of the amount of the consideration money, agreed to be given to this defendant, for the said lancl- affice warrants, and for no other purpose. And this defendant further answering, saith, that some time after the said notes be came due, he caused a suit to be instituted in the Supreme Court 200 THE ADMINISTRATION For the speculations of General Morgan, of Virginia, I must refer the reader to Captain Ste- phenson s printed letters. Morgan held an office in the Pittsburgh expedition, and shared very deep- of Judicature of this State against the complainants Upon the? Said note ; that as this defendant hath been informed by his at torney, and which information he believes to be true, in such suit it was plead in abatement of the same, that the said Francis Childs was their partner; and thereupon the said suit was discontinued and the suit alluded to in the complainants bill of complaint, in stituted, and is now depending. And this defendant further saith, that he has not received at any time, either from the com plainants, the said Francis Childs, or the said William Denning, junior, any payment whatever, on account of the said notes, or cither of them ; but that the sum of twenty-five thousand four hundred and ten dollars, the amount of the said notes, with the lawful interest thereon, from the said thirteenth day of May, in the year one thousand seven hundred and ninety-six, is now justly due this defendant. And this defendant humbly insists, that the allegations of the said complainants, in their said bill of com plaint, are mere pretexts, to avoid paying a just debt. And this defendant further saith, that as the agreement for the sale and de livery of the said land-office warrants, was a verbal one, from the length of time elapsed, since the making of it, he cannot from his recollection, set forth any further or more relating thereto, than what he hath already done, in this his answer. And this defend ant further saith, that he denies all, and all manner of unlawful combination and confederacy, wherewith he is charged, without that there is any other matter, cause or thing,in the complainants* said bill of complaint contained, material or effectual in the law, for this defendant to make answer unto, and not herein and hereby well and sufficiently answered, avoided, traversed, or denied, is true, to the knowledge and belief of this defendant, all which mat ters and things this defendant is ready and willing to aver, main tain, and prove, as this honorable court shall direct ; and humbly OF JOHN ADAMS. 201 ]y in the profits of that job. Want of health pre vented liis attendance when the Alien and Sedition bills passed, or he would, without any hesitation, have voted for the royal pair. prays to be hence dismissed, with his reasonable costs and charges in the law, in this behalf, most wrongfully sustained. THOMAS MARSTON. Sworn the 1st of July, 1800, before THOMAS COOPER, Master in Chancery. Answer of Francis Child.?, &V. State of New-York. 1 In Chancery. j The several answers of Francis Ck JJs, de fendant^ who is tmphaded ivlth Thomas Miirston and William Denning, junior, to tLs bill of complaint of Jonathan H. Law rence and Jonathan Dayton, complainants. This defendant, saving to himself, now, and at all times hereafter, all, and all manner of benefit, and advantage of excep tion, that may be had or taken, to the many untruths, errors, uncertainties, and manifest insufficiencies, in the complainants* said bill of complaint, contained for answer thereunto, or unto so much thereof as this defendant is advised is material or neces sary for this defendant to make answer unto, he answercth and saith, that some time previous to the thirteenth day of May, in the year of our Lord one thousand seven hundred and ninety-six, this defendant and the complainants, Jonathan H. Lawrence and Jonathan, Dayton became partners in trade, under the firm and style of Lawrence Dayton, and Co. That the said Jonathan Dayton was then Speaker of the House of Representatives in Congress, and resided, at that time, in the city of Philadelphia ; and from his situation in public life, well knowing the advan tages which would result from speculating in land-office warrants^ projected a speculation, and wrote to this defendant, in the city 9f New-York, to purchase a quantity of paper of thai duscrip- C c "502 THE ADMINISTRATION James Machir is a Scots tory, and cautiously ^withdrew himself to the country before the bills were brought forward. Thorn:!.) Evans, also of Virginia, voted for tion ; that thereupon, this defendant learning that Thomas Marston, of the city of New-York, gentleman, had a number of land-office warrants to dispose of, this defendant applied, by his agent, to the said Thomas Marston, for the purchase of the said warrants, which were in number four hundred and sixty-two. And this defendant agreed with the said Thomas Marston, to allow for the same, tit and after the rate of fifty-five dollars for each hundred acres of land contained in the said warrants, to be paid within eighteen months, with interest. And this defendant further saith, that the said warrants were to and did actually cover forty-six thousand two hundred acres of land. And this de fendant further saith, that at the time the said speculation was on foot, he communicated the same to the said Jonathan H. Law rence, who expressed a wish to be concerned therein ; that there upon this defendant wrote to the said Jonathan Dayton upon the subject, who approved of the said Jonathan H. Lawrence being concerned in the said speculation. And this defendant further saith, that William Denning, junior, of the city of New-York, also knowing of the said speculation, did apply to this defendant, to let him, the said William Denning, junior, into a share of the said purchase and speculation ; that thereupon this defendant consulted with the said Jonathan H. Lawrence, who was, the ticking partner of the house of Lawrence, Dayton and Co. and who consented to the said William Denning, junior, becom ing interested in the said purchase and speculation with them. And this defendant further answering, saith, that he, immediate ly thereafter, by his said agent, concluded the said agreement with the said Thomas Marston, and informed him that the said William Denning, junior, was to be concerned with this defend ant, the said Jonathan H. Lawrence and Jonathan Dayton, in the said purchase. And this defendant further answering, saith, OF JOHN A DAW?. 20$ both, and defended them in a pamphlet, the style and language of which were not ill adapted to the dignity of the cause he had undertaken. Mr. Grove was the only member from North- that in order to secure to the said Thomas Marston, the payment of the consideration money, agreed to be paid to the said Thomas Marston, for the said warrants, at the time aforesaid, and at the rate aforesaid, amounting in the whole to the sum of twenty-five thousand four hundred and ten dollars, this defendant, in conse quence of a previous understanding between him and the said Jonathan H. Lawrence for that purpose, and at his request, did* on the thirteenth day of May, in the year one thousand seven hundred and ninety-six, make a certain promissory note to Messrs* Lawrence, Dayton and Co. payable to them, or order, in eigh teen months after date, for the sum of eighteen thousand eight hundred and ten dollars, with interest, (that sum being the amount of the said warrants which fell to the share of Lawrence, Dayton a-vl Co. on such purpose) which note was endorsed by the said Jonathan H. Lawrence, for Lawrence, Dayton and Co. to the said William Denning, junior, and by the said William Denning, junior, endorsed to the said Thomas Marston. And. this defendant further saith, that for the residue of the conside ration money for the said warrants, the said William Denning, junior, did make a certain other note to the said Lawrence, Day ton and Co. payable in eighteen months, for the sum of six thou sand six hundred dollars, with interest (that sum being the amount of the said warrants, at the rate aforesaid, which fell to the share of the said William Denning, junior) which said last mentioned note was endorsed by the said Jonathan H. Lawrence, for the said Lawrence, Dayton and Co. to the said Thomas Marston. And this defendant further saith, that said notes being thus drawn, endorsed and delivered to the said Thomas Marston, the said land warrants, at the same time, were delivered by the said Thomas Marston to a clerk of this defendant, and this de fendant delivered the same to the said Jonathan H. Lawrence? 204 THE ADMINISTRATION Carolina who supported these bills. This man, to use the words of Junius,is only " the Punch of the puppet-show, to speak as he is prompted by the chief juggler behind the curtain." and who, to the best of this defendant s recollection and belief, entered the same, or such parts thereof as belonged to the said Lawrence, Dayton and Co. in the books of the said company, and delivered the same, which fell to the share of the said Wil liam Denning, junior, to him. And this defendant further saith, that he is informed that the said William Denr.ing, junior, some short time after, sold and disposed of the said land warrants which fell to his share, to a profit ; and that the said Lawrence and Dayton, though not for the benefit of Lawrence, Dayton and Co. located a part of the said warrants which fell to their share, on lands of an immense value. And this defendant further an swering, saith, that the said agreement, for the said purchase of the said land warrants, was not a corrupt or usurious agreement ; neither were the considerations expressed in the said nctes usuri ous or illegal ; neither were the said notes given for the lean of money, at an interest exceeding the intereft of seven per cent, per annum ; but the same were given to secure to the said Tho mas Marston the consideration money to b* paid for the said ivarrants, which were purchased upon good faith, and a fair transaction. And this defendant further saith, that the said note, so as aforesaid drawn by this defendant, was not for his Own private benefit or account, but on account of the said Law rence, Dayton and Co. And that before and since the filing of the said bill of complaint, the said Jonathan II. Lawrence has acknowledged the same to this defendant. And this defendar/c further saith, that before the said notes became due, he went to Europe; and that before he went to Europe, conceiving himself not separately answerable for the payment of the said note eo drawn by him as aforesaid, lie never made any arrangements for the payments thereof when the same became due ; but this de fendant saith, that when he went to FAiropc, he left in the hands OF JOHN ADAMS. 205 The members from South-Carolina who voted for the Alien and Sedition acts, were Thomas Pinck- ney, Robert G. Harper and John Rutledge. The political character of Harper is well known ; of the said Jonathan H. Lawrence and Jonathan Dayton, per sonal property sufficient to have paid his proportion of the said. notes, which property might easily have been turned into money, and the notes paid off and discharged, had the said Jonathan H. Lawrence and Jonathan Dayton been disposed so to do. And this defendant further saith, that he has been informed, and verily believes, that after the said William Denning, junior, had given his note as aforesaid, and before the same became due, the said William Denning, junior, became insolvent. And this defendant further saith, that the said speculation in the said land warrants, was a pro] eel: and contrivance of the said Jonathan Dayton, whilst he was Speaker of the House of Repre sentatives in Congress, as this defendant can abundantly shrw by letters from the said Jonathan Dayton, to him upon the subject, and copies of which are hereunto annexed : And this defendant further answering, saith, that he cannot but confess that the whole amount of principal and interest on the said notes, are now hon estly due to the said Thomas Marston, agreeable to the tenor of the said notes, and that the said notes ought long since to have been paid off : And this defendant denies that any payment what ever has been made by him to the said Thomas Marston, on account of the said notes or either of them ; and insists that the allegations of the said complainants as contained in their bill of complaint, are mere shifts used by them to delay or get rid of the payment of a just debt : And this defendant furtheranswering, faith, that he knows not of his own knowledge, when the suit mentioned in the complainants bill of complaint was instituted upon the said notes, but he has been informed and believes, that during his absence in Europe, a suit was commenced upon the said notes, against the raid Jonathan H. Lawrence and Jonathan Dayton, and that to such suit, the said complainants plead in abatement, 206 THE ADMINISTRATION and probably we shall have his secret history, when* like Alexander Hamilton, he will be obliged to give to the world his amorous intrigues, in order to divert public attention from contemplating the that this defendant was not a party to the said suit : and that thereupon the said suit was discontinued, and a suit commenced anew in the Supreme Court of this State upon the said notes, in. which suit this defendant is made one of the defendants, and which suit, as this defendant is informed, is the one now alluded to in the complainants said bill of complaint. And this defendant further saith, that as the agreement respecting the purchase of the said land office warrants, from the said Thomas Marston, was not reduced to writing, he can declare or discover no other agreement than the one before in this his answer, set forth in that behalf. And this defendant denies all, and all manner of unlawful combi nations and confederacy wherewith he is charged without that, that there is any other matter, cause orthingin the complainants, said bill of complaint, contained material or effectual in the law for this defendant to make answer unto, and not herein and hereby well and sufficiently answered, avoided, traversed or denied, is true to the knowledge or belief of this defendant, all which matters and things this defendant is ready and willing to aver, maintain and prove as this honorable court shall direct, and humbly prays to be hence dismissed with his reasonable costs and charges in the law* in this behalf wrongfully sustained. FRANCIS CHILDS. Sworn this 26th day of June, 1800, before me, THOMAS COOPER, Master in Chancery. LETTER. (No. I.) DEAR SIR, I transmit herewith Finlay s Commercial Register, which may be useful to you and L. D. & Co. as matter of information. I hope to hear from you upon the subject of the warrants, when the mail which left New- York yesterday arrives here. A large company is forming itself here, for the purchase of United States OF JOHN ADAMS. 207 schemes he had formed for enslaving his country. The characters of Pinckney and Rutledge I reserve until I treat of the election of Mr. Jeffer son in South-Carolina. lands, and a part of their capital is to be 2000 military land war rants ; but it will be impossible for the company to procure them without paying a very high price. Yours in haste, JONA. DAYTON. P. S. You need not mention my name. FRANCIS GUILDS, Esq. New-Tork. Free. JONA. DAYTON. (No. II.) Philadelphia, January 27, 1796. DEAR. SIR, I have been very directly informed that military land warrants have been, within a few days, sold in New-York, upon time, at se venty-five dollars per hundred acres. Will you employ some broker, who is in that line, to enquire how much can be had in cash for them, to the amount of 200 warrants, or 20,000 acres, and how much upon time, with or without the legal interest. Do not mention my name to the broker, or any other person ; nor make it known that it is my wish to sell, as such information might possibly have an influence to produce a fall. The committee have reported a bill for the sale of lands, in the North-Western Territo ry ; have fixed the price at two dollars per acre, and have admit ted military warrants, in payment for all purchasers, in the pro portion of one seventh. As soon as it comes from the press I will transmit it to you. The same committee are preparing two other bills, the one for sale of lands in the South- Western Territory, and the other, for the grant of the military tracts upon the loca tion of military warrants. You will oblige me by writing on this subject by Monday s mail. JONA. DAYTON. P. S. Mr. Mitchell was one who gave seventy-five dollars. F. CHILDS, Esq. 208 THE ADMINISTRATION CHAPTER VII. Observations upon the Allen and Sedition Bilk.... Arrestment of Dr. Smith and Mr. Burk... .Origin of Dr. Smith s acquaintance ivith Mr. Adams.... Trial cj Colonel Matheiv Lyon... .Barbarous treat ment towards French prisoners.... Case of Joseph Ball and others. 1 HE Alien and Sedition bills were acts, for the passing of which Mr. Adams deserves to be dragged and impeached before the bar of the Sen ate - 3 nor will Congress perform their duty to the (No. III.) Philadelphia, January 29, 1796. PEAR SIR, I send you a copy of the bill for the sale of lands in the North- Western Territory ; it would be well for M". Morton to publish it, that any personsmay.be at liberty to make such remarks, either by letters to members, or otherwise, as suggeft themselves. Has Capt. Waddell sailed, and did he sail before the receipt of my letters ? It is possible that the publication of the inclosed bill, on Monday, may so affect the market for warrants, as to raise them on Monday evening. I wish, therefore, you would write to me by Tuesday s mail. If your broker should be offered more than 52 dollars in cash, or in proportion for thirty or sixty days, you may direct him to make engagements for 200 warrants, or 20,000 acres, to be delivered in eight days ; or you can probably borrow them from Capt. Wataon, or some other friend, until I can send them from this place. Your attention to this will oblige your friend, &c. JONA. Da FRANCIS CHILDS> Esq. OF JOHN ADAMS. 209 people, if they suffer such an infringement of their rights to pass unnoticed. The rebellion of Fries, cr the outrages committed by the western mob, were not such flagrant violations of the Constitution (No. IV.) Philadelphia, February 5, 1796. DEAR SIR, In consequence of the great scarcity of cash, it may perhaps be more beneficial to make sale of the warrants upon credit. I wish the first payment of four thousand dollars to fall due the thirtieth of March, and the residue at such convenient times thereafter as may accommodate the purchaser. I expect an op portunity in one or two daya to send forwards the two hundred warrants, as I shall want a supply of money in a few days beyond v/hat I have at command. I would consent to your taking for one third or one half of them, fifty dollars in cash, if you cannot get more, as they have been sold in New-York for seventy- five dollars on a year s credit. It is best to request your agent to ask high enough for them, and to know from any persons offering to pur chase, what they will give. A company has formed itself here, which will absorb 16 or 1800 land warrants, amounting to 160 or 180,000 acres. I have desired Mr. Meeker to sign, in name of J. H. Lawrence and Co. such number of shares as amount to 30,000 acres, payable in warrants. If you or he wish to come in, it is so arranged that you cim come in for a part of the 30,000, after the plan of the as sociation and its objects are made known to you. Write to me by the next mail, and believe me yours, with esteem, M R. CHJLDS. J. D. (No. V.) Philadelphia) Feb. 9, 1796. DEAR SIR, I have received your s of yesterday, and agreeably to my pro mise transmit you herewith a copy of the bill reported by the committee, for locating military land warrants. Is it necessary Dd 210 THE ADMINISTRATION of the United States, as those unwarrantable deeds. I do not mean to perplex the reader with a tedious argument upon a subject which has already been so fully discussed ; divine inspiration itself, could hardly throw a new light upon it. that I should send you the warrants before I have information that you have stipulated for their sale ? as in case you fail I should wish to have them here, to take advantage of any sudden favor* able offer in this place. If, however, you think it advisable, I will forward them by the first good opportunity, although the one which I expected by Mr. Ogden has failed, he having returned from Trenton home without visiting us as he had proposed. What terms have been offered you for the warrants in cash or on time ? The enclosed bill may be printed if you think best. Yours with esteem, J. D. P. S. Do you know whether James Watson still holds his warrants ? F. CniLDSy ]$*>. (No. VI.) Philadelphia, Feb. 10, 1796, DEAR SIR, 1 have this moment received your s of yesterday, and approve of the sale at 50 dollars for the whole 200. A good opportunity must be sought for transmitting them to you. I will thank you to inform rr>^ on what day you must have them, so that if a good conveyance does not previously offer, I must send a person pur posely with them to reach you within the time. The payment in i o or 15 days will answer my purpose well, provided you are certain of a compliance at that time, and the warrants are only to be delivered at the moment of payment. You will please to employ the money as you propose for me, if to be done safely and to great advantage. I have fifty more which I would sell at 55 dollars for 60 days to Mr. M. if he can give you a good en dorser.. ..perhaps John Stites. Inform me the day I must send OF JOHN ADAMS. 21L The 9th Sect, of Art. 1. of the Constitution, proves, in a sufficient manner, the illegality of the Alien bill. "The migration or importation," says that clause, " of such persons as any of the States them, and what can be had in cash or on credit, when you write me. I am holder of a very large quantity, which higher prices alone can tempt me to sell ; do you know who are the buyers gen erally in your market ? The charters you request, shall be procured and sent. Yours, FRANCIS CHILDS, ES*I. JONA. DAYTON, (No. VII.) Philadelphia, Pel. l$th, 1796. DEAR SIR, Mr. Benjamin Williamson is now here, and will leave this place on Wednesday morning. I shall send the warrants by him, and he has promised that he will take them immediately to you in New- York, so that you may expect them on Saturday at farthest. Do not loose sight of the contract you have made, for I am aware that they will experience a temporary fall, and if you fear any disadvantage from the delay, it may be possible to borrow them ; but as your letter mentions that you are to be paid in 1 2 or 1 5 days, I conclude the purchaser will think himself favored that you do not call upon him sooner. Your broker or agent would do well to enquire whether he will be ready to pay the money, and receive the warrants by Saturday, or if it is prefered, by Monday. Is it improper for you to tell me who the purchaser is ? I am pro mised the papers which you wished to have to-day. Yours in haste, . FRANCIS GUILDS, ES& JONA. DAYTON. (No. VIII.) Phil. Feb. 2$d t 1796. DEAR SIR, I have received your s of yesterday : I am of opinion that th laud-office bill will pass, the difference in sentiment which occurs THE ADMINISTRATION now existing, shall think proper to admit, shall not be prohibited by the Congress prior to the year one thousand eight hundred and eight ; but a tax or du ty may be imposed on such importation, not ex- in debate appearing to turn principally upon the mode and system rather than upon the expedience of doing it. Warrants cannot be got here at 50.. ..no broker or other person will engage to sup ply two or three hundred under sixty dollars each, but they bid no price in proportion in cash, as it is extremely scarce. I have not sold out as St. and Salt, suspect ; or rather I hold more than two thirds of all I had, believing that they cannot eventually fall. I may, however, sell sixty more, but not for less than those you disposed of for me. They will, I am sure, soon rise in New-York, as they are not to be had here ; and the Spanish treaty, which is arrived, and is said to have secured the navigation of the Missisippi, will give a new spring to that speculation. You will, without doubt, close the business of your w 1 contract as soon as pos sible, that you may have and employ the money to the best and earliest advantage. In great haste, yours, F. CSIIDS, Ets. J. DAYTON. (IX.) Philadelphia,, March I, 1796- DEAR SIR, Colonel Samuel Ward has probably informed you, that at his request, and to accommodate Mr. Comfort Sands, I agree to give up the bond and mortgage on the two lots, and take the note of the one, endorsed by the other for the sum. My papers are in the hands of Mr. Lawrence, to whom, with you, I have referred the business. I will thank you for your attention to it, and particularly to see that I am made secure, as you know infi nitely better than I do the circumstances of the merchants or men of business. If Colonel Ward should comply with my request, and anticipate the payment of one third or one half, by giving one note payable on the thirtieth of March, and postponing the OF JOHN ADAMS. 213 ceeding ten dollars for each person." Judge Iredell wished to persuade the Grand Jury of Pennsyl vania, upon the trial of Fries, that this clause was only intended for blacks ; but even allowing his like proportion of it to a more distant time, it will oblige me, but I would not insist upon it as the condition of my compliance. Will you be so obliging as to inform Mr. Lawrence that I have received his letter upon the subject of the new Insurance Compa ny about to be established in New-York, and I authorize him or you, if you think it advisable, and subscribe for yourselves, to put down my name for twenty shares exclusively of the subscrip tion for the company. Have you yet received the money for the w ts, or what prevents your receiving it ? The interest itself on such a sum is of some consequence, even if no other injury can arise from delay. Do you know their price at this time in New- York ? It has been hinted to me, that the long expected ratifi cation of the British treaty is arrived, and that the whole will be promulgated by proclamation, in this evening s paper. The Spanish treaty is now before the Senate, and is said to be very favorable. It will, when known, undoubtedly give a new spring to our land-office bill, and enhance the value of our western lands. Yours with regard, JONA. DAYTON. P. S. Mr. Denman, in course of conversation, has just men tioned that he sold 200 warrants on a credit of 30 days, at 51, dol lars. Have you made the change in the original contract ; or were they other w ts. F. C lntm. (No. X.) Philadelphia , March 14, 1796. DEAR SIR, I have drawn upon you this morning in favor of Matthias Den man, for four thousand dollars, payable in fourteen days from the date. You will, of course, take care to bring within your reach by that time, so much of the proceeds of the sales of my w ts as 214 THE ADMINISTRATION idea to be just, the Alien bill contained no excep tion in favor of negroes more than whites : Aliens of every description, Europeans, Chinese and Afri cans were, by this bill, left at the mercy of the will enable you to discharge the bill. Are you employing the money to advantage, or is it still in the hands of the purchaser ? and if so, what does he allow for the use of it ? How long no tice must be given you, if I should find it my interest to draw for the residue ? A contract which I have lately made, will, if ful filled by the other party, impose on me an obligation to pay, by instalments, about 3*500 dollars, six hundred of which are to be on demand. He is disposed to make a considerable abatement from the residue for prompt payment ; but not knowing what you are to receive, I cannot judge whether it is better to leave the money where it is. You have, I find, organized your Insurance Company, but the President is a man whose name I never before heard. Do you know any thing yet respecting Capt. Landon, or do you expect to see before you hear from him ? Can you tell the higheft price, obtainable in cash or on credit, with approved notes, for 100 warrants ? It has become very problematical whe ther the rice speculation will prove as advantageous as was at first expected.. ..what think you of it ? Have you heard from Capt. Waddell ? Yours with esteem, JONA. DAYTON. F. CHILDS, Es%s (No. XI.) Philadelphia, March 24, 1796. DEAR SIR, By Capt. Clay, of this town, who left Liverpool the 22d ult. we have an inundation of news.... I inclose the hand-bill and paper. You will readily perceive that the most important article, under the head of the preliminary convention for peace, was a fa brication. I advised you, in a former letter, of my having drawn upon you for 4000 dollars, in favor of Mr. Denman ; I have since OF JOHN ADAMS. 215 President, either to be buried in a dungeon or sent to starve on some inhospitable shore. Neither time nor money was allowed the unfortunate stran ger who had incurred the displeasure of Mr. Adams, heard nothing from him or you. It was my wish to have been informed, likewise, how the product of the warrants is situated, and what compensation is to be allowed for its use, as a very handsome offer had been made, which I could not accept until I had advice from you. With sincere regard, yours, F. CHILDS, Es^. JONA. DAYTON. (No. XII.) Philadelphia) March 29, 1796. DEAR SIP,, \_EXTRACT.~] The committee, yesterday, reported the land-office bill, con formably to the alterations and amendments made in committee of the whole house ; it is ordered to be printed, and when put into our hands a copy shall be sent. ...my opinion is that the bill will pass. On what terms are the 400 w ts offered you, on a credit of 6 and 12 months ? Not so large can be had here on any terms ; but I should wish to compare k first with the offers in this place. In respect to the English treaty, it is my opinion that every question relating to it, in every shape, will have an unfa vorable aspect towards it, except the last and most important one, viz. that of making appropriations, upon which occasion, I am inclined to believe, there will be a majority for carrying it into effect. I request you, however, not to mention my name as an authority for it, on account of my situation. Yours with esteem, F. CHU.DS, Es^. JONA. DAYTON. (No. XIII.) Philadelphia, April 6, 1796. DEAR SIR, \_EXTRACT.~] I am pleased that you have made the arrangements which you mention, respecting the sura of 5000 dollars, which remains on 216 THE ADMINISTRATION to enable him to return to his native country ; he had only one alternative, either to rot in jail or em bark upon the ocean, perhaps without a farthing in his pocket. account of the w . - The w you mention cannot, in my opinion, but prove a good bargain at 55, on a credit of 6 months ; you are, however, as capable of judging as myself. I have made an offer for 200 here for myself, at nearly the same rate. We are discussing the land-office bill, which will undoubtedly pass, great progress having been made in it yesterday. Yours with esteem, F. CHILLS, JEs^ J. DAYTON. (No. XIV.) Philadelphia, Apnl 19, 1796. DEAR SIR, I have received yours of the I5th. There were many reasons which induced a wish that you would become equally concerned with Mr. Lawrence and myself, in the house about to be formed and established in New-York. ...it was therefore with pleasure I read your determination. In answer to your enquiries respecting the English treaty, I assure you that I entertain an opinion dif ferent from the leaders of both parties.. ..they think that a majority will refuse appropriations ; I do not think so, although it is highly probable that such will be the first vote and decision. As in mi litary so in political contests, an unsteadiness or wavering in the ranks on one side always augurs an unfavorable issue to the party where it is perceived, and rarely fails to produce flight, dismay and defeat : Such symptoms are perceptible in the phalanx of the op- posers of appropriations, and I own I shall be egregiously mista ken if (when it becomes a question of nerve) a sufficient number do not tread back their ground to occasion a result very different from that which present appearances indicate. They calculate upon the number you mention, viz. 57, and say that they are cer tain, and cannot be diminished, but will probably be increased ; this would, on account of absentees, make a majority of 15 ; too large a number to be easily operated upon ; but Las is no common case. OF JOHN ADAMS. 217 It is amazing with what effrontery Judge Ire- dell labored to explain away the above clause. " It is believed, says he, " that it was never suggest* ed in any other country, that aliens had a right to The section in the land-office bill which provided for the admission of military warrants in a certain proportion, in payments, was, up- qn my suggesting that it would be more favorable and acceptable to the army, to have a tract equal to the Wab.ash tract, appropria ted for military rights near the Sciota, struck out. There did not appear to be a single member opposed to give such a tract in lieu of the other plan, and the bill for locating military warrants \vill be so amended. The disadvantages of the original plan were, that warrants could only be introduced in proportion as the land sold, for two dollars and upwards, and it could not be expected that in this way, more than one thousand warrants would be ab sorbed in any one year ; as 600,000 acres was the largest quantity Calculated to be so!4 annually at those prices, and the sixth part- thereof would require 1000 warrants or iop,ooo acres. On the other plan the whole number which any man possesses may be lo~ cated and realised in twelve months, and that on lands good and well situated. The prospect of their rising in value is, in my opinion, fairer than it ever was, and I have, since the sale made by you, purchased nearly 100 for cash, 200 on a year s credit with le gal interest, and expect to get 2 or 300 more. What is their price with you, on a year s credit, with or without legal interest : Can any and what number be had upon a sudden demand and oc casion ? The contents of this letter are of such a nature as render it improper to be seen by any except yourself,;... burn it, therefore, when you have perused it, and believe me Sincerely yours. (No. XV.) Philadelphia, April 19, 1796. DEAR SIR, I have received your s of yesterday. The alarm which you to prevail in the city of New- York, will be productive pjf Ee 18 THE ADMINISTRATION -go into a foreign country, and stay at their will and pleasure, without any leave from the government." Supposing this to be the case, the laws of other na tions could not supersede and do away an express good rather than evil, although I am far from believing that the present state of things warrants it. The shock which private credit is receiving, and the fall of produce, as well as the stagnation of commerce, even though it be temporary, are serious evils. Can not the friends of Livingston, Havens, Hathorn, Van Courtlandt and Bayley, be induced to remonstrate seriously with them, a- gainst their opposition to making the proper provision for carry ing the treaty into effect. Request Mr. Childs to make the at tempt, he or his friends must know who have the greatest influ ence with those gentlemen, and they will, I am sure, respect much more the advice of their friends and supporters, immediately ad dressed to them personally, than that of a petition directed to the House of Representatives. But I -do not mean to discourage the latter mode of declaring your sentiments ; but I recommend the sending persons even into the districts of the members I have men- tioned, in order to engage influential men to be active. There will be time to do this, for the discussions will probably be very lengthy.. ..or if they are not, the first vote will not be so conclu sive but that we may change, whenever a few will come over from the first majority. That majority is diminishing.. ..three from Ma ryland and the one from Jersey who voted for Livingston s resolu tion will now vote for carrying the treaty into effect ; two New- York members, and two or three are wavering, but are inclined to the Virginia side, if the stir that is making does not shake their nerves. Tell Mr. Childs they must be active, and appoint respec table committees to correspond in all directions, excepting south of the Potomack. Keep up, for a time, the spirit that is now fer menting, and all will yet be well. My opinion is, that your ar rangements and establishment in New- York should go forward, for I cannot persuade myself that a majority will persist in their op position, or that if they do, the consequences will be so important OF JOHN ADAMS. 219- artiele in our Constitution, which allowed the im portation of aliens for a specified time. America, however, is not the only country which held out this protection for foreigners.... in Great Britain^ as are apprehended. This is intended for you and Mr. Childs only, as I would not say any thing which would tend to relax the laudable exertions which are about to be made. The purchase you hint at, may, I believe, be made advantageously, if you can hit upon the price when it is at its lowest. Should you be very much pressed for money, I can accommodate you here for a num ber of days, and until you are more in cash, with the 750 dollars. Yours with esteem, JONA. DAYTON. (No. XVI.) Philadelphia, May l$th, 1796. DEAR SIR,, Your s of yesterday is received.- The 3000 dollars which I ask- <*d to be remitted from Mr. Denning before the adjournments, will not probably be wanted before the 24th or 2^th, as our session will necessarily be prolonged a few days beyond the time contemplated. I will join with you in the purchase of the 462 w. and am- willing that Mr. Lawrence should be concerned also, if he wishes:it. En quire when you go to the city next week, whether any other con- siderable quantity may be had, and on what terms, and give me im mediate information, and at the same time, where you will be on each day next week, whether in E. Town or N. York. I have sometimes thought it might be advisable to form a company to purchase all the floating w. and afterwards locate tkem ; but soms inconvenience would attend such a partnership which, rather deters me from it. Who are these in the city that are purchasing. w with an intention to hold and locate them ? I will write by to morrow s mail and send you the last report of the land-office com mittee. Yours, JONA. DAYTON. P. S. Deliver the enclosed Register to Mr. Lawrence, who will probably be at home on Sunday. F. CHILD s, ESQ. [Mr. Dayton has since withdraw-i his suit after paying the 226 THE ADMINISTRATION before the Alien bill passed, they enjoyed the same privilege of residence as citizens. Respecting the Sedition act, it is entirely incom- patible with the following amendment to the Con- siitution: " Congress shall make no law respect ing an establishment of religion, or prohibiting the full exercise thereof, or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the govern ment for a redress of grievances/ Judge Iredell s sole defence of this bill rests upon the supposition, that it was not intended to affect the liberty of the press, and he is forced to acknowledge, that the above clause in the Se dition act, renders void any law which would have that tendency. But it is no difficult mat ter to prove, notwithstanding the ingenious sub tlety of the judge s argument, that the Sedition law, struck directly at the vitals of that inesti mable right.. ..It imposed a fine of two thousand dollars, upon every person \vho should write or publish, or cause to be written or published, a libel against the government of the United States, or either House of Congress, or against the Pre sident > and by the trials which took place, it may be seen, that any publication which did not approve of the measures of government, and the conduct of the Executive, was construed into a costs; which is an evident proof of the justice of the answers of Mr. Marston and Mr. Childs, and the injustice of his own com plaint. J OF JOHN ADAMS. libel. The prosecutions of Lyon and Callender, of Cooper and Holt, are the best commentary upon the Sedition law. The names of these gentlemen will be quoted in support of the liberty of the press, and of the tyranny of Mr. Adams whrii the labored arguments of Paterson and Peters, of Iredel!,* Addison and Chase, are no longer re* membered.f Dr. James Smith and Mr. Burk, of New-York, the former a citizen and the latter an alien, were among the first who were arrested upon the Sedi tion act. They were the editors of a newspaper called the Time-Piece, and had inserted a para graph which did not meet with the approbation of the President. An antipathy of a long stand ing had existed between Mr. Adams and the Doctor. Smith is a native of America ; he went to Britain before the declaration of our indepen dence, and afterwards passed over to France. There he got acquainted with Mr. Adams when at Paris, in the year 1777. But these two poli ticians did not long agree. ...the open republican ism of the Doctor could not accord with the sly and Jesuitical policy of the American negociator > they were also rivals in other pursuits. The city of Paris is the grand theatre for amusing sport and amorous intrigue. Both Mr. Adams and Doctor * Judge Iredell died a few months after the trial of Fries. f The ETay of Hortensius, and Mr. Wortman s Treatise on Political Enquiry, may be consulted with considerable profit on tfyis subject. THE ADMINISTRATION Smith were desirous of exhibiting their youthful talents, and of displaying to the metropolis of Eu ropean fashion, the gallantry of the new world. In these respects Dr. Smith had infinitely the advantage; his lively wit and jeu-d csprit were more acceptable to the Parisian ladies than the dull and phlegmatic humor of Mr. Adams. This circumstance, joined to a difference in political opinion, created an irrepa rable breach between them, which was not forgot by the one when raised to the elevated station of President of the United States, or by the other in the more humble capacity of a newspaper editor. When Mr. Adams heard of the Doctor s intention to return to his native country, at the commence ment of the present war, he exhibited signs of dis pleasure and uneasiness ; probably he dreaded that some of the frolics in which he acted the part of a lifeless Punch at the palace of Vergennes, would be brought to light, and that Americans would hear with surprise, that instead of a diplomatic character, they had sent a buffoon to the Court of Versailles. Whether from American or British influence,, certain it is, that Doctor Smith could, with the greatest difficulty procure an American captain to carry him to New- York, and even after he had en gaged with one, the vessel, either by accident or de sign, run aground upon the English coast, and no tice was sent to the British ministry and the Ameri can ambassador that Smith was on board ; but no OF JOHN ADAMS* 223 public steps for his detention being taken, he was allowed to proceed for his native country, Burk knowing, as he was an alien, that he would not only receive the punishment which a fed eral court would generously bestow, but be after* wards compelled to leave the United States, thought it most prudent to take himself ofT without waiting for the issue of a trial. The Time-Piece was, in consequence, -dropped, and this being the point which Mr. Adams wished to accomplish, the trial of Dr. Smith was never brought forward. Although the Sedition law had now for some time been employed in holding the citizens in sub jection, and preventing them from a mutual commu nication of their griefs and injuries, yet it was never supposed, that Mr. Adams would venture to ex- , tend the same scourge of povi er to the Represent atives of the people. This was a step for which he could borrow no precedent even from England, the government of which he so much admired. ...he was also conscious of the danger of the attempt, and probably would never have tried the experiment, had it not been for the urgent entreaties of his Secretaries, Timothy Pickering and Oliver Woleoit, These active inquisitors entertained an implacable aversion towards Colonel Mathew Lyon. They dreaded the open honesty of his tongue, and the rough though just censure of his pen. They knew while this patriot was at large, it would be impos sible to cancel truth and lull into lethargy the citizen > 24 THE ADMINISTRATION of Vermont and the eastern Slates. Bat were he de prived of the use of his literary arms, even ior a few months, they had hopes that in this time, they might draw the chains of slavery so far over his unhappy countrymen, as afterwards to defy both the force of patriotism and the love of liberty to remove. The loss of no occurrence in the Judiciary courts of America, ought so much to be regretted as an accurate statement of this trial. The rigid disci pline practised in the Federal court, in which Judge Paterson presided, prevented even the Printer of the Vergennes Gazette from taking notes. The mis erable account, therefore, printed in most of the public papers, was the production of one of Lyon s jury, whose name, like that of the traitor Arnold, must fill every honest mind with indignation and scorn . Thus circumstanced, it is only practicable to relate the leading occurrences that took place on that occasion : On -Friday, the 5th of October, 1798, the grand jury of Vergennes brought into court an indict ment containing three counts against Colonel Ma- v thew Ly6n, Representative for Vermont. 1 he fit ->t of which charged Mr. Lyon with writing a letter to Mr. Spooner, printer of the Windsor paper, pub lished on the Slot of July la>^t, containing artiui and indirect accusations against the President of the United States ; importing corruption in his appoint ment of men to office, displacing and " rejecting men of age, experience, wisdom and independency OF JOHN ADAMS-. 22 1 of sentiment/ and insinuating that he is devoted to a fondness for " ridiculous pomp, idle parade and selfish avarice." The second and third counts were for uttering, publishing and printing, of certain parts of a letter, said to be from an American di plomatic character in France, (commonly called the Barlow letter) "abusing, in amost virulent manner, the President and Senate of the United States ; and particularly for their conduct towards France." The indictment contained inuendoes in com mon form, and averments of the " intention of the defendant to stir up sedition, and to bring the Pre- sident and government of the United States into contempt, &c." Mr. Lyon was apprehended and brought be fore the court on Saturday morning, put to plead, and desired to name his counsel, He pleaded not guilty, and informed the court that he had sent to Bennington for Jonathan Robinson and David Fay> Esqrs. to be his counsel, but that he did not expect them until Monday. ...he was, therefore, ad mitted to bail, and the court put the cause over to Monday. Accordingly, on that day at 1 1 o clock, Mr. Lyon was called ; he observed that his counsel had not arrived, and requested a postponement : the court adjourned to 1 1 o clock ; he again re quested a postponement, and the court, after some hesitation, adjourned to 12 o clock. At twelve the court opened, and Mr. Lyon informed the court that he chose to proceed to trial, although his counsel from Bennington had not ar- Ff 226 THE ADMINISTRATION rived. He sent for Judge Israel Smith to advc- cate his cause, who declined being particularly as signed as counsel, but at Mr. Lyon s desire he sat by him durirg the trial and advised. After a statement of the case by Charles Marsh, the attorney of the United States, Mr. Lyon enter* ed upon his defence. He began by observing, 1 st, that the court had no jurisdiction of the cause, for that the law of Congress was unconstitutional and void. 2d, that the publications were innocent ; and 3d, that the contents .were~lrue. This he said he would prove by Judge Paterson, and his friend, Judge Smith. He accordingly asked Judge Paterson if he had not frequently dined with the President, and observed his ridiculous pomp and parade : The latter shook his head, smacked his lips and recalled to his memory the convivial de bauch. " Mr. Lyon," says he, " I have sometimes dined with the President, but in place of pomp and parade have seen a great deal of hospitality with out much ceremony." Mr. Lyon then enquired whether he did not see more pomp and servants there than at the tavern where he lodged at. Rut land. The Judge, conscious that there was some difference between the table of Braintree and the humble fare of a country tavern, with the privilege of half a bed, made no reply, but smoked a segar. Judge Smith was not examined ; and Mr. Lyon proceeded to read several parts of the publications complained of, upon which he made several perti nent and judicious remarks, The cause was then OF JOHN ADAMS. 227 argued by Mr. Marsh, on the part of the United States, and by Mr. Lyon for himself. The charge of Judge Paterson was neither candid nor perspicuous, but abounded in sophistry ; if it had been preserved it would afford an illustri ous specimen of federal talents and federal recti tude. The jury retired at eight o clock in the evening and brought in their verdict of guilty about nine. The court called on the prisoner to shew cause wherefore judgment should not be pronounced a- gainst him ; also to give any information he pleased that might serve to reduce the fine. Mr. Lyon re quested time until the next morning, which the court accordingly granted. On Tuesday, when the court met, he informed them " that he very lately possessed property which he estimated at 20,000 dollars, and had con veyed it to certain persons who were bound for his debts, amounting to about 1600 dollars.. ..he did not know that he could command 200 dollars by his property, but he confessed he was worth more than any sum it was in the power of the court to impose on him as a fine." He also complained " that the juries were pack ed, and brought from towns which were known to be inimical to him, for the purpose of crushing him - y that he was hurried on to trial, and there fore was not prepared." Judge Paterson, after commenting upon the heinous crime of attempting to ridicule the Presi- 228 THE ADMINISTRATION dent, passed sentence on him in the following- words : (C Mathew Lyon, it is the pleasure of this court / that you be imprisoned four months, pay costs and a fine of one thousand dollars, and stand committed until the judgment be complied with." Colonel Lyon was then conducted out of court and thrown into a dungeon six feet square, where he was left to starve during a rigorous winter. The character of this patriot cannot be better de scribed than in the words of Dr. Graham, in his sketch of Vermont : " Fairhaven joins on Skeensborough, and is the most flourishing town in the State ; it owes it s consequence to it s founder, Colonel Lyon, whose enterprise and perseverance in carrying on manu factories, has been of infinite utility to the public, to the gratitude of which he has the strongest claims. He has erected a furnace for casting all kinds of hollow iron ware, and two forges, a slitting- *niil for the making of nail rods, a paper-mill, a printing press, and corn and saw-mills.. ..It is a curious fact, that Colonel Lyon has executed a good deal of printing at his office, on paper manu factured by himself, of the bark of the bass-wood tree, and which is found to answer every purpose for common printing. He has held some of the first offices in the state, and no man in it can be more qualified to do so, as his knowledge of the finances and situation of the country is scarcely to be equalled ; nor does his integrity ever suffer him OF JOHN ADAMS. 229 : to lose sight of the real good of the people. ...His friendship and generosity are as great as his am bition.... his passions and all his pursuits flow from the noblest feelings of the heart ; they are all ex erted for the benefit of mankind, and not only endear him to my esteem, but secure to him the respect and affection of all those who are happy in his acquaintance, or who have a knowledge of his character." The cruelty of jacobinism has been compared to the horrors of the Jersey prison-ship ; but the barbarity of either will hardly bear a comparison .with the Federal tortures that were practised under the name of ceconomy, upon the crews of two French vessels, the Sanspareil and the Jaloux... .These ships had been captured by some of Mr. Adams s armed cruisers, and the men confined from the 20th of September until, the 6th of November, 1798, in the small prison of New-Castle. The following extract from a letter inserted in the Aurora, de scribes their treatment and their situation : "They have not been allowed a basket to contain the provisions which private humanity bestowed upon them ; a single pot serves for every species of vessel for sixty men ; locked up at night, they are under the necessity of making use of their hats, their shoes, their handkerchiefs and their shirts, to con tain those excretions from which nature has not exempted an individual of the animal creation. They have been without a separate apartment for the sjck, nor have they been granted the most 230 THE ADMINISTRATION trifling utensil to prepare or administer to the side,, the few medicines which they have left. They are totally destitute of warm cloathing, and the naked floor of the room, often wet, is the place where they may repose during the night. Men not long from a tropical climate., men long estranged from the rigors of a northern winter, may, without being deemed unreasonable, call this treatment cruel. " Two of their number have literally perished since their confinement in the prison. ...one died through want, it not being in the power of his com panions to administer medicines ; and the other fell a victim to the severity of the cold. Two others must have paid the last debt to nature had it not been for the humane attention of the inhabitants of New-Castle, to whom they owe their protracted ex istence. These acts of humanity were attributed by a pettifogger of the same place, to some lurking remains of friendship for the French; but his wick edness was of no avail/ The letter adds, that the people of New- Castle supplied them with clothes, without which, they say, that many of them must have perished. On the day the letter was wrote, they were, for the first time, visited by Mr. Robert Hamilton, Commissary of Prisoners ; they com plained to him, but were answered, "that govern ment allowed nothing, and if they had no friends they might perish." Whatever barbarities may have been commit ted by the French upon their prisoners, the follow ing fact ought to make Americans blush : A car- OF JOHN ADAMS. 231. : tel in the end of 1798, was sent from this country to Bourdeaux with seventy French prisoners. They were shut up in a small steerage, with hardly wa ter and meat for six men. Twelve died of hunger during the passage, six after being landed, and the others were so sick and so much enfeebled that lit tle hopes were entertained of their recovery. I only mention these circumstances with a vie w of showing the danger of vesting an unlimited con fidence in the officers of government. The best / men and the warmest patriots ought to be watched with a jealous eye. Wealth and power render cal lous the most tender passions, and shade with a mantle of vice the brightest virtues. Among the federal frauds committed this vear, o * the case of Joseph Ball deserves particular notice. This man, with several others, were holders of bills of credit, issued in pursuance of a resolution of Congress, dated March 18th, 1780. These bills were to be paid out of the funds of individual States ; but as credit of this nature was not sufficient for circulating the paper, Congress passed an act which contains the following clause : " that the said new bills, issue on the funds of individual States for that purpose established, and be signed by persons ap pointed by them, and that the faith of the United States be also pledged for the payment of the said bills, in case any State, on whose funds they shall be emitted, should, by the events of war, be render ed incapable of redeeming them." THE ADMlNISTRATIOiSf A memorial respecting these bills was present* edtothe House of Representatives in the month of March, 1798, by Ball and the others concerned.... a committee was appointed to examine their claims* This committee, in their report, quotes the above clause, and then adds the following observations : " The interest accruing on them (viz. the bills) was to have been paid by the United States annually, if called for, in bills of exchange on Europe, and the amount charged to the States respectively. It does not appear, however, that any such payments were made." The interest was several times call ed for, but never paid ; so that in the beginning Congress broke their bargain. The report then remarks, that the greater part of those bills had been redeemed by the States which stood indebted for them, and adds, that "the bills for which payment is now demanded, are chiefly of those issued by the States of New-Hamp shire, Massachusetts and Rhode-Islsnd. This spe cies of paper has never been considered as form ing any part of the debt of the United States ; in the various arrangements which have been made since the establishment of the present government rela tive to the debt of the United States, no provision has ever been made for those bills." This appears a strange assertion, for the indorsement upon each of them stood thus : fc The United States ensure the payment of the within bill, and will draw bills of exchange for the interest, annually, if demanded/* OF JOHN ADAMS* 233 At the end of eighteen years this interest is de manded ; and the committee report, that the en dorsers are not obliged to pay it although the en dorsement is not denied. The committee next observe, that on January 16th, 1795, Mr. Wolcott reported to Congress up on these bills, which the holders had lodged for payment at the Treasury office. The total amount of the principal sums was ninety thousand five hun dred and seventy-five dollars. The Secretary s plan of redemption I shall give in his own words, viz. that these bills " should be provided for by taking the principal sum of them, without interest, on loan, at five per cent, payable quarter-yearly, re deemable at the pleasure of the United States^ and payable in thirty years. " As Mr. Wolcott admits the claim was just, the interest certainly became as much due as the prin cipal sum. At the same time when the committee made their report, the simple interest amounted to nearly the original sum. In 1793, the money had been owing for eighteen years, and the bills were to bear an interest, according ro the original terms of agreement, at five per cent. The interest, therefore, came to eighty-one thousand, five hun dred and nine dollars and sixty cents. ...if it had been paid annually, as injustice it ought to have been, it would have amounted vastly higher; for the creditors would then have reaped the advan tage of compound interest. Supposing this to have been the case, the account will stand thus : Gg "234 THE ADMINISTRATION Dollars, Principal Sum 90,574 Compound Interest for fourteen years and an hundred and five days, at 5 per cent. - 90,674 Do. Interest for the next four years about 41,200 Total sum, 222,148 If this collective sum be divided into five equal parts, the interest will make exactly three out of these five parts. In other words, if Mr. Wol- cott s plan had been adopted, the creditors would have been practically and in substance, defrauded out of three fifths of their money. They would have been just in the situation of a man who re ceives a bankrupt composition of eight shillings per pound. Upon this scheme of the Secretary, Mr. Ball and the other bill-holders would have made a most pitiful bargain. It would have been singular in any other man but Mr. Wolcott to have proposed such a heavy reduction, after acknowledging in the strongest and fullest terms, the justice of the whole debt. But the nefarious inconsistencies of the ci- devant Secretary of the Treasury are notorious. The committee then proceed thus : " Good faith demands that the United States should supply the omissions of the States which issued the bills, by providing themselves at the least for the interest upon them; but it is not easy to pronounce on OF JOHN ADAMS. 235- what terms they ought to be provided for".. ..it is granted, however, by the committee, that Con gress were bound to provide for the interest on some terms or other. " It is a well known fact," continues the report, " that these bills sunk in the same vortex of depreciation with the old continent al bills, and while they continued to circulate, were generally in the ratio of forty of the old for one of the new. This unfortunate depreciation, which operated upon all the paper money notes and certificates, issued during the war, necessitated the United States to adopt principles relative to them, which cannot apply in case of ordinary con tract. The States, individually, have assumed sim ilar privileges, and in making provision for the bills in question, in some instances have consider ed them as depreciated currency. The committee are informed., that all the States who issued bills of this description, have already made provision for their redemption either at their nominal amount, or a certain ratio of depreciation, except the State of Rhode-Island ; and they think,, it is fairly to be presumed, that the States have made as liberal a provision as the nature of the case demanded. The United States have once made allowances to the several States, in settlements of their accounts for the supplies for which those bills were issued ; should they make any further provision, they must, consider the several States as indebted to them for the amount of such provision. 236 THE ADMINISTRATION " From an attentive consideration of all the circumstances of this case, which the committee have endeavored fully to examine and present to the view of the House, they are of opinion, that it Trill not be expedient for Congress to make any provision for the payment of the said bills, or any interest thereon ; they therefore recommend, that the petitioners respectfully have leave to withdraw their petitions/ The House of Representatives agreed to the report, and Ball and his fellow sufferers were obli ged to submit to the fraud. CHAPTER VIII. Meeting of Congress.... Speech of the President..., Remarks.... Impeachment of Blount.... Gerry s dis patches. ...Story of the female spy and her t-ibs of seditious papers . . . .Acts passed by Congress. ON Monday, the 3d of December, the third session of the fifth Congress commenced ; but eight members being absent from the Senate of the num ber necessary to form a quorum, the President did not meet them until the 8th. A melancholy gloom was diffused over the countenances both of the Senators and the Representatives. They had as sembled at the close of the greatest pestilence Ame rica had yet experienced, and there were few of them who had not to lament the loss of some par- OF JOHN ADAMS, 237 iicular friend or acquaintance. Even thePresident himself, whose feelings are not the most tender, seemed deeply affected, and for the first time, ap peared to sympathise with the sufferings of the people. This temporary compassion might, how ever, have proceeded from a different cause : A- midst the flattering compliments of Timothy Pick ering, Oliver Wolcott, and a train of federal cour tiers, it was impossible Mr. Adams could dis guise from himself, that he had incurred the con tempt and hatred of every man of honesty and vir tue in the United States. The dungeon in which the Vermont patriot was starving, must, in the sol itary moments of silent reflection, have stared him in the face, and reminded him of the fate his crimes deserved. The just apprehension of a guilty con science, heightened, perhaps, by the calamity with which America had been afflicted, and not the praise-worthy compassion of a generous mind, was most probably the cause of that unusual diffidence and appearance of sorrow w T hich he exhibited in delivering the following speech : " Gentlemen of the House of Representatives, " While with reverence and resignation we con template the dispensations of Divine Providence, in the alarming and destructive pestilence with which several of our cities and towns have been visited, there is cause for gratitude and mutual congratulations that the malady has disappeared, and that we are again permitted to assemble in safety, at the seat of government, for the discharge -38 THE ADMINISTRATION of our r mportant duties. ...but when we reflect that this fatal disorder has, within a few years made re peated ravages in some of our principal sea-ports, and with increased malignancy ; and when we con sider the magnitude of the evils arising from the interruption of public and private business, where by the national interests are deeply affected, I think it my duty to invite the legislature of the union to examine the expediency of establishing suitable regulations in aid of the health-laws of the respective states ; for these being formed on the idea, that contagious sickness may be communi cated through the channels of commerce, there seems to be a necessity that Congress, who alone can regulate trade, should frame a system, which, while it may tend to preserve the general health, may be compatible with the interests of commerce, and the safety of the revenue. "While we think on this calamity, and sym pathise with the immediate sufferers, we have a- bundant reason to present to the Supreme Being, our annual obligations of gratitude, for a liberal participation in the ordinary blessings of his pro vidence : to the usual subjects of gratitude I cannot omit to add one of the first importance to our well- being and safety....! mean the spirit which has arisen in our country against the menaces and ag gressions of a foreign nation. A manly sense of national honor, dignity and independence has appeared, which, if encouraged and invigorated by every branch of the government, will enable OF JOHN ADAMS, 239 us to view, undismayed, the enterprises of any fo reign power, and become the sure foundation of national property and glory. " The course of the transactions in relation to the United States and France, which have come to my knowledge during your recess, will be made the subject of a future communication. That communication will confirm the ultimate failure or the measures which have been taken by the gov ernment of the United States, towards an amicable adjustment of differences with that power. You will, at the same time, perceive that the French government appears solicitous to impress the opin ion, that it is averse to a rupture with this country, and that it has in a qualified manner, declared itself willing to receive a minister from the United States, for the purpose of restoring a good understanding. It is unfortunate for professions of this kind, that they should be expressed in terms which may coun tenance the inadmissable pretension of a right, to drescribe the qualifications which a minister from the United States should possess, and that while France is asserting the existence of a disposition on her part to conciliate with sincerity the differences which have arisen, the sincerity of a like disposi tion on the part of the United States, of which so many demonstrative proofs have been given, should even be indirectly questioned. It is also worthy of observation, that the decree of the Directory, al- ledged to be intended to restrain the depredations of French cruisers on our commerce, has not given, 2 10 THE ADMINISTRATION and cannot give any relief j It enjoins them to con form to all the laws of France, relative to cruising and prizes, while these laws are themselves the sources of the depredations of which we have so long, so justly, and so fruitlessly complained. " The law of France, enacted in January last, which subjects to capture and condemnation neutral vessels and their cargoes, if any portion of the lat ter are of British fabric or produce, although the entire property belong to neutrals, instead of being rescinded, has lately received a confirmation by the failure of the proposition for its repeal. While this law, which is an unequivocal act of war on the com merce of the nation it attacks, continues in force, those nations can see in the French government on ly a power regardless of their essential rights , of their independence and sovereignty, and if they possess the means, they can reconcile nothing with their interest and honor but a firm resistance. " Hitherto, therefore, nothing is discoverable in the conduct of France which ought to change or release our measures of defence ; on the con trary to extend and vigorate them, is our true po- licv. We have no reason to regret that those measures have been thus far adopted and pursued, and in proportion as we enlarge our view of the portentous and incalculable situation of Europe, we shall discover new and cogent motives, for the full developement of our energies and resources. " But in demonstrating by our conduct, that we do not fear war, in the necessary protection of OF JOHN ADAMS. 241 our rights and honor, we shall give no room to infer that we abandon the desire of peace. ...an , efficient preparation for war can alone ensure peace. It is peace that we have uniformly and persever- ingly cultivated ; and harmony between us and France may be restored at her option ; but to send another minister, without more determinate assu rances that he would be received, would be an act of humiliation to which the United States ought not to submit ; it must therefore be leit to France, if she is indeed desirous of accommodation, to lake the requisite steps ; the United States will readily observe the maxims by which they have hitherto been governed ; they will respect the sacred rights of embassy; and with a sincere disposition on the part of France, to desist from hostility, to make reparation for the injuries heretofore inflicted on our commerce, and to do justice in future, there will be no obstacles to the restoration of a friendly intercourse. In making to you this declaration, I give a pledge to France and to the world, that the executive authority of this country still adheres to the humane and pacific policy which has invaria bly governed its proceedings, in conformity with the wishes of the other branches of the government and of the people of the United States. But consi dering the late manifestations of her policy towards foreign nations, I deem it a duty deliberately and solemnly to declare my opinion, that whether we negociate with her or not, vigorous preparations for war will be alike indispensable. ...these alone Hh IHli ADMINISTRATION will give us an equal treaty, and ensure its observ ance. "Among the measures of preparation which appear expedient, I take trie liberty to recal your attention to the naval establishment. The benefi cial effects of the small naval armament, provided under the acts of the last session, are known and acknowledged ; perhaps no country ever experien ced more sudden and remarkable advantages from any measure of policy than we have derived from the arming for our maritime protection anddefence. We ought, without loss of time, to lay the founda- J tion for an increase of our navy, to a size sufficient to guard our coasts and protect our trade. Such a naval force, as is doubtless in the power of the. United States to create and maintain, would also afford to them the best means of general defence, by facilitating the safe transportation of troops and stores to every part of our extensive coasts. To accomplish this important object, a prudent fore sight requires that systematical measures be adopt ed for procuring, at all times, the requisite timber and other supplies. In what manner this shall be done I leave to your consideration. "..I will now advert, gentlemen, to some matters of less moment, but proper to be communicated to the national legislature. "After the Spanish garrisons had evacuated the posts which they occupied at the Natchez and the Walnut Hills, the Commissioner of the United States commenced his observations to ascertain the OF JOHN ADAMS. point near the Missisippi, which terminated the thern-most part of the thirty-first degree of north aritude. From thence he proceeded to run the boundary line between the United States and Spain He was afterwards joined by the Spanish Commis- oner, when the work of the former was confirmed ; and they proceeded together to . the demarcation f the l,ne. Recent information renders it proba ble, that the northern Indians either instigated to opppose the demarcation, or jealous of the conse cr h -f n white people tor - ai; " : land to wh,ch the Indian title had not been extin guished have ere this ume, stopped the prog " s of the Commissioners.,^ considering the mis ch,efsw hl ch may result from continuing the de- marcation ,n opposition to the will O f th" l nd ; a tnbes, the great expence attending it, and that boundanes which the Commissioners have u estabhshed, probably extend at least as ft as tl Ind,an tule has been extinguished, it w- ll per haps, become expedient and^ecess^ry to further proceedmgs, by recalling our Com jngapart of the boundary therein^escribed, he finely deeded that question. On the twen y -fif h October,.they made their declaration, that a river 24-4 THE ADMINISTRATION called Scoodiac, which falls into Passamaquoddy Bay, at its north-western quarter, was the true St. Croix intended in the treaty of peace, as far as it s great fork, where one of its streams comes from the westward and the other from the northward, and tbat the latter stream is the continuation of the St. Croix to its source. This decision, it is under stood, will preclude all contention among individu al claimants, as it seems that the Scoodiac, and its northern branch, bound the grants of land which have been made by the respective adjoining gov ernments. A subordinate question, however, it has been suggested, stiil remains to be determined. Between the mouth of the St. Croix, as now settled, and what is usually called the Bay of Fundy, lie a number of valuable islands: The Commissioners have not continued the boundary line through any channel of these islands ; and unless the Bay of Passamaquoddy be a part of the Bay of Fundy, this further adjustment of boundary will be necessary : But it is apprehended that this will not be a matter of any difficulty. " Such progress has been made in the examina tion and decision of cases of capture and condem nation of American vessels, which were the subject of the seventh article of the Treaty of Amity, Com merce and Navigation between the United States o and Great Britain, that it is supposed the Commis sioners will be able to bring their business to a con clusion in August of the ensuing year. OF JOHN ADAMS. 245 <c The Commissioners, acting under the 21st article of the treaty between the United States and Spain, have adjusted most of the claims of our ci tizens, for losses sustained in consequence of their vessels and cargoes having been taken by the sub jects of his Catholic Majesty, during the war be tween France and Spain. " Various circumstances have occurred to delay the execution of the law for augmenting the milita ry establishment ; among these the desire of obta ; i> insr the fullest information to direct the best selec- o tion of officers. As this object will now be speedily accomplished, it is expected that the raising and organizing of the troops will proceed without ob stacle and with effect. " Gentlemen of the House of Represent at ives, cc I have directed an estimate of the appropri ations, which will be necessary for the service of the ensuing year to be laid before you, accompani ed with a view of the public receipts and expen ditures to a recent perusal. It will afford you sa tisfaction, to infer the great extent and solidity of the public resources, from the prosperous state of the finance, notwithstanding the unexampled em barrassments which have attended commerce. When you reflect on the conspicuous examples of patriotism and liberality which have been exhibited by our mercantile fellow-citizens, and how great a proportion of the public resources depends on their enterprise, you will naturally consider, whe* ther their convenience cannot be promoted and re- -16 THE ADMINISTRATION conciled with the security of the revenue, by 2 revision of the system, by which the collection is at present regulated. " During your recess, measures have been stea dily pursued for effecting the valuations and returns directed by the act of the last session, preliminary to the assessment and collection of a direct tax. No other delays or obstacles have been experienced, except such as were expected to arise from the great extent of our country, and the magnitude and novelty of the operation ; and enough has been accomplished to assure a fulfilment of the views of the legislature. * Gentlemen of the Senate, and " Gentlemen of the House of Representatives , " I cannot close this address without once more adverting to our political situation, and in culcating the essential importance of uniting in the maintenance of our dearest interests ; and I trust, that by the temper r.nd wisdom of your proceedings, and by a harmony of measures, we shall secure to our country that weight and respect to which it is so justly intitled." This speech of Mr. Adams forms the fourth specimen of the political oratory which graced the Presidential chair during the anglo-federal admin istration . Among the many forms and usages which America has borrowed from her mother-country, that of a President s Speech, at the beginning of every session, appears to be one of the most unfor- OF JOHN ADAMS. 247 tunate, though one which has been cultivated with the greatest zeal. A few lines of a complimentary address to the parliament of Britain, the studied composi tion of the minister of state, but delivered by the king, has given rise to the annual habit of an hour s declamation from the President of America, how ever trivial the circumstances of his communication may be, or however unfitted our chief-magistrate himself is for such a task. Although the speeches of our present President will ever form a con spicuous figure in the annals of rhetoric, it is not to be supposed his successors will all have the same strength of mind or power of language. The ad dresses of the venerable Washington are no longer remembered, and the lengthy orations delivered by Mr. Adams are now read with disgust ; but the province of impartial history requires their inser tion. A careful perusal of them will also repay the patient reader, who wishes to be acquainted with the designs of the late administration, as they show the character of Mr. Adams in a more conspicu ous light than all his other productions. The main topic of this last speech is our late dif ference with France. Mr. Adams says " that the Di rectory questioned the sincerity of our administra- / tion towards peace." They certainly did so, and upon the best grounds. Our love for peace was never to be demonstrated by an evident partiality to . the measures of Grenville and Pitt, and by virulence and contumely towards the Republicans of France. 248 THE ADMINISTRATION A desire for peace surely was not to be displayed by appointing men for our envoys whose principles were known to be of a monarchical bias. It was not a demonstration of wisdom, or of our aversion to hostilities, to prevent one of those ministers from treating, with whom the Directory were ready to treat. The voidance of a treaty entered into with France, and the breaking off all intercourse with her when she was assailed on every side by the ar mies of tyrants, were not the most manifest marks of our affection to her ; yet the rhetoric of Mr. Adams passes over these circumstances^ and dis covers in the views of France, new and cogent mo tives for the full developement of our energies and resources. The House of Representatives were occupied their usual time in preparing an answer to the Pre sident. On Friday, the 4th of December, they took in to c on ,! deration a proposition made by Mr. Har per, for printing 20,000 copies of the Alien and Se dition laws, which was agreed to. On the 18th of December, the Senate formed itself into a court of impeachment for the purpose of trying \Viiliam Blount for crimes and misde meanors against the United States ; but Mr, Blount having not appeared, they postponed the trial until Monday, the 24th of December, when Messrs. Dal las and Ingersoll, the counsel for Mr. Blount, put in their plea against the charge exhibited. Mr. Harper, in behalf of the managers, prayed for time OF JOHN ADAMS. 249 to be allowed them for making their replication, and Thursday, the 3d of January, was fixed upon for that purpose. On this day the impeachment of Mr. Blount was resumed in the Senate. The court being form ed, Mr. Bayard, who was chairman, presented a replication in behalf of the Representatives, setting forth, that as the arguments stated by Blount s coun sel respecting the House of Representatives not having, power to prefer the articles of impeachment and the Senate power to try them, were insufficient, their plea on that account ought not to be sustain ed, but that Mr. Blount should be compelled to answer to the articles of impeachment. Mr. Ingersoll, counsel for the defendant, said that the managers had favored him and Mr. Dal las with a copy of the replication, to which they had agreed to oppose a demur, which he present ed and the same was read. Mr. Bayard entered into a lengthy examination of the plea put in by Mr. Blount s counsel; he said their first objection to the jurisdiction of the Senate over the crimes with which the defendant was charged, was the privilege of a jury. He ob jected to the necessity of a jury in impeachments more than in Courts-Martial ; that the House of Representatives had examined the evidences in this case, and had solemnly given inquest of the guilt of the accused, and exhibited articles of impeach ment; but that the necessity of a jury, if proved, might be answered, as the Senate had power to li THE ADMINISTRATION Issue process for bringing a jury from the district where the crime was committed. ...besides, in cases of impeachment there might be two trials, and who ever heard cf two juries pronouncing verdict on one accusation ? Again, he objected that a Senator was not a civil cffijer in the United States, and therefore not con- stitutionally impeachable. He went into an elabo rate examination of those parts of the Constitution whereon the meaning was presumable by cpmmon law, and the same presumption must be taken with respect to a Senator s real situation. Who i hen on the presumption of common law was impeachable ? Agreeable to the jurisdiction of the Houses of Lords and Commons-, in England, it would be in the pow er of the Senate and Representatives to declare who should be impeached ; they were competent to it. The situation of a Senator was at times Legisla tive, Executive and Judicial. He referred to the sense of Congress in 1787, when the government cf the S. W. Territory (now Tenessee) was estate lished - 3 then it was the opinion of that House, that the members of the Legislature and Senate were civil officers ; and it was not a little remarka ble, that Mr. Blount voted in favor of that point which his counsel now disputed. He confessed he was aware that the counsel would oppose to this principle, that part of the constitution which they had not named in their plea, where itgave the Presi dent power to choose all civil officers. It would be said that a Senator was not acivil officer, because not OF JOHN ADAMS, 251? chosen by the President; but, he said, the clause alluded to had the words "under the government/ 1 which plain lv implied that there were offices in the government. ...the Senate are the Government: Against that he supposed it might be said that the Constitution provided that no civil officer should be a member of either House, meaning no officer of the President s appointing ; now if that was not the meaning, he insisted the Speaker could not be a- member of the House of Representatives. He agreed that it was not the distinct parts, but the main and general meaning of the Constitution, that the honorable council should be guided by in their decision of the point of jurisdiction before them. Regarding this, he particularly mentioned a> part where it was said, that no person who had ob tained a title from any foreign prince, should en joy any office in the United States. If, therefore, a Senator was not to be considered as an officer in the government, a dangerous principle might be in troduced contrary to the real intention of the Con stitution, as th^y may enjoy titles ; but this could- not be supposed to be its meaning. Another ob jection to the jurisdiction mentioned in the plea was, that the defenda.it was not now a Senator He hinted at this argument, in order to show that any officer might evade a trial by resigning his situ ation as soon as a crime was committed. It was also argued in the plea, that the crime charged was not during the execution of any trust,, or for mal-conduct in office. To this Mr. Bayard only* 252 THE ADMINISTRATION replied, that a Judge, heading an insurrection, did rot commit the crime in office ; but this could be no excuse from punishment. As to the last plea of the competency of common law jurisdiction, he opposed the principle. The President then told the counsel that they might reply ; but Mr. Ingersoll requested, as the hour of adjournment was arrived, and as the counsel wished to prepare an answer to the observ ations of Mr. Bayard, that it might be postponed until Friday. This day having met, Mr. Dallas delivered a very long, argumentative and ingenious speech, in defence of the plea which had been filed in behalf of the defendant, and in answer to the speech of Mr. Bayard. Mr. Dallas commenced his speech at half past eleven and did not close it till past three. On Saturday Mr. Ingersoll finished the defence in support of the plea, against the jurisdiction of the court ; after which Mr. Harper made a reply, in support of the jurisdiction of the Senate. The court then adjourned until Monday, when the ques tion was determined by 14 votes to 1 1 against the jurisdiction... .so that the impeachment fell to the ground. Although it is to be regretted, that such a con spirator as Blount should have escaped the punish ment due to his crimes, yet the decision was cer tainly favorable to the rights of the people ; for if once the right of impeaching members of Congress had been established, it would have proved a pow~ OF JOHN ADAMS. 253 erful engine of tyranny. The names of those mem bers who voted for this dreadful prerogative,, ought therefore to be marked as inimical to the liberty of this country. These were, Chipman, Davenport, Goodhue, Latimer, Livermore, Lloyd, Paine, Ross, Sedgwick, Stockton and Tracey. On the 18th of January, the President commu nicated to Congress several papers relative to the affairs of the United States with the French Re public, consisting of a letter from Mr. Pickering to Mr. Gerry, dated 25th June, 1798, a letter from Mr. Gerry to Mr. Pickering, dated 1st Oc tober, 1798, after his arrival in. this country, and the correspondence which took place in Paris be tween Mr. Gerry and the Minister for Foreign Af fairs, M. Talleyrand. Mr. Pickering censures Mr. Gerry in rather se vere and unjustifiable terms, for not having taken his departure from France along with Generals Pinckney and Marshall. " The respect," says he, " due to yourselves and to your country, irresisti bly required that you should turn your backs to a government that treated both with contempt ; a contempt not diminished but aggravated by the flattering but insidious distinction in your favor, in disparagement of men of so respectable talents, untainted honor and pure patriotism, as Generals Pinckney and Marshall, and in whom their govern ment and their country reposed entire confidence ; and especially when the real object of that dis tinction was to enable the French government, 254 THE ADMINISTRATION trampling on the authority and dignity of our own, to designate an envoy with whom they would condescend to negociate. It is therefore to be re gretted that you did not concur with your col leagues in demanding passports to quit the territo ries of the French Republic some time before they left Paris." Mr. Pickering also adds, that t( the President will never send another minister to France without assurances that he will be received, res pected and honored, as the representative of a great, free, powerful and independent nation." Mr. Gerry, in answer to the Secretary of State,, justifies his conduct upon the following grounds : " In consequence of his letter, (the Minister of Foreign Affairs) to the envoys, of the 18th of March, he renewed his proposition to me to treat separately ; and again received a negative answer. He then proposed that I should remain at Paris, un til the sense of the government could be obtained ; declaring, as before, that an immediate rupture would be the consequence of my departure. To have left France under such circumstances was a measure which I could not justify. The power of declaring war was not intrusted with the Supreme Executive of the United States, much less with a minister; and to have thus provoked it, would, in my mind, have been tantamount to a declaration thereof. Indeed, to have plunged the nation into a war suddenly, even if it was inevitable, appeared to me in other respects unwarrantable. Congress, who alone had the right to adopt this measure, might^ OF JOHN ADAMS. 255 "by such a premature step, have been defeated in their previous arrangements, and subjected toother manifest inconveniences, and the Executive might have been placed on grounds less advantageous for forming alliances, &c. whereas, my detention at Paris gained time, if this was requisite, and could not procrastinate a declaration of war, if the United States were prepared for it. Other considerations had their weight. " France, at that time, was making very formida ble preparations, with a professed design to over throw the British Government ; and such were the exertions and enthusiasm of her citizens, armies and administration, as to spread a general alarm throughout Great Britain. It was evident then, to common observation, that should France succeed, she would acquire by the powerful navy and re sources of Britain, such strength as ro be able to give law to Europe, and to regions more remote ; and it was rational to suppose that a coalition would be formed of such European powers as were not in the interest or under the influence of France, to put an end to the war, by offering their mediation, and declaring their intention to oppose the power which should refuse it. ...the temporizing negociations at Rastadt had this aspect ; moreover, the internal affairs of France were in an agitated state, and threatened civil commotions. If then, on the one hand, a new coalition against France, a change in her government, or even a successful resistance en the part of Great Britain had happen- *30 THE ADMINISTRATION ed, a favorable opportunity would have presented itself to the United States for obtaining of her a just and advantageous treaty ; and this would have been lost by a previous rupture in consequence of rny departure. If, on the other hand, Great Bri tain, unaided, had fallen, the United States would have been in a much better condition at peace than in war with the most formidable power the world had exhibited. In such an event they could have but small hopes of resisting France, and it might have been deemed madness in them even to have attempted it. For these reasons I thought it my indispensable duty to remain a short time at Paris." Mr. Gerry, in this letter, informs the Secretary of State, that w r hen he left Paris, from the best in formation he could obtain, the Executive Directo ry were very desirous of a reconciliation between the two countries. " Every impediment," he says, * c was adopted by the French Minister to prevent my departure." The displeasure of the French at Mr. Gerry s departure, evidently appears from the correspon dence that took place between Mr. Talleyrand and Mr. Gerry. , The first of Talleyrand s letters to Mr. Gerry, after the departure of the other Envoys, is couched in the most friendly and pacific terms ; it is dated the 3d of April, 1798. " To Mr. Gerry, Envoy Extraordinary of the United States of America, to the French Republic. " I suppose, Sir, that Messrs. Pinckney and Marshall have thought it useful and proper, in OF JOHN ADAMS* 257 consequence of the intimations, which the end of my note of the 18th of March, 1798, presents, and the obstacles which their known opinions have in duced to the desired reconciliation, to quit the ter ritories of the Republic. . In this supposition, I have the honor to point out to you the 5th or the 7th of this decade, to resume our reciprocal com munications upon the interests of the French Re public and the United States of America. "Receive, I pray you, the assurance of my perfect consideration, CH. MAU. TALLEYRAND." From the following letters of Talleyrand, it would also seem that he was entirely unacquainted with the mysterious interviews that took place be tween our envoys and the gentlemen whom they were pleased to designate by W. X. Y. Z. "MAY 30, 1799. " To Mr. Gerry, " I communicate to you, Sir, a London Gazette of the 15th of May last j you will there find a very strange publication. I cannot observe, without surprise, that intriguers have profited of the insula ted condition in which the envoys of the United States had kept themselves, to make proposals and to hold conversations, the object of which was evidently to deceive you, "I pray you to make known to me immedi ately the names denoted by the initials W. X. Y. and Z. and that of the woman who is described as having had conversations with Mr, Pinckney upon K k 258 THE ADMINISTRATION the interests of America ; if you are averse to sending them to me in writing, be pleased to com municate them confidentially to the bearer. " I must rely upon your eagerness to enable the government to fathom those practices, of which I felicitate you on not having been the dupe, and which you must wish to see cleared up." "JUNE 1, 1798. " To Mr. Gerry, C( I have received, Sir, your letter of yesterday; you inform me 1st. That the Gazette presented., contains all the informal negociations communica ted by the envoys to their government. 2d. That the persons referred to have not produced to your knowledge any authority, any document of any kind whatever to accredit themselves. 3d. That three of the individuals mentioned, (that is to say, in the order in which I have placed them) W. X. Y. are foreigners ; and the fourth, (that is to say) Z, acted only as messenger and interpreter, " Although I perceive your repugnance to naming those individuals, I must earnestly request you to yield it to the importance of the object. Be pleased therefore, 1st. Either to give me their names in writing, or communicate them confiden tially to the bearer. 2d. To name the woman whom Mr. Pinckney mentions. 3d. To tell me whether any of the citizens attached to my service and au thorized by me to see the envoys, told them a word which had the least relation to the disgusting pro- OF JOHN ADAMS. 259 position which was made by X. and Y. to give any sum, whatever, for corrupt distribution." " JUNE 4, 1798. " To Mr. Gerry, " Your letter of yesterday, Sir, has just been handed to me. You may render to me in perfect confidence, the names you mention to me under your hand and seal.,., I assure you, that they shall not be published as coming from you." Mr. Gerry s answer. <c The names of the persons designed in the communications of the Envoys Extraordinary of the United States, to their government, (published in the Commercial Advertiser of the llth of April last,) are as follows: "X. is M. . Y. is Mr. Bellamy. Z. is Mr. Houtval." Mr. Gerry has inserted the proper name of X. in this document, as given to Mr. Talleyrand : but the person designated by X. not having (like Y.) avowed himself, the promise made by the envoys to him and Y. " that their names should, in no event, be made public," is still obligatory on the Execu tive, in respect to X. and therefore his name has never been made known. No political negociation ever engaged or per plexed public curiosity, more than this still myste rious correspondence of X. Y, and Z. Whether the roguery of the business is to be placed with the Directory, with Talleyrand, with the American en voys or with the concealed persons, is a point upon 260 THE ADMINISTRATION "which no satisfactory proofs can yet be obtained. To form any probable opinion respecting it, we must, as in every other intricate transaction, exam ine the characters and views of the parties concern ed, and by comparing them together endeavor to discover upon which side the villainy lies. No three persons could have been sent by Mr. Adams, less acceptable to the Directory of France, than Pinckney, Marshall and Gerry. Pinckney, it is well known, was refused before, and had, on that account, in his letters to Pickering, which were published, and which the French must have seen, represented that people in the worst point of view. Sending such a character to Paris in order to ne- gociate a peace, was nearly an equal insult as if Mr. Pitt had sent to America the traitor Arnold in order to represent the court of Britain. John Mar shall was an improper character in several respects; his principles of aristocracy were well known. Talleyrand, when in America, knew that this man was regarded as a royalist, and not as a republican, and that he was abhorred by most honest charac ters. Mr. Gerry was the least exceptionable of the three ; but Gerry was never by nature intended fora diplomatic character, no more than Mr.Adams^ they were both natives of that soil cc in which no salutary plant takes root." In short, if Mr. Adams had wished to declare war against France, he could not have adopted a more explicit mode of making known his sentiments, than by sending this trium- OF JOHN ADAMS, 1261 virate to treat for a peace. The French, notwith standing, appeared to manifest every desire to ne- gociate ; the Directory, it is true, did not admit the envoys to an audience; but the Minister for Foreign Affairs was empowered to treat with them, and every effort was used on his part to effect a nego- ciation....but they neither would condescend to wait upon him together, or separately ; their time was otherwise occupied, either in chatting with X.Y. and Z. or in composing elaborate epistles to Mr. Pickering, complaining of the insolence of Mr. Talleyrand and the roguery of the Directory. Two of them, Pinckney and Marshall, at length departed, but not in the most honorable manner. An unhappy female of a respectable family in Paris, lost her reputation in their company : Her pa rents, to screen themselves from the odium of in triguing with the ambassadors of a foreign country, turned her out of doors. She applied to Pinckney for leave to accompany him to America, which, it is said, he granted, and fixed a day for their depar-, ture, but went off without either giving her notice, or a compensation for the loss of her virtue. The helpless lady was obliged to solicit the chanty of Mr. Gerry, who also promised, she said, to conduct her to America, but afterwards left her as Mr. Pinckney. When all the embassy were fled, she applied to the Captain of an American vessel, who, on the faith of her story, gave her a passage to Charleston ; but she had no sooner arrived, than she was apprehended as a female spy. A few ten-. 262 THE ADMINISTRATION der and affectionate cards, which had been address ed to her by her lovers, and which she carried along with her as passports, were twisted into bills of treason ; two or three small trunks containing wear ing apparel, which constituted all her property, were, with the same facility, framed into tubs of seditious papers, for the purpose of distribution among the slaves of the southern States. What afterwards became of the unfortunate lady^ we know not ; whether Pinckney and Marshall recognized her, or whether she was drove to the hard necessity of working for her own support and that of a help less infant, the only known benefit procured to the United States from the embassy of Pinckney, Mar shall and Gerry. To return from this digression, let us observe the conduct of Mr. Gerry : This gentleman often insi nuates and sometimes even asserts, that Talleyrand told him he might rely on any information given by Mr. Y. ; but from the correspondence between him and Talleyrand respecting their names, it evi dently appears that the latter was totally igno rant of any offers ever made by him. As Mr. Gerry has never attempted to contradict Talleyrand in this matter, but seems to acquiesce in it, we must infer that the whole story of ,.50,000 sterling, as a douceur, and 16 millions of Dutch rescrip- tions by way of loan, was either a fabrication of X.Y. andZ. or of our own envoys, or perhaps of both. If there was any reality in the said bribe, it proceeded from a very different quarter .OF JOHN ADAMS. 263 than either Talleyrand or the Directory.... X. and Y. were most probably agents for the privateers- men, and the <. 50,000 was intended for their pockets, and not for that of the French minister. Some words dropped by Mr. X. and related by the envoys in their dispatches, appear to confirm this supposition. " He said that all the members of the Directory were not disposed to receive our money; that Merlin, for instance, was paid from another quarter, and would touch no part of the douceur which was to come from us." We replied, " that we had understood that Merlin was paid by the owners of the privateers ; and he nodded an assent to the fact." A late publication published in Paris, in vindication of the conduct of Talleyrand, even insinuates that Pinckney was leagued with the pri vateer merchants ; and that most of the privateers fitted out in the French ports, were the property of Americans. We trust that neither Mr. Pinckney nor any of our consuls were engaged in such a nefarious trade, although it must be allowed, there were several citizens of the United States who en riched themselves upon the spoils of their country men. The same publication affirms, that X. and Y. were the proprietors of several privateers at Bourdeaux and Dunkirk. If this be true, it is not surprising that they should have exerted every scheme to prevent a reconciliation. At all events, our envoys deserve the greatest censure for having been duped by such swindlers. 261- THE ADMINISTRATION The following were the Acts passed this Session? of Congress : 1 . An act for the punishment of certain crimes therein specified. 2. An act respecting ballances reported against certain States, by the commissioners appointed to settle the accounts between the United States and the several States. 3. An act to alter the stamp duties imposed upon foreign bills of exchange and bills of lading > by an act, intitled, " An act laying duties upon stamped vellum, parchment and paper/* and further to amend the same. 4. An act further to suspend the commercial intercourse between the United States and France, and the dependencies thereof. 5. An act for the relief of Jonathan HaskilL 6. An act to authorize the reimbursements of monies expended in rendering aid to sick and destitute American seamen in foreign countries. 7. An act for the relief of Gazzan, Taylor and Jones, and of Samuel Watt of the city of Phila delphia. 8. An act appropriating a certain sum of mo ney to defray the expence of holding a treaty or treaties with the Indians. 9. An act for the augmentation of the navy. 10. An act authorising the establishment of docks. 1 1 . An act authorizing the purchase of timber for naval purposes. OF JOHN ADAMS. 265 1 2. An act respecting quarantine and health laws. f 13. An act fixing the pay of the captains and commanders of ships and vessels of war of the United States. 14. An act to amend the act, intitled, (< An act to provide for the valuation of lands and dwelling houses, and the enumeration of slaves within the United States." 15. An act providing compensation for the marshals, clerks, attornies, jurors and witnesses in the courts of the United States, and to repeal cer tain parts of the acts therein mentioned, and for other purposes. 16. An act for the relief of Thomas Lewis. 17. An act to amend an act, intitled, " An act giving effect to the laws of the United States with in the district of Tennessee." 18. An act making appropriations for defray ing the expences which may arise in carrying into effect certain treaties between the United States and several tribes or nations of Indians. 19. An act allowing James Mathers compensa tion for services done for the United States, and expences incurred in rendering said services, as serjeant at arms to the Senate. 20. An act altering the time of holding the Dis trict Court in Vermont. 21. An act concerning French citizens that have been cr may be captured, and brought into the United States. LI 266 THE ADMINISTRATION 22. An act giving eventual authority to the President of the United States to augment the ar.i 23. An act to provide for the security of bail in certain cases. 24. An act to augment the salaries of the offi cers therein mentioned. 25. An act to regulate the medical establish ment. 26. An act to grant an additional compensation for the year 1799, to certain officers of the Senate and House of Representatives of the United States: 27. An act for the government of the navy of the United States. 28. An act to establish the compensations of the officers employed in the collection of the duties on imposts and tonnage, and for other purposes. 29. An act authorizing the augmentation of the marine corps. 30. An act to erect a beacon on Boon Island. 31. An act to regulate and fix the compensa tion of clerks. 32. An act to establish the Post-Office of the United States. 33. An act to amend the act, intitled, cc Anact regulating the grant of lands appropriated for mili tary services, and for the society of the United Brethren for propogating the gospel among the heathens." 34. An act making appropriations for the sup- OF JOHN ADAMS. 267 port of government for the year one thousand seven hundred and ninety-nine. 35. An act to regulate trade and intercourse with the Indian tribes, and to preserve peace on the frontiers. 36. An act in addition to an act for the more general promulgation of the laws, 37. An act authorizing the President of the United States to fill certain vacancies in the army and navy. 38. An act making additional appropriations for the year 1799. 39. An act vesting the power of retaliation In the President in certain cases. 40. An act respecting the distillers of Geneva. 41. An act for the relief and support of A.neri- ean seamen. 42. An act to alter and discontinue certain post-roads and to establish others. .43. An act for the better organizing of the troops of the United States. 44. An ,act authorizing the sale of lands be tween the great and little rivers Miami ia the United States Territory, N. W. of the river Ohio, and for giving pre-emption to certa : n persn.v;. 45. An act for the relief of Comfort Sands and others. 46. An act to establish the salary of the Deputy Post-Master-General. 47. An act to regulate the collection of duties sn imposts and tonnage. 268 THE ADMINISTRATION 48. An act for the support of the naval establish ment for the year 1799. 49. An act for the support of the military estab lishment for the year 1799. 50. An act in addition to the act for the relief and protection of American seamen, and further to amend the same. CHAPTER IX. Dr. Logan.... Capture of rinsurgente.... Murder of Neale Harvey. ...Trial of Dr. Reynolds, Duanc and others.... At tack upon the Aurora Office..., Case of Ebenezer Giles. IN Summer., 1798, soon after the publication of our envoy s dispatches, a transaction occurred, that unveiled the designs and wishes of the conspira tors for a French war. Dr. George Logan, a native of Pennsylvania, and a citizen of independent for tune, set out from Philadelphia on a voyage to Europe. Having landed at Hamburgh, he met with Gene ral la Fayette, who procured him the means of pur suing his journey to Paris, where he arrived on the 7th of August, 1798. Upon enquiry of the Con sul-General of the United States, he was informed our Commissioners had left that city, without hav ing accomplished the object of their mission, and OP JOHN ADAMS. that all negcciation was at an end.... Further, that an embargo had been laid on all American shipping / in the ports of France, and that many of our sea men were confined as prisoners. Dr. Logan justly supposing that there was no law, moral or political, which could prevent him from benefiting his country, availed himself of every legal means to procure an interview with influential characters. Through the politeness of a foreigner of distinguished talents, whose name is not mentioned, Dr. Logan was introduced to citi zen Merlin. ...This Director and.. man of science, Dr. Logan frequently visited afterwards on the footing of a private friend. On one of these occa sions Merlin informed him, that France had not the least intention to interfere in the public af fairs of the United States, that his country had ac quired great reputation in having assisted America to become a free republic, and that they never would disgrace their own revolution by attempting the destruction of the United States. He observ ed, that with respect to the violation of our flag, it was common with all neutrals, and was pro voked by the example of England, and intended to place France on an equal ground with her, so long as she should be permitted, by the neutral powers, to avail herself of their resources. ...but that the government of France, averse to such a competition, were contemplating measures to make their laws more favorable towards neutral nations. In con firmation ot this declaration. Dr. Logan received, THE ADMINISTRATION whilst at Bourdeaux, a letter from the Consul-Gen eral of the United States, dated Paris, August 30th, in which the Consul informed him that the report of France adopting a more liberal system in regard to the flag and property of neutrals, was gaining ground every hour. Dr. Logan, believing that this manifestation of friendship on the part of the Republic of France, would be highly acceptable to his country, he of fered his services to Mr. Skipwith,the Consul-Gen eral, to be the bearer of his dispatches to the Presi dent of the United States. A duplicate of the same dispatches had been forwarded by some other chan nel. When Doctor Logan, therefore, after his ar rival, presented them to Mr. Pickering, in place of being cordially received or thanked for his trouble, he was simply informed that they were of no im portance, as their contents had been already re ceived. Insinuations of treason were thrown out against him, and agreeable to the federal custom, Mrs* Logan was also reviled, a lady, in whose character, the utmost diligence of malice has not been able, more than in that of her husband, to discover a single stain. To these slanderous accusations, Dr. Logan can oppose the blessings of hundreds of his country men, whom he has saved from the risk of ruin. At Bourdeaux he received, upon September 8th, 1798, an address subscribed by fourteen masters of ships, and other persons, whose property he had preserved from confiscation. He also procured OF JOHN ADAMS. 271 freedom for a considerable number of seamen. For these services, at the sitting down of Congress, in December, 1798, the \yhole federal faction broke loose upon him. Thatcher, Harper and Otis, at tacked him with all their fury. As a vindication of his character, he published the following letter, dated Bourdeaux, September 8th, 1798 : "SlR, " A habit of trade of many years standing with the United States of America, has, in the late diffi culties between the two countries, enabled us to feel how much we are indebted to your laudable endeavors to prevent this country from acting hos- tilely, after the late occurrences in America ; and how much we are beholden to you in particular, for the convincing proof of the good intentions of this government, in taking off the embargo they had laid on all American vessels. Pray excuse this abrupt manner of delivering our sentiments ; but as acting for our friends in America, we find our selves more particularly obliged. ...we feel ourselves gratified in thus assuring you of our esteem ; we wish you a successful passage over to America, and remain, Sir, your cordial friends, SKINNER, FENWICK Sf BROWN. "To Dr. LOGAN, of) Philadelphia." } In the beginning of this year, (1799) hostilities were openly commenced between the Republic of France and the United States. The first engage- / ment of any importance, between the two powers, was fought on the 9th of February, by ITnsur- 272 THE ADMINISTRATION gente of 40 guns, Captain Bureaut, and the Con stellation of 38 guns, Commodore Truxton. Vic tory proved favorable to us, and 1 Insurgente was captured ; but the glory of the day was cloud ed by an unfortunate accident, the death of one of the seamen on board of Truxton s vessel, occa sioned by a stab, received from the 3d Lieutenant of the Constellation. Neale Harvey, was the name of this unfortunate young man, and Andrew Sterret, that of the officer. Whether Harvey actually de serted his station during the action, is a matter not ascertained : but humanity must incline us to be lieve that Sterret thought so, before he plunged a sword into the bowels of a fellow-citizen. The affair, however, might have been buried in obli vion, had not Sterret s imprudence urged him to publish it to the world, in a letter to his father.... " One fellow (says Sterret) I was obliged to run through the body, and so put an end to a cow ard. You must not think this strange, for we would put a man to death for even looking pale on board this ship." On this occasion we must certainly blame both the silence of Truxton and that of our administration. The duty which they owed to their country, ought certainly to have compelled a public investigation of the affair, which it is to be hoped would have turned out, notwithstanding its untoward aspect, to Sterret s honor ; and removed from the character of that brave officer, a stain which will ever blot the most praise-worthy action he can perform. But Mr. Adams received the intel- OF JOHN ADAMS. 273 Jigence with equal indifference as Truxton beheld it ; and without any investigation which we know of, promoted Mr. Sterret with the other officers. The day of Truxton s victory, which was on Sun day, is remarkable on another account. A motion was to have been made in Congress the Monday fol lowing, for a repeal of the Alien law of 1798, ...In order to promote this repeal, Dr. Reynolds, Mr. Duane, and several other gentlemen of Philadel phia, went to St. Mary s Church and placed upon the doors, petitions to Congress for that purpose, with the intention of receiving the signatures of those of the Congregation who were Aliens. No proceeding could have been more harmless, and unexceptionable than this ; but the appellation of Alien was synonymous with Jacobin in the under standing of the tory Christians. The alarm of sedi tion and treason was sounded in the church ; the pious priest dropped the bible, and out rushed the federal mob. A desperado, of the name of Gallagher, at the head of several ruffians, attacked Reynolds, knocked him down, then kicked him, and mal-treated his friends in the same manner. The petitions were torn from the door, and a flam ing report of the suppression of the Alien Riot, as it was called, appeared in the federal papers next morning. The federalists, not satisfied with their victory, were determined, if possible, to accomplish the ruin of Reynolds and his companions. They there fore accused the former of an intention to murder Mm 274 THE ADMINISTRATION Gallagher, and the latter of a riot and assault at St. Mary s Church, Their trial was brought forward the 22d of the same month, and, most probably, had it not been for several republicans who fortunately were upon the jury, they would all have been found guilty, and received the punishment which a par tial court might award ; but the sound judgment of the few prevailed over the bigotted prejudice of the many, and a verdict of acquittal was in conse quence given, Enraged at this verdict, the enemies of liberty and order resolved no longer to be trifled with the * forms of law and the caprice of a jury. A band of upwards of thirty took the oath of vengeance. The names of the leaders of this conspiracy were, John Dunlap, J. B. M Kean, Peter Mierckin, George Willing, Joshua B. Bond, Owen Foulke, Jonathan Robeson, Edward Shoemaker, John Singer, Wil liam Lewis and James Simmons. On the 15th of May they entered the office of the Aurora ; one party with pistols in their hands, acted as centinels upon the compositors and pressmen, while an other party kept at bay several strangers who were in the office. Peter Mierckin, with several of his followers, then attacked Mr. Duane, the object of their malice. The former knocked him down, while the latter ruffians held his hands. Bleeding and senseless, they dragged him down stairs into Franklin court, and there satiated their vengeance by repeating their blows upon Mr. Duane and his affectionate son, a boy of sixteen, who threw him- OF JOHN ADAMS. 275 self Across the body of his father, to screen him frorrr- the blood-thirsty barbarians. They would have proceeded to have demolish ed the whole building, had not the republicans by this time received notice of the savage scene, . and proceeded to the relief of their patriot. Notwithstanding this most unprovoked and unwarrantable assault, Mr. Duane found it imprac ticable during the administration of Mr. Adams, to obtain the smallest redress for the injuries which his person and property had sustained ; it was not until the month of April last, two years after wards, that their trial could be brought forward. The only compensation he then received, did not exceed two hundred dollars. Among the various insults which the American flag had suffered during this and the preceding year, from the cruisers of his Britannic Majesty, the treatment of Ebenezer Giles, commander of the schooner Betsey, of Beverley, in Massachusetts, me rits particular attention, both on account of the sin gular barbarity, which disgraced the British on that occasion, and the tame conduct of the President, and Mr. Pickering, when they heard of the out rage which the honor of their country had sustain ed. The protest of Captain Giles and his crew, give the fullest account and are the best proofs of this unprovoked attack from a British ship of war. " Commonwealth of Massachusetts. "By this public instrument, be itmade known and manifest, that on the 2 1 st of May, 1799, befo re 276 THE ADMINISTRATION me, Joseph Ward, Esq. Notary Public, by legal au thority admitted and sworn, and practising in Bev erly, in said county of Essex, personally came and appeared, Ebenezer Giles, Commander of the schooner Betsey, of said Beverly, and James Wil son, Mate, and Allen Stickland and Joseph Patch, seamen, belonging to the said schooner, who after being severally sworn to declare the truth., declared on oath, that they were on the twenty-seventh day of April, 1799, at the Island of St. Vincent, at a place called La You Bay, on board said schooner, there waiting for his British Majesty s ship of war called the Daphne, to pass by, who was previously engaged to convoy a fleet of merchantmen from that island to St. Christopher s ; and on Saturday the 27th day of April aforesaid, about twelve o clock at noon, the convoy hove in sight, and about three o clock, P. M. we came to sail, and stood out of the bay j and about twenty minutes past three, P. M, the ship Daphne stood athwart our stern, and hailed us, and requested to know if we had instructions from their ship, which we answered in the affirmative. They ordered the Betsey to bring too ; we then be ing by the wind close hauled, hove the main-top sail to the mast, and put the helm a-lee ; the Daph ne still continued her course close by the land ; the schooner Betsey lay too until about half the fleet convoyed, had passed by them, then made sail and stood on with the fleet ; at about 4 o clock P. M. observed the Daphne s boat coming towards us ; they called to us to heave the main-top-sail to the OF JOHN ADAMS. 277 mast, which was immediately done, and the boat came under our lee-stem, or forward our main chains; we hove a rope to the boat, which they caught in midship of her, which boat lay stem on the schooner, and neglecting to pass the rope into the bows to catch a turn to wind her, as Captain Giles wished him to do in a polite and respectful manner, and after a short time, they slip t their hold and dropped a-stern. We then hove the fore-top sail to the mast, dropped the fore and main peaks, and let fly the jib sheets, to wait for the boat to come up with us, which she did in four or five min utes ; as she came along side, Captain Giles said to the officer on board the boat, " my friend, I was very sorry to have seen you drop a-stern." He answered, " you damned rascal, do not call me your friend." The Captain of the Betsey then told him, that he hoped he should not find him to be his enemy, and particularly the ship Daphne. The officer then placed one of his men from the boat, on board the schoon er to the helm, and ordered all our sails set, which was immediately done, and stood for the Daphne, and still continuing to treat the Captain of the Betsey with insulting and abusive language, and demand ed of said Giles his instructions which were receiv ed from the Daphne, which were delivered up to him. As we came a-breast of the ship, the officer returned on board the ship, taking the said instruc tions with him. After a few minutes, some per son on board of the ship informed us that they should send their boat on board of us again. The 278 THE ADMINISTRATION boat soon came along side of us, and commanded Captain Giles on board of the ship immediately, He instantly complied, and went with the officer on board of the ship. Immediately after he arrived on board, the said James Wilson, Allen Stickland and Joseph Patch, on their oath, testify and swear, that they saw two men on board of the said ship violent ly beating Captain Giles, one of them with a large piece of rope, and the other with his fist, and con tinued to do so for the space of more than thirty minutes, to the best of their judgment, and some times by the violence of the blows received, he was struck down ; and they soon after sent Captain Giles. on board the Betsey, who, when he came along side, was not able to stand or walk, by reason of the barbarous treatment he had received on board the said ship.... And they further testify, and say that they took Captain Giles on board his schoon er in the cabin, and took off his jacket, (as he was not able to take it off himself) and found it much striptand torn by force of the blows of the rope s end ; also with great surprise saw blood issuing from his mouth and nose, occasioned by the force of the blows of the fist, or the falls on the said ship s deck (to them uncertain which) whilst he was on board ; and on further examination found his back and arms unmercifully bruised, and turned black with large wales on the same, occasioned by the cruel and most unnatural treatment he receive d on board the said ship ; and further say, that Captain Giles was not able for the term of four days at OF JOHN ADAMS. 279 least, to come on deck, or do his duty, neither has he fully recovered his health, as before enjoyed^ to this clay. " In further confirmation of the above written, we have hereunto set our names, after being first sworn to the truth of the foregoing protest : EBENEZER GILES, Master. JAMES WILSON , Mate. JOSEPH PATCH. ALLEN STICKLAND. " And the aforesaid affidavit, Ebenezer Giles, at the above said time and place, in addition to the foregoing, by himself further testifieth on oath, and doth declare, that he received his instructions from the ship Daphne on the twenty-fifth day of April, 1799 ; and informed the commander of the ship, that his schooner lay at a place called La You Bay, about two leagues to leeward of the port of Kingston, at which place the Daphne lay ; and that on the 27th day of the same month, he joined the fleet as be fore expressed ; and was commanded to go oa board the ship as aforesaid, and when he came alongside of the said ship, and was passing over the side, the deponent on oath declares, that the Captain of the said ship called to him, and told him he would let him know what it was to pay a dis respect to a man of war, and immediately called for a boatswain s mate. That he then asked the Captain what he designed by his disrespect; the answer was, " you damn d rascal, not a word." He asked the Captain if he was not allowed to speak 280 THE ADMINISTRATION in his own behalf, which was answered," what, by you a damned rascal !" and much more abusive lan guage ; and ordered the boatswain s mate to take a rope s end to the damn d rascal ; who, very readi ly, began to beat him, the said deponent, with a rope of 2 4 inches, (and the Captain followed the the same, with blows of his fist) until the rope was fagged out eight or nine inches in length ; then one other boatswain s mate was called by the Captain, who immediately appeared, and the Captain of the ship ordered him to find a rope that was pointed, and to lay it on well to the damn d. rascal, and then he began to beat the deponent accordingly, agree able to the instructions from his inhuman comman der. The deponent begged of the Captain not to murder him in that manner, in God s name ; the return was a blow with the Captain s fist, which brought the deponent down. The Boatswain still continued to strike the deponent until he received about forty-seven stripes, and then he quitted the deponent, and the Captain of the ship ordered the officer, who brought him on board, saying, " Mr. Mettinay, put this damned rascal on board of his vessel, and return with the boat immediately." In further confirmation of the truth of the foregoing protest, I do hereunto set my hand, EBENEZER GILES, Master. " The deponents do, therefore, protest, and I the said Notary Public, at their instance and request, do by these presents, solemnly protest against the Captain of the said ship Daphne, and the British OF JOHN ADAMS. 281 government for the aforesaid cruel and barbarous treatment, and for all losses, costs, suits, expences and damages that have arisen, or may rise thereon, " In testimony whereof, I, the said Notary, have hereunto set my hand, and affixed my Notarial Seal this twenty-first day of May, 1799. " JOSEPH WARD, N. P." Several letters passed between the Secretary of State and Captain Giles, respecting this business, but without any satisfaction to the latter ; for no proper explanation was ever demanded from the English Government for the conduct of the com mander of the British frigate. CHAPTER X. Trial of John Fries , for High Treason. JOHN FRIES of the county of Northampton, in Pennsylvania, was, on the 1st of May, 1799, indict ed in the Circuit Court, held at Philadelphia, for levying war against the United States, by opposing the assessors for the direct tax. Judge Iredell delivered his charge to the Grand Jury, on the llth of April. Of all the charges which had hitherto been given by the Federal Judges, this charge of Judge Iredell ap peared to be the greatest insult offered to the feel- N n 282 THE ADMINISTRATION ings of a free people. Liberty he compared to the religion of Mahomet, which was propagated by the sword : Nations, who became free, he said? were placed under French guardianship.... French arsenals were the repository of their arms ; French treasuries of their money ; and the city of Paris of their curiosities. After this display of metaphy sical jargon, he proceeded to an investigation of the Alien and Sedition bills, which he attempted to vindicate, and to prove their consistency with the constitution of the United States. He then enter ed upon a labored disquisition of treason, gave quotations from Judge Hale and Blackstone, and concluded by praying that God might preserve all lovers of subordination from being trampled under the feet of Jacobins. On Wednesday the 1 st of May, the prisoner, John Fries, was brought to the bar. Upon the in dictment being read, charging him with having unlawfully, maliciously and traitorously compas sed and levied war, insurrection and rebellion, against the United States, he pleaded not guilty. The several particulars of thes-e charges are narra ted in the following address of Mr. Sitgreaves, who opened the trial, on the part of the government: " Gentlemen of the Jury, " By the indictment which has been just read to you, you perceive that John Fries, the prisoner at the bar, has put himself on trial before you on an accusation of having committed the greatest of fence which can be perpetrated in this or any OF JOHN ADAMS. 283 other country ; and it will devolve on you to de termine, according to the evidence which will be produced to you, on the important question of life or death. It is the duty of those that prosecute, to open to you, as clear as they are able,. those prin ciples of law which apply to the offender; and then to state to you the testimony with which the accusation is supported. This duty has devolved upon me, and I hope, while I regard my duty as accuser, I shall do it in such a way as shall do no injustice to the prisoner. However, if I should be incorrect, there are sufficient opportunities for me to be corrected, by the vigilance which the coun sel engaged on behalf of the prisoner will use, and the order which the court will observe. These are sufficient to correct any mis-statements, but I will use my utmost endeavors to be guilty of none. "The prisoner is indicted of the crime of treason. Treason is defined in the constitution of the Uni ted States, Sections, Art. 3, in the words following: " Treason against the United States, shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort." " This crime appears to be limited to two descrip tions : the one levying war against the United States, and the other adhering to its enemies. With re spect to the latter branch of the description, there will be no occasion for any explanation, or to call your attention in the least to it, because it is not charged upon the prisoner ; he is charged with having committed treason in levying war, 284 THE ADMINISTRATION ee This expression, phraseology or description, as adopted by our constitution, is borrowed from a statute of Great Britain, passed in the reign of Ed ward III. which has, ever since it passed, com manded the veneration and respect of that nation, almost equal with their great charter; it is consi dered as a great security to their liberties. Indeed, the uniform and unanimous consent given to this statute, through a great lapse of time, by the most able writers on law, its never having undergone the least alteration amidst the most severe scrutinies, and its adoption into the constitution of the United States, without the least amendment, are sufficient encomiums to prove its worth. I shall state to you, as far as is necessary to the present application of that statute, the most able and judicious exposi tions, but without recuring to a variety of authori ties which might be quoted. cc The crime of treason, as it has been laid down by those writers generally allowed to be the most able on law, whose accuracy is unquestionable, is the highest crime that can possibly be committed against the good government of a nation, and a con siderable inroadinto theliberties of a subject. In dis cussing thiscrime,Ishallonlyrecurtothenoteswhick I have taken, and my own knowledge of the law ; if that statement should be inaccurate, there are suf^ ficient opportunities for amendment in the course of this trial. Treason consists in levying war against the government of the United States : it may confidently be said not only to consist in joining OF JOHN ADAMS. 285 or aiding the hostile intentions of a foreign enemy, nor is it confined to rebellion, in the broad sense in which that word is generally understood, or in the utter subversion of the government, and its fundamental institutions; but it also consists in the raising a military force, from among the people, for the purpose of attaining any object with a design of opposing the lawful authority of the government, by dint of arms, in some matter of public concern, in which the insurgents have no particular interest, distinct from the rest of the community. This is the best description of the erime of treason, as it relates to the matter before you, which I am able to give. A tumultuously raising the people with force, for the purpose of subverting or opposing the lawful authority of the government, in which those insurgents have no par ticular interest distinct from the people at large. " Agreeable to the division made in the definition of treason by Lord Hale, it must consist both in levying war, and in levying war against the gov ernment of the United States. Respecting levying war, it is to be understood, agreeable to the most approved authorities, that there must be an actual military array. I mention this, because I think it proper to be particular in so essential and important an enquiry; and because I think we shall prove to you that this was actually done by the prisoner. Another thing I wish you to bear in mind is, that war may be sufficiently levyed against the United States, although no violence be used, and although 286 THE ADMINISTRATION no battle be fought. It is not necessary that actual violence should take place, to prove the actual waging of war. If the arrangements are made, and the numbers of armed men actually appear, so as to procure the object which they have in view, by intimidation as well as by actual force, that will constitute the offence. "It must be war waged against the United States : This is an important distinction. A large assembly of people may come together, in whatever num bers, however they may be armed or arrayed, or whatever degree of violence they may commit, yet that alone would not constitute treason : the trea son must be known ; it must be for a public and not a private revenge ; it must be avowedly levying war against the United States. If people assemble in this hostile manner, not only to gratify revenge or any other purpose independent of war against the United States, it will only amount to a riot ; but if it is an object in which the person has no particu lar interest, this constitutes the offence of treason. There are a variety of instances, which might be produced in order to illustrate this definition of the law; but it is not necessary to turn to them. Suffice it to say, that it is the intention, or end, for which an insurrection is raised, which constitutes the crime. This, of course, you will have in mind when the testimony is gone into. I will just observe, as applicable to this case, that one instance, which is defined, of the crime of treason is, to defeat the ope ration of the laws of government; any insurrection, OF JOHN ADAMS. 287 I will be bold to say, to defeat the execution of the public laws, amounts to treason. Having given you this explanation of treason, so far as I suppose is connected with the present awful occasion, I shall now proceed to state the amount of evidence we mean to produce, in order to prove that the unhap py prisoner was guilty of that high crime. "It will appear, gentlemen, from the testimony which will be presented to you, that during the latter months of the year 1798, discords prevailed to an enormous extent throughout a large portion of the counties of Bucks, Northampton and Mont gomery, and that considerable difficulties attend ed the assessors for the direct tax in the execution of the duties of their assessment. It is not in the nature of this enquiry to explain for what purpose or by what means the opposition was made ; it is not necessary to say, w r hether the complaints urged, were well or ill founded, because it is a settled point, that any insurrection for removing public grievances, whether the complaints be real or pre tended, amounts to treason, because it is not the mode pointed out by law for obtaining redress. It will then be sufficient to shew you, that discontents did exist, and that in various townships of those counties ; that in several townships, associations of the people were actually formed, in order to prevent the persons charged with the execution of those laws of the United States, from performing their duty upon them, and more particulary to pre vent the assessors from measuring their houses. 288 HIE ADMINISTRATION This opposition was made at many public town ship meetings, called for the purpose; in many in* stances, resolutions were entered into and reduced to writing, solemnly forwarning the officers, whose duty it was to execute the laws, and these many times accompanied with threats, if they should per form that duty. Not only so, but discontents pre vailed to such an height, that even the friends of the government in that part were completely sup pressed, by menaces against any who should assist those officers in their duty ; repeated declarations were made both at public as well asprivate meetings, that if any person should be arrested by the civil authority, such arrest would be followed by the ris ing of the people, in opposition to that authority, for the purpose of rescuing such arrested prison ers : it \vill appear to you farther, gentlemen, in the course of evidence, that during those discontents, indefatigable pains were taken by those who were charged with the execution of the laws, to calm the fears and to remove the misapprehensions of the infatuated people ; for this purpose, they read and explained the law to them, and informed them, that they were misled into the idea, that the law was not in force, for that it actually was; at the same time warning them of the consequences which would flow from opposition, and this was accompanied with promises, that even their most capricious wishes would be gratified on their obe dience. The favor was in many instances granted, that where any opposition was made to any certain OF JOHN ADAMS. 289 person executing the office of assessor, in some- townships proposals were made for the people to choose for themselves, but notwithstanding this accommodating offer, the opposition continued. " After having showed to you the general extent of this combination and dangerous conspiracy, which existed in all the latitude I have opened to your view, we shall next give in evidence full proof that the consequences were actual opposition and resistance : in some parts violence was actually used, and the assessors were taken and imprisoned by armed parties, and in other, mobs assembled to com pel them either to deliver up their papers or to resign their commissions; that in some instances they were threatened with bodily harm, so that in those parts, the obnoxious law did remain unexecuted in con sequence of this alarm. Seeing the state of the insurrection and rebellion had arisen to such a height, it became necessary ^ in order to support the dignity, and indeed the very existence of the go vernment, that some means should be adopted to compel the execution of those laws, and warrants were in consequence issued against certain per sons, who had so opposed the laws ; these pro cesses being put into the hands of the marshal of the district, were served upon some of them : in ?ome instances during the execution of that duty, the marshal met with insult, and almost with vio lence ; having, however, got nearly the whole of the warrants served, he appointed head-quarters hi these prisoners to rendezvous at Betheleni, where Oo v TH*E ADMINISTRATION some of them were to enter bail for their appear ance in the city, and others were to come to the city in custody for trial. It -will appear to you, that on the day thus appointed for the prisoners to "meet, and when <a number of them had actually assembled agreeable to appointment, that a num ber of parties in arms, both horse and foot, more than one hundred men accoutred with all their mi litary apparatus, commanded in some instances by their proper officers, marched to Bethlehem, col-, leered before the house in which were the marshal and prisoners, whom they demanded to be delivered up to them, and in consequence of refusal, they proceeded to act very little short of actual hostility, so that the marshal deemed it prudent to accede to their demands, and the prisoners were liberated. " This, gentlemen, is the general history of the insurrection : I shall now state to you the part which the unfortunate prisoner at the bar took in those hos tile transactions. It will appear that the prisoner is an inhabitant of the township of lower Milford, in the county of Bucks ; that some time in February last, a public meeting was held at the house of one John Kline in that township, to consider, in rela tion to this house-tax, what was to be done ; that at that meeting, certain resolutionswere entered into, and a paper signed, (we have endeavored to trace this paper so as to produce it to the court and jury, but have failed ;) this paper was signed by fifty-two persons, and committed to the hands of one of their number : John Fries was present at this meeting, G F JOHN ADAMS. 291 and assisted in drawing up the paper, at which time his expressions against this law were ex tremely violent, and he threatened to shoot one of the assessors, Mr. Foulke, through the legs, if he did proceed to assess the houses. Again, the pri soner at a vendue threatened another of the asses sors, Mr. S. Clarke, that if he attempted to go on with the assessments, he should be committed to an old stable, and there fed on rotten corn. We shall further prove, that upon its being intimated by some of them to Mr. Chapman, principal assessor, that if they might choose their own assessors, things would go on quietly ; he directed that they should 3 do so ; but still they continued in opposition to the law, and would not choose an officer at all. A ge neral meeting was called to read and explain the law to the people, and thus remove any wrong im pressions and misapprehensions ; the principal assessor was at that meeting ; but the rudeness, opposition and violence used by the people pre vented him from doing so, which was an evident proof that they did not want to hear the law, and that they understood enough of it to- oppose it. Thus the benevolent intentions of that meeting was frustrated. We shall further show you, that the assessor of lower Milford was intimidated so as to decline making the assessments, and that the principal assessor, together with three other asses sors, were obliged to go into that township to exe cute the law ; that they proceeded in the execu tion of their duty, during a part of the day of the 292 THE ADMINISTRATION 5th of March last, without any impediment; that at eleven o clock in the morning, Mr. Chapman met at the house of Jacob Fries, in lower Milford, with the prisoner, when he, the prisoner, declared his determination not to submit, but to oppose the law, and that by the next morning he could raise 700 men in opposition to it : that upon Mr. Chap man telling him, that many houses were assessed, the prisoner flew into a violent passion, absolutely declaring, that it should soon be in. this country as it was in France. We shall farther shew you, that at another time during the same day, the prison er met with two of the assessors, Mr, Roderick and Mr. Foulke, whom he warned not to proceed in the execution of their duty, accompanied with threats, that if they did they would be hurt, and left them in a great rage. Farther, he proceeded to collect parties, with whom he went in search *)f those men, and attacked them in executing their duty. ...one of them escaped, but the other he took, but not having got Mr. Roderick, who appeared to be a particular object of resent ment, he let Mr. Foulke go, telling him he would have them again the next day. He told Mr. Clarke, that if he had met with Roderick, he would not have let him go so easy, and declared to him solemnly and repeatedly, that it was his determination to oppose the laws. We shall far ther shew you, that after having discharged Foulke, he proceeded to collect a large party in the town* ship, in order to take the assessors the next day. OF JOHN ADAMS, <J93 Accordingly on the day following a numerous party, to wit, about 50 or 60, the greatest part of whom were in arms, collected together and pursued the assessors, and not finding them in that township, pursued them into another, in order not only to chace them out of the township, but generally to prevent them executing their duty. This party collected, not only many of them in arms, but in military array, with drum and fife, and commanded by this Captain Fries, and one Kuyder : Fries him self was armed with a large horse pistol. Thus equipped they went to Quaker-town, in order to accomplish their purpose, where they found the as sessors; two of whom they took, but Roderick fled. Fries ordered his men to fire at the man who fled, and the piece was snapped, but did not go off. Fries did then compel Foulke to deliver up to them his papers, but not finding in them what they expect ed, they were returned, but at the same time exact ing a promise, that he, the assessor, should not pro ceed in the valuation of the houses in lower Mil- ford. Fries was, in many instances, extremely vio lent against this law, and peremptory in his deter mination not to submit to it, as will appear by the evidence. " When they left Quaker-town, they met with a travelling man, who expressed some good will to wards the government, and for that expression they maltreated him very much, and expressed their general dislike to all who supported the same prin ciple. During the time they were at Quaker-town, 294 THE ADMINISTRATION intimation was received that the marshal had taken a number of persons prisoners, in consequence of opposing the execution of this law, whereupon a determination was formed amongst those people, to go and effect their rescue, and the people of Miiford were generally invited to assist in this bu siness. When they were going, the party halted at the house of John Fries, and then a paper was signed, by which they bound themselves volunteers to go upon the execution of this design : this pa per was written by the prisoner at the bar, and sign ed by him and the rest ; therein they engaged to go and rescue the prisoners who had been arrested by the marshal. On the morning of the next day 20 or more of them met at the house of Conrod Marks, in arms, to go on with their design. John Fries was armed with a sword, and had a feather in his hat. On the road as they went forward they were met by young Marks, who told them that they might as well turn about, for that the North ampton people were strong enough to do the busi ness without those from Buck s county ; some were so inclined to do, but at the instance of Fries and some others, they did go forward, and actually proceeded to Bethlehem. Before the arrival of these troops, a party going on the same business had stop ped at the bridge, a small distance from Bethlehem, when they had been met by a deputation from the marshal, whom he had prevailed on to go and meet them, in order to advise them to return home ; they agreed to halt there, and to send three of their OF JOHN ADAMS. 295 number to declare to the marshal what was their demand. It was during this period that Fries and his party came up, but it appears that when they came, Fries took the party actually over the bridge, and that he arranged the toll with the man and or dered them to proceed. With respect to proof of the proceedings at Bethlehem, it cannot be mis taken ; he was there the leading man, and he ap pears to enjoy the command. With the con sent of his people he demanded the prisoners of the marshal, and when that officer told him that he could not surrender them, except they were taken from him by force, and produced his warrant for taking them, the prisoner then harrangued his party out of the house, and explained to them the neces sity of using force ; and that you should not mistake his design, we will prove to you that he declared, "that was the third day which he had been out on this expedition, that he had had a skirmish the day before, and that if the prisoners were not released he should have another that day. Now you observe," resumed he, <c that force is necessary, but you must obey my orders, we will not go without taking the prisoners ; but take my orders, you must not fire first ; must be first fired upon, and when I am gone then you must do as well as you can, as I expect to be the first man that falls." He farther declared to the marshal, that they " would fire till a cloud of smoke prevented them from seeing one another ;" and executing the office of commander of the troops, which at that time overawed the marshal 296 THE ADMINISTRATION and his attendants,, harranguecl the troops to obey his orders, which they accordingly did, and the marshal was really intimidated to liberate the pri soners ; and then the object was accomplished, and the party dispersed amidst the huzzas of the insurgents. After this affair at Bethlehem, it will be given you in evidence that the prisoner frequently avowed his opposition to the laws and justified that outrage ; and when a meeting was afterwards held at lower Milford to choose asses sors, the prisoner refused his assent to the accom modating object of the meeting, and appeared as violent as ever." William Henry, William Barnett, John Barnett, Christian Winters, Christian Boths, Colonel Ni chols, Philip Sehlaugh, Josseph Horsefield, John Mopollan, and several others, were called on the part of the prosecutor, whose evidence went to confirm the several charges stated by Mr. Sitgreaves. Mr. Dallas, as counsel for the prisoner, endea vored to prove that the crime of which Fries was guilty, did not amount to treason. He challeng ed the prosecuting counsel to say, in what part of the evidence it had appeared, that the insurgents went further than to declare that the law did not please them ; that though they did not mean to compel Congress to repeal it, they had some doubts and wished to ascertain whether it existed or not ; to know whether the country in general had submitted to it ; to know whether General Washington was not dissatisfied with it, and to see OF JOHN ADAMS. 297 whether they could not get the assessors appointed by themselves. Under these impression* many ir regularities occurred;, but he asked the adverse counsel to point out if they had discovered through the whole course of the business, any insurrec tion existing, any traiterous design, till the meet ing at Bethlehem ; or whether, till that moment, the inhabitants of Northampton could be said to have been guilty of any crime: Fie requested the gentlemen of the jury to view for a moment the mo tives of the people in the lawless scene at Beth lehem. What did they do ? They rescued the marshal s prisoners ; and when they effected the rescue, they dispersed : their whole object then was consummated ; for he presumed they con templated nothing further, as he saw them attempt nothing more ; and yet the time was very favor able to accomplish a more extensive design, if it had ever been meditated. There was another circumstance, Mr. Dallas said, to which he wished to lead the attention of the jury. He found there was an indisposition to allow a particular class of officers to make the assess ments j and the people urged, that if it was to be done, it should be done by their own assessors. In this important point, therefore, the particular officers, and not the law, formed the object of resentment and opposition on this distinction. He had the respected authority of Mr. Bradford, the late Attorney-General of the United States, for asserting that the offence was riot, and not treason. PP THE ADMINISTRATION The acts committed during that scene of tumult, ought to be punished, and he hoped would be pun ished > but as acts of riot and sedition, not as acts of treason. He was sensible it was possible tadraw distinc tions, to refine upon the meaning and pervert the language of the act; but, on principles of human- ity, he was confident the prosecutor would abstain from a mere exercise of ingenuity and eloquence, while he, who contended in favour of life, had a claim to every indulgence ; a right to the benefit of every shade of discrimination. Mr. Dallas concluded, by pointing out the dif ferences in the nature, progress and turpitude of the Northampton insurrection and of the western insurrection : he also analysed the case of Lord George Gordon, and contended, that upon this au thority alone, the prisoner ought to be acquitted. In the case of Lord Gordon, the direct, the avowed object, was to obtain the repeal of a law ; and as petitions and remonstrances were unavailing, a body of 40,000 men were convened, and mar shalled to surround, intimidate and coerce the par liament. Riot, arson, murder, and every species of the most daring outrage and devastation ensued ; and yet the only prosecution for high treason was instituted against the leader of the association ; and that prosecution terminated in an acquittal.. " View then, the riots of Lord George Gordon," (exclaimed Mr. Dallas) " estimate their guilt by the avowed object > aggravate the scene with the OF JOHN ADAMS. 29,9 contemporaneous insults and violence offered to the persons of peers and commoners, and close the retrospect with the horrors which the British me tropolis endured for more than eight days> and then say what was the guilt of John Fries, compared with the guilt of Lord George Gordon ? what is there in the English doctrine of treason, that has justified an acquittal of the latter? what is there in the American doctrine of treason, that will justi fy a conviction of the former ? " Gentlemen, I can proceed no longer.. ..the life of the prisoner is left with great confidence in your hands. There are attempts to make him respon sible, under the notion of a general conspiracy, for all the actions, and all the wards of meetings, which he never attended, and of persons whom he neve>r saw. But this is too, too harsh, in case of blood: it is inconsistent with the humanity, the tenderness of life, which are characteristics of the American people^ and especially of the people of Pennsylva nia. Nor is it called for by the policy or practice of those who administer our government. I believe that to the chief magistrate, to every public officer* to every candid citizen, it will be a matter of gra tification if> after so fair, so full a scrutiny, you should be of opinion, that treason has not been committed. Such an event will by po means en sure impunity to the delinquent; for though he has not committed treason, though the punishment of death is not to be inflicted, the violation of the laws may be amply avenged upon an indictment 300 THE ADMINISTRATION of a different nature. The only question, how ever, now to be decided is, whether the offence proved is, like the offence charged, treason against the United States. The affirmation must be incon- testably established, as to the fact and the intention, by the testimony of two witnesses to the same overt act ; but remember, I pray you, what the venerable Lord Mansfield stated to the jury on Lord Gordon s trial : for if you doubt (it is the principle of law as well as humanity) you must acquit." Air. Dallas then called several witnesses, in order to prove that the crime with which Fries was charged, only amounted to a riot. Mr. Ewing, after the evidence on the part of the prisoner was closed, addressed the jury in a very pathetic and ingenious speech. He said he was sensible that Fries had been guilty of a flagrant violation of the law, an offence for which he de served to suffer, and which the good of society required should be punished ; but he contended and asserted with confidence, because he thought the law would bear him out, that no act the prison er had committed, could be construed treason by the most rigid or strained construction of law. Mr. Sitgreaves spoke in reply.... after which Mr. Lewis addressed the jury in behalf of Fries in a speech of several hours in which he brought forward every argument in defence of the prisoner which legal knowledge or ingenuity could suggest. Mr. Rawle closed the prosecution ; after which OF JOHN ADAMS. 301 Judge Iredell summoned up the evidence on both sides, but not with that candor the case required. An evident bias against the prisoner was display ed both in his speech, in his looks and his gestures. The jury withdrew for about three hours, and then returned with a verdict.. ..GUILTY. This trial occupied the unremitted attention of tfie court and jury from April 3oth until May 9th, inclusive, during which time the jury never sepa rated. The court having met on the llth of May, to pronounce sentence, Mr. Lewis read several de positions, which imported, that John Rhead, one of the jury-men, had declared a prejudice against the prisoner, after he was summoned as a juror on the trial. He said he found that he could procure other affidavits to the same fact, on the ground of which he moved a rule when the court last met, to show cause why there ought not to be a new trial. He expressed himself aware of the lateness of the period, a verdict having been given, but the impos sibility of proving the fact earlier, was a sufficient apology. He should forbear to enter into the me rits of the motion at that time. Several witnesses were examined, who depo sed that Rhead had used several harsh expressions respecting Fries, after he had been summoned as a juror. This fact having been proved to the satis faction of the court, a new trial was granted : the particulars of which will be given in another chapter. 302 THE ADMINISTRATION CHAPTER XI. Trials of Jonathan Robbins, Isaac Williams and Willia in Froth ing ham . 1 HE fate of Jonathan Robbins, and the story of this unfortunate seaman, are too well known and too deeply impressed on the hearts of Americans to require any comment or introductory remarks pre vious to the narration of the mock trial which the clemency of a Southern Judge granted him. On the 25th of July, 1799, he was brought be fore Judge Bee, of the district court of South-Caro lina, in virtue of a demand made by his Britannic Majesty s consul, (on suspicion of his having been concerned in a mutiny on board the British frigate Hermione, in 1797) that he might be delivered up, (to be sent to Jamaica for trial) in virtue of the 27th article of the treaty between the United States and Great-Britain, which article runs thus " It is further agreed, that his Majesty and the United States on mutual requisitions, by them respectively, or by their respective ministers or offi cers, authorized to make the same, will deliver up to justice all persons who, being charged with murder or forgery committed within the jurisdiction of either, shall seek an assylum within any of the countries of the other : provided that this shall on ly be done on such evidence of criminality, as ac cording to the laws of the place where the fugi- OF JOHN ADAMS. 303 tive or person so charged shall be found, would jus tify his apprehension, and a commitment for trial, if the offence had been committed. The expence of such apprehension and delivery shall be borne and defrayed by those who make the requisition and receive the fugitive." The commitment of the prisoner was ground ed on the two following affidavits : " South-Carolina District. " William Portlock, a native of Portsmouth, in the State of Virginia, upwards of eighteen years old, appeared before me, and being duly sworn, made oath, that he was one of the crew before the mast in the schooner Tanner s Delight, which was commanded by Captain White, who arrived here about three weeks ago ; that a person who answer- by the name of Nathan Robbins, came also in the said vessel, before the mast, with him ; that he, said Robbins, is a tall man, middle size, had long black hair, dark complexion, with a scar on one of his lips ; that on and about last Christmas night, he was present, and heard the said Robbins talking in the harbor of the city of St. Domingo to some French privateers-men > who were on board the Tanner s Delight, when and where he informed them, in his hearing, that he, the said Robbins, was boatswain s mate of his Majesty s frigate Hermione, when she was carried into the port Cavilla ; and added, that they had no occasion to take notice of that. And after the above time, sometimes when he was drunk, he, the said Robbins, would mention the name of 3O4 THE ADMINISTRATION the I lermione, and say bad luck to her, and clench his fist. his " WILLIAM X PORTLOCK mark. "Sworn before me, this 20th February, 1799, THOMAS HALL, /. p. & u." " United States of America, South-Carolina District. " Personally came and appeared before me Lieutenant John Forbes, who being duly sworn, deposeth, that a person confined in the gaol of this district, who calls himself Nathan Robbins, but whose real name this deponent believes to be Tho mas Nash, was a seaman on board the Hermi- one, British frigate, in which the deponent was a midshipman from the 8th of February, 1797, until the 30th of August following; during which time the said Nash was personally known to this depo nent ; that this deponent was removed from the said .frigate to the sloop of war Diligence, on the said 30th day of August, 1797. This deponent further deposeth, that on the 19th of September following, he was sent on board of the said British frigate, at which time he saw and left the said Nash in the same station, on board that vessel, as he was at the time of this deponent s being a midshipman therein. That on the 22d of the said month, the crew mu tinied on board the said frigate, killed the princi pal officers, piratically possessed themselves of her, carried her into Laguira, and there disposed of her to certain subjects of his Catholic Majesty. That OF JOHN ADAMS. 305 the said Thomas Nash was one of the principals in the commission of the said acts of murder and piracy ; whose conduct in that transaction has be come known to this deponent by depositions made, and testimony given in court-martial, where some of the said crew have been tried. JOHN FORBES. " Sworn before me this 18th April, 1799, THOMAS BEE, <c District Judge, South-Carolina." Upon a candid review of these depositions, there does not appear to have existed the slightest cause for even a commitment of Jonathan Robbins. The testimony on the part of Portlock is trifling in the extreme, and that of lieutenant Forbes entirely verbal report. In the. article of the British treaty there is not a word said of any fugitive that may be found within their dominions, charged with hav ing committed offences at sea on board of Amer ican vessels. It is entirely confined to cases within the jurisdiction of each, that is territorial jurisdic tion ; for had the minister of Britain considered ships as the territory specified in the treaty, he cer tainly would, by a particular clause, have provided for cases arising at sea. That the British government considered the word territory, as not applying to ships, is evident from a circumstance which occurred soon after. The crew of an American vessel rose upon their Captain, whose name was Little, murdered him and his mate, and then carried the vessel irtn Bri- Qq THE ADMINISTRATION tain. The mutineers, in place of being sent back to America, were tried and executed in England. Judge Bee, some days before the court met, received a letter from the Secretary of State, men tioning that an application had been made by the British minister, Mr. Listen, to the President, for the delivery of the prisoner, under the 27th article of Jay s treaty, and containing these words : the President " advises and requests you to deliver him up. " This letter was not read in court, though it was shewn to the counsel on both sides, but the follow ing certificate and affidavit were produced in be half of the prisoner, by his counsel, Messrs. Moul- trie and Ker : " United States of America, State of New-York. " By this public instrument, be it known, &c. that I, John Keese, a public Notary, &c. do hereby certify, that Jonathan Robbins, who had subscri bed these presents, personally appeared before me, and being by me duly sworn according to law, de posed : that he is a citizen of the United States of America, and liable to be called into the service of his country, and is to be respected accordingly at all times by sea and land. " Whereof an attestation being required, I have granted this under my notarial hand and seal. " Done at the City of New-York, in the State of New- York, the 20th day of May, 1795. " Quod attestor, "JOHN KEESE, Notary Public." OF JOHN ADAMS. 307 " Jonathan Robbins, mariner, a prisoner now in the custody of the marshal of the district court of the United States, for South-Carolina, being duly sworn, saith he is a native of the State of Connecti cut, and born in Danbury, in that State ; that he has never changed his allegiance to his native country ; and that about two years ago, he was pressed from on board the brig Betsey, of New- York, commanded by Captain White, and was detained there contrary to his will, into the service of the British nation, until the said vessel was captured by those of her crew, who took her into a Spanish port by force ; and that he gave no assistance in such capture. JONATHAN ROBBINS. < Sworn this 25th July, 1799, before me, THOMAS HALL. Federal Clerk, and J. P. &. U." The signature made by the prisoner to this affi davit in court, appeared to be in the same hand writing as the signature made to the one in 1 795, from which circumstance it may be presumed, that Jonathan Robbins is the prisoners real name. The body of the affidavit made in New-York in 1795, was printed; the names, dates, signatures, &c. were filled up in writing ; it had the notarial seal of John Keese, Esq. affixed, and had the appear ance of being a genuine paper, used by seamen at that day as a protection. These affidavits, and the question whether the prisoner was an American, and an impressed sea man or notj were in the opinion of the court alto- 308 THE ADMINISTRATION gether immaterial ; and Judge Bee, without any he sitation pronounced the decree for delivering up a fellow-citizen into the hands of a foreign execu tioner. Poor Robbins was then immediately con veyed on board a British sloop of war, which car ried him to Jamaica, where he received the igno minious death of a traiterous assassin. On the 28th of September a trial of the most momentous nature came on before the circuit court at Hartford, in Connecticut. An indictment was laid against one Isaac Williams, for having, on the 27th of February, at Guadaloupe, accepted from the French Republic a commission and instructions against the king of Great Britain and his subjects, contrary to the twenty-first article of the treaty with the United States. It was admitted on the part of Williams, that he had committed the facts alledged against him in the indictment; but in his defence, he offered to prove that in the year 1792, he received from the Consul- General of the French Republic a warrant appoint ing him a 3d lieutenant on board the Jupiter, a French 74 gun ship ; that pursuant to the appoint ment, he went on board the Jupiter, took the com mand to which he was appointed, which vessel soon after sailed for France, and arrived at Rochfort in in the autumn of the same year. That at Rochfort, he was duly naturalized in the various Bureaus in that port, renouncing his allegiance to all other countries, particularly to America, and taking a OF JOHN ADAMS. 309 solemn oath of allegiance to the Republic of France, who appointed him a second lieutenant on board a French frigate, called the Charont, and that before the ratification of the treaty of amity and commerce between the United States and Great Britain, he was duly commissioned a second lieutenant on board a seventy-four gun ship, in the service of the said Republic -, and that he had ever since continued under the government of that nation, most of the time actually resided in the dominions of the French Republic ; that during the said period, he was not resident in the United States more than six months, which was in the year 1796, when he came to this country for the purpose merely of visiting his relations and friends; that for about the three last years of his life, he had been domiciliated in the island of Guadaloupe, within the dominions of the French Republic, and had made that place his fixed habitation, without any design of again returning to the United States for permanent residence. The attorney for the district agreed that the above statement was true ; but objected, that it ought not to be admitted as evidence to the jury ; because it could have no operation in law to jus tify the prisoner for committing the facts alledged against him in the indictment. The question was then argued on both sides, by the counsel for the United States, and by the coun sel for the prisoner. 310 THE ADMINISTRATION Mr. Law, District Judge, expressed doubts as to the legal operation of the evidence ; and gave it as his opinion, that the evidence and the opera tion of law thereon, be left to the consideration of the jury. Mr. Elsworth, Chie<f JLustice of the United States, gave his opinion on the question nearly to the following effect : " The common law of this country remains the same as it was before the revolution. The present question is to be decided by two great principles ; one is, that all the members of civil community are bound to each other by compact ; the other is, that one of the parties to this compact cannot dissolve it by his own act. The compact between our com munity and its members is, that the community will protect its members, and on the part of the members, that they will at all times be obedient to the laws of the community, and faithful in its de fence. This compact distinguishes our govern ment from those which are founded in violence or fraud. It necessarily results, that the member can not dissolve this compact, without the consent or default of the community. There has been no con sent. ...no defaults. ...default is not pretended express consent is not claimed ; but it has been argued, that the consent of the community is im plied by its policy, its condition and its acts. In countries so crowded with inhabitants, that the means of subsistence are difficult to be obtained, it is reason and policy to permit emigration* But OF JOHN ADAMS. 31 I our policy is different, for our country is but sparely settled, and we have no inhabitants to spare. " Consent has been argued from the condition of the country, because we were in a state of peace ; the war had commenced in Europe. We wished to have nothing to do with the war ; but the war would have something to do with us. It has been extremely difficult for us to keep out of this war; the progress of it has threatened to involve us. It has been necessary for our government to be vigi lant in restraining our own citizens from those acts which would involve us in hostilities. The most visionary writers on this subject, do not contend for the principle in the unlimited extent, that a citizen may at any and all times, renounce his own, and join himself to a foreign country. "Consent has been argued, from the acts of our own government, permitting the naturalization of foreigners. When a foreigner presents himself here, and proves himself to be of a good moral character, well affected to the constitution and government of the United States, and a friend to the good order and happiness of civil society ; if he has resided here the time prescribed by law, we grant him the privileges of a citizen. We do not enquire what his relation is to his own country ; we have not the means of knowing, and the enquiry would be inde licate -, we leave him to judge of that. If he em braces himself by contracting contradictory obliga tions, the faults and the folly are his own. But this 312 THE ADMINISTRATION implies no consent of the government, that our own citizens should expatriate themselves. " Therefore, it is my opinion, that these facts which the prisoner offers to prove in his defence, are totally irrevelant ; they can have no operation in law, and the jury ought not to be embarrassed or troubled with them ; but by the constitution of the court the evidence must go to the jury." The cause and the evidence were accordingly committed to the jury, who returned a verdict find ing the prisoner guilty. The court sentenced him to pay a fine of 1000 dollars, and to suffer four months imprisonment. Isaac Williams was also indicted before the same court, for having on the 22d of September, 1799, in a hostile manner, with a privateer com missioned by the French Republic, attacked and captured a British ship and crew on the high seas. Williams s defence on the first indictment being of no avail, and having no other defence but this, he pleaded guilty. The court sentenced him to pay a fine of 1000 dollars, and to suffer a further imprisonment of four months. This decision called loudly for the examination not only of individual citizens, but of each State Legislature, and of Congress itself. The opinion of Judge Elsworth, respecting the validity of the common law, was both dangerous and absurd. The grounds upon which he denied an American citizen the right of expatriation, were equally un- OF JOHN ADAMS. 313 founded. The merits, therefore, of these questions were immediately taken up and fully discussed by- several writers of the first legal abilities. Two let ters in particular appeared in the Examiner, under- the signature of Aristogeton, which treated this subject to its very foundation $ and exposed com pletely the fallacy of the arguments adduced by the Chief Justice. " What are the naturalization laws of the Uni ted States ?" exclaims this writer. " They are laws authorizing the subjects and citizens of foreign nations to become citizens of this country ; and they point out the particular mode in which they may become citizens.. ..that these laws do admit that the members of other communities have a right to throw off their allegiance to their own coun try, is evident from the language. He (the Alien) shall at the time of his application to be admitted, declare on oath or affirmation, that he will support the constitution of the United States ; and that he doth absolutely and entirely renounce and abjure all allegiance and fidelity to every foreign prince, potentate, state or sovereignty whatever ; and par ticularly to name the prince, potentate, state or sovereignty, whereof he was before a citizen or subject. " The Alien, who visits our country for the purpose of becoming a citizen, either had a right to throw off his allegiance to his former sovereign without obtaining the consent of that sovereign, or he has not such right. If he has such right it R r 314" THE ADMINISTRATION must be a natural one, because no code of munici pal laws in Europe grants the right ; nay some of them expressly take it away. If it is a natural right, it belongs equally to all mankind ; the citizens of America, therefore, are equally entitled to it with the rest of mankind. But of natural rights, men cannot be fairly and properly deprived. No Con gress, therefore, can properly deprive an American citizen of this right. Great God ! what must have been the feelings of Judge Elsworth when he was depriving Williams of this natural right ? But I will suppress the emotions which beat in my bo som, upon the recollection of this hideous sentence, and I will proceed to examine cooly and dispas sionately the question. If the Alien had not a right to throw off his allegiance to his own country, then Congress, by making the law, have deprived foreign governments of one of their most essential rights, and have been moreover guilty of a crime which approaches very nearly to that of man-stealing. Yes ! if an individual has not a right to throw off the allegiance of his country, if his sovereign s consent is necessary, and if our laws do not require that that consent should be given, we have cer tainly violated the rights of all the sovereigns in the world. We have decoyed and spirited away from their own homes the members of all the sovereign ties of Europe ; we have decoyed them by the most extensive promises ; by the promise that they shall after a short time become the citizens of a free Republic - 9 that they shall enjoy here all the boun- OF JOHN ADAMS. 315 ties of nature, and possess in security all the pro ducts of their labor. This promise has been unac companied with any requisition of their sovereigns consent, and if we had not a right to make such an unqualified promise, we have (I aver again) been guilty of man-stealing.. ..And as the punishment of man-stealing is death, so, when nations are guilty of it, a just foundation is laid for war. Now, what ever right an individual may have to think that the people and the Congress of the United States have violated the rights of other sovereigns, certainly a, Judge can have no right to make such declaration from the Bench of Justice. Such is the dilemma. in which Judge Elsworth has placed himself.. ..He must either admit that, according to the principles of our naturalization laws, our citizens have a right to expatriate themselves, or that the legislature of the United States, that body whose laws (when they are constituted) he is bound to expound and en force, have been guilty of the most horrible of all crimes, and have given a sufficient cause of war to all the nations in the world." On Thursday the 21st. of November, at New- York, David Frothingham was indicted for a libel against Alexander Hamilton, Esq. Major-General in the service of the United States. The publication which gave rise to the indict ment was copied into the Argus of the 6th instant,. from the Constitutional Telegraph, and is as fol^ lows * 316 THE ADMINISTRATION "Extract of a letter from Philadelphia, September 2Q. " An effort was recently made to suppress the Aurora, and Alexander Hamilton was at the bottom of it. Mrs. Bachewas offered 6000 dollars down, in the presence of several persons, in part payment, the valuation to be left to two impartial persons, and the remainder paid immediately on her giving up the paper; but she pointedly refused it, and declared she would not dishonor her husband s me mory, nor her children s future fame, by such base ness : when she parted with the paper it should be to Republicans only. " I am proud to hear of your honorable State s republicanism. ...The change in men s minds here is truly astonishing." The business was opened by Mr. Hoffman, as Attorney-General. The bench consisted of Judge Raddiff, Richard Harrison, Recorder, and the Mayor of the city. No evidences were sworn on either side, except Mr. C. Golden, Assistant- Attorney, and General Hamilton himself. Mr. Golden stated, that at the instance of a let ter from Major-General Hamilton, he had called at the office of the Argus, and was introduced to Mr. Frothingham, as conductor of the business ; that after some conversation, Mr. Frothingham said, he expected that he was liable for any publications which appeared in the Argus, but repeatedly observed, that he saw no criminality in the present instance as it respected him ; the plea in dispute having been copied from another paper: Mr. 6F JOHN ADAMS. 317 Colden added, that in pursuance of this declaration Mr. Frothingham was arrested. Major-General Hamilton was called upon, on the part of the State, to prove that he was inno*- cent of the charge alledged against him. This was objected to by Mr. B. Livingston counsel for the defendant ; and the objection admitted by the court. The General was then asked to explain cer tain innuendoes in the indictment, respecting specu lation, &c. This having been done, he was inter rogated what was generally understood by secret ser vice money? being very well versed in the vernacular tongue, he found some difficulty in the explana tion ; but gave it as his opinion, that it meant mo ney appropriated by a government, generally for corrupt purposes, as it respected the country and government in which it was to be distributed ; but in support of the government which gave it ! He was then asked, whether he considered the Aurora as hostile to the government of the United States ? and he replied in the affirmative ! This dosed the testimony. Mr. Brockholst Livingston then attempted to prove that Mr. Frothingham was not responsible ; that his declaration to Mr. Colden should not be admitted as proof against him, and that the Attor ney ought to have arrested the Editor. In reply to this, Mr. Hoffman contended, that every journey man and apprentice in the printing-office was lia ble to a prosecution, as having been accessary to the publication of the libel, and consequently MV. 318 THE ADMINISTRATION Frothingham, as foreman of the office, was particu larly so. To this extravagant and infamous doc trine, Mr. Livingston replied with his usual perti- nancy and eloquence. Mr. Livingston offered to adduce proofs of the situation in which Mr. Froth- ingham was placed in the office of the Argus ; but this was overruled by the Court. He then went into an examination of the publication, and hav ing dissected it in a masterly manner, concluded his defence with a few general observations. The Jury found a verdict of guilty, but recon> mended Mr. Frothingham to the mercy of the Court. The latter fined him in 100 dollars, and sentenced him to four months confinement in bride well. OF JOHN ADAMS. 319 CHAPTER XII. Remarks upon an Aristocratical form of Govern ment. ...The Administration of Mr. Adams com pared to an Aristocracy.... Quarrel at Trenton, be tween Mr. Adams and his Ministers.. ..Hamil ton s letter respecting their difference. ...Appoint ment of an Embassy to Francc....Characters of the Envoys. ...Anecdotes of Adams and Franklin.... Adams s jealousy and dislike to Fra?iklin.... Adams endeavors to calumniate Franklin... .Vindication of Franklin....Memoirs of Alexander Hamilton. has proved, that of the various forms of Government which have prevailed in the world, an Aristocracy is one of the weakest, and least favorable to the happiness of mankind. ...The hereditary monarch may transmit through several generations, an unlimited authority with consider able profit, both to art and science. ...The acknow ledged right which he enjoys by birth, extinguishes the spirit of faction, and renders him less cruel and more attentive to the wants of the subject than an host of tyrants, who, after having sported with the liberties of the people, are under the necessity, in order to retain the power they have unjustly seized, to trample to the ground every species of honesty and worth. This was the case with our late Pre sident and his associates : after having wrested from their fellow-citizens the liberty of speech, S20 THE ADMINISTRATION they established, under the mask of freedom, an Aristocracy more powerful in its nature, than either the Senate of Berne, the Nobility of Venice, or the Directory of France. But mutual jealousy, which, sooner or later, overthrows the fabrics of the wicked, overturned their schemes and ended their intentions. In the town of Trenton, the capital of Jersey, the first public schism in the Federal Cabinet took place. The particular expressions which passed on this occasion, between the President and his Ministers, never transpired ; but from the printed letter ad dressed to Mr. Adams, by General Hamilton, we are informed of the principal cause of their differ ence. Mr. Hamilton asserts, that after the failure of the Pinckney Embassy to France, Mr. Adams arrived at Philadelphia, from his seat at Quincy, and that " the tone of his mind seemed to have been raised ratherthan depressed." That his coun- s^llors suggested to him, it might be expedient to insert in his speech to Congress, a sentiment of this import : " That after the repeatedly rejected advances of this country, its dignity required that it should be left with France in future to make the first overture ; that if desirous of reconciliation, she should evince the dispositon by sending a minis ter to this government, he would be received with the respect due to his character, and treated with the frankness of a sincere desire of accommodati on. " Mr. Adams received this suggestion in a man ner both indignant and intemperate, and declared, OF JOHN ADAMS. 321 * e That if France should send a minister to-nwrrozv, he would order him back the day after." But in less (says Mr. Hamilton) than forty-eight hours from this extraordinary sally, the mind of Mr. Adams underwent a total revolution. " He resolved not only to insert in his speech the sentiment which had been proposed to him, but to go farther, and to declare, that if France would give explicit as surances of receiving a minister from this country with due respect, he would send one. * In vain did Pinckney and M c Henry oppose this resolution. Mr. Adams obstinately persisted, and the declaration was introduced. Mr. Adams appears afterwards to have nomi nated Mr. Murray as envoy to the French Repub lic, without previous communication with any of his ministers. Shortly after he nominated two more, Judge Elsworth and Mr. Davie. Mr. Elsworth s talents were no doubt great, but his opinions respecting law were formed upon the Mansfield system. His decision in the case of Captain Williams, was directly opposed to the law of nations, and to the former practice of the Ameri can courts. His knowledge of European affairs was also very limited in theory as well as practice. George Davie was better calculated for the mission. This gentleman was about 40 years of age ; possessed of engaging manners and an easy address ; he had been educated at Princeton Col lege 5 served with reputation in the revolutionarv war; afterwards studied the profession of the Iaw 3 Ss 322 THE ADMINISTRATION and previous to bis appointment, was made a General in the Provisional Army, and elected Governor of North-Carolina. When the news of the revolution in the Direc tory arrived, Mr. Hamilton says, that Mr. Adams was then at his seat in Massachusetts, and that his ministers addressed to him a joint letter, commu nicating the intelligence, ?nd submitting to his con sideration, whether that event ought not to suspend the projected mission. Mr. Adams, in reply, directed the preparation of a draft of instructions for the envoys, and intimated that their departure should be suspended for some time. Mr. Adams arrived soon after at Trenton, about the 17th of October, where he held a council with his ministers. Judge Elsworth and General Ham ilton were also present, though not at the desire of Mr. Adams. Mr. Hamilton says m his letter, that he arrived at Trenton a short time before the Presi dent, and Chief Justice Elsworth a short time after him ; that the object of his own journey was to concert with the Secretary of War, certain arrange ments for the future disposition of the western army, and that the cause of Judge Elsworth s ar rival, was to meet his colleague. Governor Davie, at the seat of government. " Yet these simple and accidental occurrences," says Mr. Hamilton, " were to the jealous mind of Mr. Adams, confirmations strong of some mischievous plot against his inde pendence." OF JOHN ADAMS. 323 Mr. Adams is said, at this memorable meeting, to have observed a profound silence on the question, whether or not it was expedient that the mission should proceed. His secretaries, Pickering and M Henry, as also General Hamilton, disapproved of the propriety of the embassy, and endeavored to bring the President over to their opinion, but their arts were of no avail. The morning after the in structions were settled, he signified to Mr. Picker ing, that the envoys were ready to depart. This resolution of the President was, by the Hamiltonian party, regarded as bad policy, and incompatible with the dignity of Americans. By the anti-federalists, it was, on the contrary, esteem ed a promising sentiment of repentance. ...but if we examine carefully the character and motives of Mr. Adams, it will appear that he was induced to this conciliatory measure, neither from a disrespect to his country, nor from the commendable desire of promoting republicanism; but most probably with the base design of rendering odious the measures of his secretaries, the power of whom his jealousy began to dread. The vain and weak judgment of Mr. Adams easily figured, that if Pinckney, Hamilton and Pickering were removed from the road to power, he might, by courting popular applause, rise on the shoulders of the people to an imperial throne, from whence he and his posterity might dictate to the inhabitants of half the globe. No man s vanity can reasonably be supposed to exceed that of Mr. Adams. Weakness in intellect? THE ADMINISTRATION which is generally the attendant of pride, is the predominant mark in his character. These causes render his temper unsufferable to his most inti mate friends. On many occasions, Mr. Hamil ton says, " he is liable to paroxisms of anger, which deprive him of self-command, and pro duce very outrageous behavior to those who ap proach him. But the eternal rancor which Mr. Adams always evinced against the great and good Franklin, is the mo?>t convincing proof, both of his vanity and the weakness of his understand ing ; several well attested anecdotes confirm the truth of this assertion. During the embassy of Franklin, Adams and Lee at Paris, a fete was given in honor of America, by a Mrs. Bertand, the Lady of a Nobleman, who acted in capacity of Lord in waiting to the King. Mrs. Bertand was one of those celebrated female po liticians, who used to be in the employ of the Court, for the purpose of discovering, by her intrigues, the secret springs and intentions of foreign cabinets.... she was also a lady of science, and the principal patroness of the arts in Paris. Her veneration for Franklin was equal to her contempt for Mr. Adams ; but Adams and Lee, with almost every American of education then at Paris, were of course invited to partake of the pleasures of an entertain ment, intended as a compliment to their country. During the performance of a theatrical piece, the portrait of Franklin was introduced on the stage.... an universal burst of applause ensued, which wound- OF JOHN ADAMSr 325 ed the feelings of Adams to such a degree, that he feigned sickness and left the performance.* Mr. Adams soon after, in a letter to a friend in this country, complained, " we are all here mere satellites, revolving in the orbit of the planet Frank lin, borrowing all our light from him, and unable to diffuse any of our own through his superior in fluence." During his administration Mr. Adams gave countenance to every calumny which reflected upon the memory of that great philosopher; he enjoyed with secret triumph, the vulgar and slanderous abuse which was darted by the miscreant Porcupine, ai: Franklin s discoveries. He was even fond and sedulous, when occasion offered, to cast a shade over his moral and political reputation ; but the most daring and villainous scheme in which it is reported Mr. Adams assisted to blacken the cha racter of that illustrious man, and wound the feel ings of his relations, was an attempt to accuse him of public peculation. In the early part of the American Revolution, a million of livres was lent us by the French go vernment. After Franklin s death, the enemies of liberty spread abroad insinuations, that Dr. Frank lin had appropriated this money to himself; they contrived also to possess themselves of all the pub- lie papers by which his defendants could vindicate his reputation. This was done in the most artful * Dr. James Smith, now in New-York, was present, and seated near Mr. Adams at the above fete.. 326 THE ADMINISTRATION manner. The sum of ^.1 5,000 sterling, was given to Mr. Charles Dilly, a book-seller in Lon don, (who had contracted to publish a history of his life) to purchase all the documents which he had re ceived from the family of Dr. Franklin. The only remaining channel of truth were the papers in pos session of administration. These were applied for, but refused in the most contemptuous manner, " Mr. Adams was not to be disturbed, or the offi ces of the Treasury ransacked, to please the whims of a few individuals," was the answer reported to be given. When, however, the recent change in the executive took place, and the records of State were brought forth from the cells of Federal fraud, to blush at public inspection, the facts appeared to be, viz. that the American government was charged with the sum in question, and it had been allowed in the general liquidation of the French debt, though it had been objected to, under General Washington. When Gouverneur Morris was at Paris, as our min ister, he took advantage of the passions of the re volutionary period, and addressed a letter to the committee of Public Safety, wherein he observed, " that it was time indeed to throw off that secrecy which involved in obscurity the transactions of ca binets, and the counsels of despots. The American and French republics could have no secrets, their acts were to be regulated by principles, not actua ted by sordid or personal interests." He, therefore, solicited an enquiry into the mode by which the million in question had been bestowed, an<$ to OF JOHN ADAMS. 327 whom. The political fanatacism of the day, was caught by the Jesuitical address of the wooden legged envoy, and an account was rendered as it appeared on the public record of the royal depart ment of foreign affairs. The friends of Mr. Adams had insinuated the money was given to Dr. Franklin : Gouverneur Morris was, therefore, instructed to carry the enqui ry up to the source. After examination, he discov ered that the sum had been appropriated and lent to America before Dr. Franklin left this country. The suspicion was, therefore, transferred to Silas Deane; and it was concluded, that Deane could not have -the money without Dr. Franklin parta king of the spoil or conniving at the robbery. Up on farther investigation, it was found that the money was given even before Deane arrived in France. This was a dilemma which had not been foreseen ; but having proceeded so far, it was necessary to go the whole length ; and upon application by Mr. Morris, an official copy of the receipt was given, which is now on the records of government, which shows that the money was procured from the Count of Vergennes, by Caron Beaumarchais ; and a M. Chevalier, who acted as agent for this banker, and Hves in the city of Richmond, has been de bited in his account with the United States for that million.* * This circumstance I have from a near relative of Dr. Frank lin, upon whose veracity I can place the greatest reliance. 328 THE ADMINISTRATION* All these facts must have been known to the late administration ; but John Adams felt neither the generosity nor the justice due to the memory of Franklin 5 or the honor of his country, to reveal the truth. That Mr. Adams had a disposition both cruel and ungenerous, is evident from a letter he v\rote when in Holland to the governor of Massachusetts. This letter, which was intercepted by the English and published in the Annual Register for 1781, con- tains the following paragraph : " It is true, I be lieve, what you suggest, that Lord North shewed a disposition to give up the contest, but was divert ed from it, not unlikely, by the representation of the Americans in London, who, in conjunction with their coadjutors in America, have been thorns to us indeed on both sides of the water ; but I think their career might have been stopt on your side if the ex ecutive officers had not been too timid in a point which I so strenuously recommended at first, namely, to fine, imprison and hang all inimical to the cause, without favor or affection. I foresaw the evil that would arise from that quarter^ and wished to have timely stopt it. I would have hanged my own bro ther if he had took apart with our enemy in this con test: In the course of this history, the secret con nexion which existed between Mr. Adams and the British minister, Mr. Liston, has been repeatedly mentioned. The truth of that connexion, and the influence of Great Britain upon the executive of OF JOHN ADAMS. 329 America, cannot be better substantiated than by an intercepted correspondence between Mr. Liston and President Russel, at Teranto, in UpperCanada. The manner in which the letters of this correspon dence were detected, is truly singular ; they were seized in the custody of a notorious horse-stealer of the name of Sweezy, in Bucks County, in the State of Pennsylvania. Sweezy had been one of a gang connected with Dones and Sinclair, two robbers, who were hanged, the one in Pennsylvania, and the other in New-Jersey, Sweezy himself was out lawed, and fled into Canada, by the government of which he was esteemed a proper person to be en trusted with the dispatches of British intrigue. He performed dutifully the object of his mission ; but on his return his person being recognized, he was pursued under the former outlawry. In the hurry of escape, he left behind a small parcel, in which several documents of the greatest importance to the interest of this country were found. They were immediately forwarded to the President of the United States ; but the two following letters were the only ones made public. They are, how- ver, sufficient proof of the secret schemes then car rying on between the government of the United States and that of Great Britain : "Philadelphia, 6th May, 1799. "SlR, " The government of the United States appears to be nearly in the same situation with regard to the Shaweneese Indians, as that of Canada is with Tt 330 THE ADMINISTRATION respect to the Mohawks. The Shaweneese wisTi the United States to make some alteration of their limits, as fixed by the treaty of Grenville ; and at the same time to confirm the sales of lands they have already made, and authorize future altera tions. The American ministers., on the other hand, are determined not to grant this favor, and are em barrassed by the persevering importunity of the Indians. Advices lately arrived from Fort Wayne, inform the administration, that the Shaweneese in* tend this spring to call a general council of the na tion, (composed of representatives from several tribes) with a view to take such measures as may be thought best calculated to obtain some modifica tions of the Grenville treaty. ...and the information adds, that this idea was first suggested by the late Colonel M fr Kee, deputy-superintendant of Indian affairs. " The government consider this interference as- unfriendly, and injurious to their interests ; and a complaint has been made to me on the subject, by the Secretary of State, with a request, that I would make such representation of the matter to you, as might produce a defeat of the project at present, and prevent all intervention of a similar nature in future. " I informed the Secretary of State, that I could scarcely bring myself to credit the report respecting Colonel M Kee ; that at all events I could not con ceive that any thing unfavorable to the United States could have been contemplated by a public OF JOHN ADAMSS. 331 officer in the service of Great Britain ; but that I would of course make the representation requested - y that I made no doubt of its having the desired ef fect, because I was confident that you were sin cerely disposed to ward ofFevery incident that could give just cause of misunderstanding between the two nations. " The situation of public affairs in this country- continues the same as at the date of rny last letter, unless it be that the government has given a new subject of provocation to France , by encouraging (in conjunction with us) the negro chief Toussaint, in measures which appear ultimately to tend to a separation of the island of St. Domingo from the mother country. Whether this affront will be pock eted by the Directory, I do not pretend to decide ; but I cannot persuade myself that it is probable. ** I have the honor to be, " with great truth and respect, e Sir, your most obedient, " humble servant, ROBE11T LISTON, The Honorable \ " President Russel." > " Philadelphia, 23d May, 1799. " SIR, " My last letter being entrusted to a person who was not going directly to Upper Canada, I am un certain whether it may yet have reached yourhands, and therefore take an opportunity of transmitting a duplicate. 332 THE ADMINISTRATION " On public affairs I have scarcely any thing to add.... one step further on the road to a formal war between France and the United States, has been ta ken by the Governor of Gaudaloupe, who, in conse quence of the capture of the I nsurgente frigate, has authorized French ships of war to capture all Amer ican vessels, whether belonging to the government or to individuals. ...But the resolution of the Direc tory in the great question of peace or war is not yet known ; perhaps the new explosion on the conti nent of Europe, may give them a degree of em ployment that may retard their decision. " In the interior of this country, the declama tions of the democratic faction, on the constitution ality and nullity of certain acts of the Legislature, have misled a number of poor ignorant wretches into a resistance to the laws and a formal insurrec tion. This frivolous rebellion has been quelled by a spirited effort of certain volunteer corps lately embo died, who deserve every degree of praise.... \>ut the conduct of these gentlemen having been shameful ly calumniated by some of the popular newspapers, they have ventured to take the law into their own hands and to punish one or two of the printers (by a smart flogging) ; a circumstance which has given rise to much animosity, to threats, and to a com mencement of armed associations on the side of the democrats, (particularly the United Irishmen) and some apprehend that the affair may lead to a partial civil war. The portion, however, of the Jacobinic party who could carry matters to this extremity, is OF JOHN ADAMS. 333 but small : tlie government is on its guard > and is determined to act with vigor : and I do not ap prehend any serious danger. " I have the honor to be, " with great truth and respect, " Sir, your most obedient, " humble servant, " ROBERT LISTON." There was a third letter from Mr. Listen, but our executive would not permit a copy of it to go into the hands of the public : it stated too circum stantially the nature of its policy. Among other promises from America to Great Britain, it was mentioned that if Canada were attacked by a fo reign power, the government of the United States stood pledged to supply a military force adequate to the exigency, to defend that colony, and to preserve it to the British government. Any comment upon these letters is unnecessary ; they shew in the ful lest manner the practices of Listen, the intention of his country, and the corruptible heart of Mr. Adams, who, if he had any regard for the honor of Americans, would have immediately ordered the removal of that most execrable ambassador.* * Robert Listen, now Sir Robert Listen, is well known to be a native of Scotland. He received his education at the Uni versity of Edinburgh, and was principally under the care of Pro fessor George Stuart, father to the celebrated Gilbert Stuart. To the interest, advice and recommendation of George Stuart, Listen was indebted to his first success in life ; but he repaid the friendship of his patron and benefactor, by the basest ingratitude. 334 THE ADMINISTRATION As General Hamilton acted a conspicuous part during the late administration, in promoting the views of the federal interest, in combating the ene mies of the British treaty, and opposing what was unjustly termed jacobin influence, it is proper that some account of the life of that able officer and intelligent lawyer, should appear in this volume. Alexander Hamilton was born about the year 1753, in the island of St. Croix. His father was a merchant of some eminence, and he himself was educated to the same profession. He acted for several years as clerk to a counting-house in that island, and acquired by an active diligence, the fa vor and esteem of all with whom he had connec tion. At the age of eighteen he was sent in the same capacity to New- York, in which sphere of life he continued until the commencement of the revo lutionary war. This was the theatre for which nature had des tined young Hamilton ; he entered into the Ameri can army, and soon distinguished himself by un common enterprise and valor. His reputation procured him the appointment of an aid-de-camp to General Washington. In the year 1780, he was Dr. Gilbert Stuart, like many other men of talents, was imprudent -and rather embarrassed in his circumstances ; he applied to Lis- ton, as his college companion and friend in youth, for assistance.... and suffered not only the refusal of a few guineas, which was the humble request, but was deprived, through Listen s interfer ence, who represented him as a party writer, of employment from an oppulent Book-seller in London. This anecdote I had personally from Professor Stuart, soon after his son s death* OF JOHN ADAMS. promoted to the rank cf Colonel, and at the siege of York-town commanded the attack on one of the redoubts, the capture of which decided the fate of Lord Cornwallis and his army. The conduct of Mr. Hamilton on this occasion was truly honor able, and in the history of his life, oughr to weigh against several of those scars that have since stain ed his character. Previous to the assault, the Marquis de La Fayette proposed to General Wash ington, to put to death all the British troops that should be found in the redoubts, as a retaliation for several acts of barbarity committed by the roy al army. The steady and nervous mind of Wash ington, which was never known to yield to the vir tuous prejudice of compassion, gave his assent to the bloody order. But Mr. Hamilton, (the ten derness of whose feelings has led him into error) after the redoubts were subdued, took the conquer ed under his protection, and proved to his enemies that Americans knew how to fight but not to mur der. When the war was at an end, and the army disbanded, Mr. Hamilton betook himself to the stu dy of the law. For this purpose he retired to Al bany, where he secluded himself for several months, at the end of which he appeared at the bar of New- York, where in a short time he acquired the repu tation of an able advocate in point of legal know ledge and rhetorical talents. At this period the political sentiments of Mr. Hamilton were ob served to change. From being a zealous republi- 336 THE ADMINISTRATION can and the defendant of the rights of America, he gradually imbibed the tenets of aristocracy, until at length he became the admirer and advocate of every measure allied with monarchy. This change in Mr. Hamilton s principles, which at first proceeded from conviction, and has since been strengthened by views of interest, is easy to be accounted for. Mr. Hamilton, unfortunately, was a native of that part of the civilized world where tyranny and slavery prevail in a manner even unknown to the despots of Europe ; it was utterly impossible, that the habits and prejudices he contracted in infancy, could ever have been eradicated. The desire of ambition and power, which poisoned the first drop of blood that flowed in his veins, could only have been suppressed by a more powerful passion : this was the passion of war. Mr. Hamilton panted after fame and glory, and joined the republican standard as the most promising field fora display of those powers he possessed. He fought for liberty with the same zeal as a Briton would engage in the support of the Grand Turk or Dey of Algiers. To acquire the applause of his commander and the respect of his fellow soldiers, was his pride and am bition. In this he was successful : and while liber ty was the object of his struggle, he was a republi can. ...but when America procured her independ ence and the horrors of a civil war were at an end, Mr. Hamilton had no longer a scope for his ambi tion in the theatre of arms. In his studv of law he OF JOHN ADAMS. perceived another path to power ; his copious ima gination took a rapid survey of the civil code, the facinating structure upon which the feudal system is raised, and the combined policy of English juris prudence. In these fabrics of human knowledge,, the production of ages, Mr. Hamilton perceived something more lofty and splendid, than those sim ple forms which modern republicanism cultivates. The grandeur attendant on hereditary titles pleased his mind and flattered his vanitj. The American tory against whom he had fought, he now began to defend, his cause he espoused, and in every suit where a loyalist was concerned, Mr. Hamilton was the royal pleader. It is a certain fact that a great majority of the loyalists in the State of New-York owe the restoration of their property solejy to the exertions of this able orator. Before the federal government was established, in the year 1788, Mr. Hamilton proposed a new constitution, to be composed of the following arti cles : ff 1. The supreme legislative power of the Uni ted States of America, to be vested in two differ ent bodies of men ; the one to be called the Assem bly, the other the Senate, who together shall form the Legislature of the United States, with power to pass all laws whatsoever ; subject to the nega tive hereafter mentioned. 2. The Assembly to consist of persons elected by the people, to serve for three years. 3. The Senate to consist of per sons elected to serve during good behavior : their U u 338 THE ADMINISTRATION election to be made by electors chosen for that purpose by the people. ...in order to this, the States to be divided into election districts. On the death, removal or resignation of any Senator, his place to be filled out of the district from which he came. 4. The supreme Executive authority of the United States to be vested in a governor^ to be elected during good behavior ; the elec tion to be made by electors chosen by the people, in the election districts aforesaid ; the authorities and functions to be as follows : To have a nega tive upon all laws about to be passed, and the execution of all laws passed ; to have the direc tion of war, when authorized or begun ; to have, with the advice and consent of the Senate, the pow er of making all treaties ; to have the sole ap pointment of the heads or chief officers of finance and foreign affairs ; to have the nomination of all other officers, ambassadors to foreign nations in cluded, subject to the approbation or rejection of the Senate ; to have power of pardoning all offen ces except treason, which he shall not pardon with out the approbation of the Senate. 5. On the death, resignation or removal of the governor, his authorities to be exercised by the President of the Senate, till a successor be appointed. 6. The Sen ate to have the sole power of declaring war, the power of advising and approving all treaties, the power of approving and rejecting all appointments of officers, except the heads or chiefs of the depart ment of finance, war and foreign affairs. 7. The supreme judicial authority of the United States, to OF JOHN ADAMS. 339 foe vested in Judges, to hold their offices during good behavior, with adequate and permanent sa laries ; the court to have original jurisdiction in all cases of capture, and an appellate jurisdiction in aH causes on which the revenues of the general govern ment or the citizens of foreign nations are concern ed. 8. The legislature of the United States to have power to institute courts in each State, for the determination of all matters of general concern. 9. The Governors, Senators, and all officers of the United States, to be liable to impeachment for mal and corrupt conduct ; and, upon conviction, to be removed from office, and disqualified for holding any place of trust and profit ; and all impeachments to be tried by a court, to consist of the chief or judge of the superior court of law of each State, provided such judge hold his place during good be havior and have a permanent salary. 10. All laws of the particular States, contrary to the constitution or laws of the United. States, to be utterly void ; and the better to prevent such laws being passed, the Governor or President of each State shall be ap pointed by the general government, and shall have a negative upon the laws about to be passed in the State of which he is Governor or President. 11. No State to have any force, land or naval, and the militia to be under the sole and exclusive direction of the United States, the officers of which to be ap pointed and commissioned by them." Such a constitution as this, sketched out by Mr. Hamilton, would have been a direct extirpation 340 THE ADMINISTRATION of the rights of Americans. Experience has proved, that the number of Senators is so small, that a Pre sident may always command the acquiescence of a majority in any measure he thinks proper. If, therefore, the President and the Senate were to hold their places for life, nothing could be expected but tyranny and corruption. With the powers confer red by Mr. Hamilton, the President of the United States would only require the title of monarch to fit him for the company of the despots of Europe. In the year 1738, Mr. Hamilton was appointed Secretary of the Treasury; while in this department a circumstance occurred, which will ever place his character in a suspicious point of view. This is his celebrated avowed intrigue with Mrs. Reynolds, the wife of a Mr. Reynolds, whoise father had been in the commissary department during the revoluti onary war. Reynolds and one Jacob Clingham, a clerk in the employment of Mr. Muhlenberg, were arrested towards the close of 1792, at the instance of Mr. Wolcott, the comptroller of the treasury, on a charge for subornation of perjury Clingham procured bail, but Reynolds did not. ...when the latter was in custody, Clingham applied to Mr. Muhlenbergh for his aid in behalf of himself and Reynolds, ar<d repeatedly dropped hints, that Rey nolds knew several very improper transactions of Mr. Hamilton, signifying that he was deeply con cerned in speculation, and that he had it in his power even to hang him. This information created such uneasiness in the mind of Mr. Muhlenberg, OF JOHN ADAMS. 341 that he consulted with two of his friends, Mr. Mon roe and Mr. Venable, on the subject. They waited on Reynolds, who appeared to confirm the report made by Clingham, and added he could not com municate the particulars, as he was apprehensive it might prevent his discharge, but that he would dis close the whole when liberated. ...he procured his discharge through the interest of Hamilton, the morning after the visit of Monroe and Venable, and immediately absconded. The sudden enlargement and flight of Rey nolds, were additional proofs of the truth of what Clingham had suggested. Messrs. Muhlenberg, Monroe and Venable, in order to obtain some in formation respecting this singular story, waited upon Mrs. Reynolds, the wife of the runaway.... they found her alone and- in a state extremely agi tated ; after some difficulty they obtained the fol lowing particulars : That Colonel Hamilton and her husband had been for some time in the habit of correspondence, but at the request of the former and in the absence of the latter, she had burned almost all the letters ; that Colonel Hamilton offered her his assistance to go to her friends ; and he also advised that her husband should leave this country, not to be seen again, in which case he would give her something clever. Mrs. Reynolds also told Clingham that her husband received of Colonel Hamilton at one time, eleven hundred dollars.. ..Reynolds himself said that Colonel Hamilton had made thirty thousand o!2 THE ADMINISTRATION dollars by speculation, and had supplied him with money to speculate. Clingham reported, that after Reynolds was discharged, which was about eight or nine o clock in the evening, he (Reynolds) sent a letter about twelve o clock at night to Colonel Hamilton by a girl, whom Reynolds followed to the door. When the girl returned, he informed Clingham that he need not go out of town that night, but would call upon Colonel Hamilton next morning. These are the general particulars respecting this intricate correspondence, contained in the reports of Messrs. Muhlenberg, Monroe and Venable, which were made public by Mr. Callender in the year 1796. Mr. Hamilton immediately came forward w T ith his defence, or rather a confession of a crime, even of a more heinous complexion than a pecuniary spe culation. He avowed himself to the world to have been the seducer of an amiable, though unfortunate woman. No words can paint the baseness of this action more forcibly than the language of Mr. Hamilton. " The charge against me is a connection with one James Reynolds, for purposes of improper pecunia ry speculation. ...my real crime is an amorous con nection with his wife, for a considerable time, with his privity and connivance. " This confession is not made without a blush.... I cannot be the apologist of any vice, because the ardor of passion may have made it mine.... I can OF JOHN ADAMS. 343 never cease to condemn myself for the pang which it may inflict in a bosom eminently entitled to all my gratitude, fidelity and love. ...but that bosom will approve, that even at so great an expence, I would effectually wipe away a more serious stain from a name which it cherishes with no less elevation than tenderness. The public too, will, I trust, excuse the confession ; the necessity of it to my defence, against a more heinous charge, could alone have extorted from me so painful an indecorum. " Mr. Hamilton, by his own account, became ac quainted with Mrs. Reynolds in the following man ner : some time in the summer of 1791, a woman called, at his house in the city of Philadelphia, and asked to speak with him in private, he of course at tended her into a room apart from the family, with a seeming air of affliction, she informed him that she was a daughter of a Mr. Lewis, sister to a Mr. G. Livingston of the state of New-York, and wife to Mr. Reynolds, whose father was in the commissa ry department during the war with Great Britain ; that her husband, who for a long time had treated her very cruelly, had lately left her to live with another woman; and in so destitute a condition, that though desirous of returning to her friends she had not the means. ...that knowing Colonel Ham- o ilton was a citizen of New-York, and a generous man, she had taken the liberty to apply to his hu manity for assistance. Mr. Hamilton says that he was disposed upon hearing her story to afford her assistance, but it not 34 ! THE ADMIN 1 3TR ATION being convenient for him at the moment, he re quested the place of her residence. She very rea dily relieved his anxiety, and gave him the street and the number of the house where she lodg ed. Towards evening he put a bank bill in his pocket, and making some apology to Mrs. Ham ilton, went off to administer comfort to the distressed female. He enquired for Mrs. Reynolds, and was shewn up stairs, at the head of which the lady met him, and conducted him into her be-d room. He took the bill out of his pocket and slipped it into her hand ; some tender conversation then ensued, from which it was quickly apparent, (says Mr. Hamilton) " that other than pecuniary consolation would be acceptable." Such was the nature, according to Mr. Hamil ton, of his connection with Reynolds and his wife. He rambled for eighteen months in this scene of pollution, and squandered, by all accounts, above twelve hundred dollars, to conceal the intrigue from his loving spouse. Those who experience the same tender feelings with Mr. Hamilton, may give credit to his tale of shame; but the cold hearted en quirer will more probably assign his profligacy to a different cause ; at any rate he will allow that a person of such amorous habits, was by no means qualified to fill the office of Secretary to the Trea sury. The next important incident in the history of Mr. Hamilton, is his defence of the British treaty. He appointed a day to meet its opponents, and con- OF JOHN ADAMS. 345 vince them by argument of the benefits arising to the United States from the articles it contained. No place is more unfit for a display of logical reason than the assembly of a tumultuous mob.... The rhetoric of Mr. Hamilton was soon overpower ed by hisses and shouts of reproach. When he was thus prevented from advocating its cause by the force of oratory, he had recourse to the elo quence of the pen, and published a series of letter;* under the signature of Camillus, in defence of the British treaty. These letters, though the sentiments they con tain are inimical to the interest of this country, ought, notwithstanding, to be held in the highest veneration, by every lover of literature. The cor rect style of language which they exhibit will be long a model of perfection to Americans ; and with out laying claim to the gift of prophecy, I may safe ly assert, that the pages of Camillus will be read when the British treaty and the name of Governor Jay will be otherwise buried in oblivion. Mr. Hamilton has been severely censured, and perhaps with justice, as being the author of the funding system, the promoter of the snuff excise law, that passed the 5th of June 1791, and the cause of the war of 1790 with the North-western Indians. Mr. Hamilton was, in 1798, appointed inspec tor-general and commander in chief next to Wash ington, of the army of the United States. This promotion the merits of Mr. Hamilton certainly Xx 346 TH ADMINISTRATION deserved. His abilities in this respect dare not be doubted. ...and if ever it should be the misfortune of America to be involved in a war, while Mr. Hamilton lives, it would be both imprudent and unjust, were he deprived of a principal command. The literary fame of General Washington is said to have been raised on the talents of Alexan der Hamilton ; and report even whispers, that Hamilton himself claims the merit of Washington s letters, and that he has boasted of receiving letters from General Washington, with the word private wrote on the back of them, and a cross drawn over the seal. After opening such a parcel, the contents were, " Dear Hamilton, put this into style for me" prefixed to some speech or letter inclosed. The let ters of Washington are, however, much inferior to those of Hamilton, and differ remarkably in point of style. Most probably they no more received the nice correction of Hamilton, than the lectures of Sir Joshua Reynolds did the finishing strokes of Edmund Burke. Such are the general outlines of the life and character of Alexander Hamilton. As a soldier and scholar, he has rendered most eminent services to the United States, but as a political character, he has been the greatest misfortune. OF JOHN ADAMS. 347 CHAPTER XIII. Meeting of the sixth Congress.. ..Presidents Speech .... Death of General Washington.... Proceedings of Congress.. .John Randolph insulted at the Thea tre of Philadelphia... .Acts passed by Congress. Monday the 2d of December, both houses of the sixth Congress met in their first session. Mr. Sedgwick was chosen Speaker, and oh the 3d of December the President delivered the follow ing speech : " Gentlemen of the Senate, and " Gentlemen of the House of Representatives, " It is with peculiar satisfaction, that I meet the sixth Congress of the United States of Ameri ca. Coming from all parts of the union at this cri tical and interesting period, the members must be fully possessed of the sentiments and wishes of our constituents. " The flattering prospects of abundance from the labors of the people by land and by sea ; the prosperity of our extended commerce, notwith standing interruptions occasioned by the bellige rent state of a great part of the world ; the return of health, industry and trade to those cities which have been lately afflicted with disease, and the va rious and inestimable advantages, civil and religious, which, secured under our happy frame of govern ment, are continued to us unimpaired, demand of the whole American people sincere thanks to a 318 THE ADMINISTRATION benevolent Deity for the merciful dispensations of his Providence. But while these numerous blessingsarc recollected, it is a painful duty to advert to the un grateful return which has been made for them* by some of the people in certain counties of Pennsyl vania, who were seduced by the arts and misrepre- sentationsof designing men : they have openly re sisted the law directing the valuation of houses and lands.. ..such defiance was given to the civil authori ty as rendered hopeless all further attempts by judi cial process, to enforce the execution of the law, and it became necessary to direct a military force to be employed consisting of some companies of regular troops, volunteers and militia, by whose zeal and activity, in co-operation with the judicial power, order and submission were restored, and many of the offenders arrested. Of these, some have been convicted of misdemeanors, and others charged with various crimes, remain to be tried. " To give due effect to the civil administra tion of government, and to insure a just execution of the laws, a revision and amendment of the judi ciary system is indispensably necessary. In this extensive country, it cannot but happen that nume rous questions respecting the interpretation of the laws, and the rights and duties of officers and citi zens must arise. ...on the one hand the laws should be executed , on the other individuals should be guarded from oppression. Neither of these objects is sufficiently assured under the present organiza tion of the judicial department: I therefore ear- OF JOHN ADAMS. 349 netsly recommend the subject to your serious con sideration. Persevering in the pacific and humane policy which had been invariably professed, and sincerely pursued by the executive authority of the United States, when indications were made on the part of the French Republic, of a disposition to accom modate the existing differences between the two countries, I felt it to be my duty, to prepare for meeting their advances by a nomination of minis ters upon certain conditions which the honor of our country dictated, and which its moderation had given it a right to prescribe. The assurances which were required of the French government previous to the departure of our envoys, have been given through their minister of foreign relations; and I have directed them to proceed on their mission to Paris. ...they have full power to conclude a treaty, subject to the constitutional advice and consent of the Senate. The characters of these gentlemen are sure pledges to their country, that nothing incom patible with its honor or interest, nothing incon sistent with our obligations of good faith or friend ship to any other nation, will be stipulated. " It appearing probable, from the information I received, that our commercial intercourse with some ports in the island of St. Domingo, might safe ly be renewed, I took such steps as seemed to me expedient to ascertain that point : the result being satisfactory, I then, in conformity to the act of Con gress on the subject, directed the restraints and 350 THE ADMINISTRATION prohibitions of that intercourse to be discontinued, on terms which were made known by proclama tion. Since the renewal of this intercourse, our citizens, trading in those ports with their property, have been duly respected, and privateering from those ports has ceased. "In examining the claims of British subjects by the commissioners at Philadelphia, under the sixth article of the Treaty of Amity, Commerce and Navigation with Great Britain, a difference of opin ion on points deemed essential in the interpretation of that article, has arisen between the commission ers appointed by the United States and the other members of that board, from which the former have thought it their duty to withdraw. It is sincerely to be regretted that the execution of an article pro duced by a mutual spirit of amity and justice, should have been thus unavoidably interrupted.... it is, however, confidently expected, that the same spirit of amity, and the same sense of justice in which it originated, will lead to satisfactory expla nations. In consequence of the obstacles to the progress of the commission in Philadelphia, his Britannic Majesty has directed the commissioners appointed by him, under the 7th article of the trea ty relating to British captures of American vessels^ to withdraw from the board sitting in London, but with the express declaration of his determination to fulfil with punctuality and good faith, the en gagements which his Majesty has contracted by his treaty with the United States, and that they will OF JOHN ADAMS. 351 be instructed to resume their transactions, whenever the obstacles which impede the progress of the Commission at Philadelphia shall be removed. " It being in like manner, my sincere determin ation, so far as the same depends on me, with that equal punctuality and good faith, the engagement contracted by the United States in their treaties with his Britannic Majesty, shall be fulfilled, I shall im mediately instruct our Minister at London, to en deavor to obtain the explanations necessary, to a just performance of those engagements on the part of the United States. ...with such dispositions on both sides I cannot entertain a doubt, that all diffi culties will soon be removed, and that the two boards will then proceed and bring the business committed to them respectively, to a satisfactory conclusion. cc The act of congress relative to the seat of the government of the United States, requiring that on the first Monday of December next, it should be transferred from Philadelphia to the district cho sen for its permanent seat; it is proper for me to inform you, that the commissioners appointed to provide suitable buildings for the accommodation of Congress and the President, and for the public officers of the government, have made a report of the state of the buildings designed for these pur poses in the city of Washington, from whkh they conclude, that the removal of the seat of govern ment to that place at the time required will be practicable, and the accommodation satisfactory.,.. Their report will be laid before you, 352 THE ADMINISTRATION " Gentlemen of the House of Representatives, " I shall direct the estimates of the appropria tions necessary for the service of the ensuing year, together with an account of the revenue and ex penditure to be laid before you. During a period in which a great portion of the civilized world has been involved in war, unusually calamitous and destructive, it was not to be expected that the Uni ted States could be exempted from extraordinary burthens. <c Although the period is not arrived when the measures adopted to secure our country against fo reign attack, can be renounced ; yet it is alike ne cessary to the honor of the government, and the satisfaction of the community, that an exact ceco- nomy should be maintained. I invite you, gentle men, to investigate the different branches of the public expenditure. ...the examination will lead to beneficial intrenchments, or produce a conviction of the wisdom of the measure to which the expen diture relates. " Gentlemen of the Senate, and "Gentlemen of the House of Representatives, " At a period like the present, when momentous changes are occurring, and every hour is preparing new and great events in the political world.... when a spirit of war is prevalent in almost every nation with whose affairs the interests of the United States have any connection; unsafe and precarious would be our situation, were we to neglect the means of maintaining our just rights. The result of the OF JOHN ADAMS. 353 mission to France is uncertain , but however it may terminate, a steady perseverance in a system of na tional defence, commensurate with our resources and the situation of our country, is an obvious dic tate of wisdom. For remotely as we are placed from the belligerent nations, and desirous as we are by doing justice to all to avoid offence to any, nothing short of the power of repelling aggressions will secure our country a rational prospect of escap ing the calamities of war or national degradation. As to myself, it is my anxious desire so to execute the trust reposed in me, as to render the people of the United States prosperous and happy. I rely with entire confidence on your co-operation in ob jects equally your care, and that our mutual labors will serv 7 e to increase and confirm union among our fellow-citizens, and an unshaken attachment to our government." On the motion of Mr. Bayard, the President s speech was referred to a committee of the whole house, on the state of the union. On Monday the 9th of December, both houses of Congress waited separately upon the President with their respective addresses. On Wednesday the ilth of December, Mr. Harper, by the direction of the committee of ways and means, brought in a bill to amend the act, en titled, " An act to provide for the valuation of lands and dwelling houses, and the enumeration of slaves within the United States/ which was grant ed. Yv 354 THE ADMINISTRATION Monday, December 16, Mr. H. Lee moved, that a committee be appointed to report whether any, and if any, what alterations were necessary to be made in the militia law of the United States. In prefacing his motion, General Lee said "he wished to call the attention of the house to a sub ject highly interesting to the citizens of the United States, and deserving the serious attention of its legislature. He thought the system heretofore pursued was radically wrong, and viewed every measure which was not predicated on the wishes of the people, as answering but little effect. He wished to see that system of defence which, grow ing out of nature, should enable all men to serve without injuring their families. ...the youth of our country should alone be called upon, who would be found sufficiently adequate for its defence. Se venteen and twenty-six, were the age of which the defenders of our country should consist. When father arid son are arrayed in the same ranks, a wa vering must take place, and present an opportunity for an impression from the enemy." During the same sitting, a report was made by the commissioners of the sinking fund, inclosing a report to them from the secretary of the treasury, and sundry official statements of the accounting of ficers of the treasury department, relative to the measures which had been authorized by the com missioners, for purchasing the public debt subse quent to their report of the 15th December, 1798. OF JOHN ADAMS. 355 By the secretary s report, it appeared that the sum of 1,034,938-2 dollars had been applied to wards the discharge of the principal debt of the United States. On Wednesday, the 1 1 8th of December, congress received the afflicting intelligence of the death of General Washington. General Marshall came into the House of Re presentatives, after the journal was read, apparent ly much agitated, and addressed the Speaker in the following words: o " Information, Sir, has just been received, that our illustrious fellow-citizen, the commander in chief of the American army, and the late President of the United States, is no more." The House of Representatives, as well as the Senate, in consequence of a national calamity so heavy and distressing, immediately adjourned. Some account of this great and virtuous soldier may, perhaps, be here expected; but this is a task of too important a nature to be discussed in the trifling compass of a few pages. The life of Wash ington is a subject which ought not to be polluted by a transient sketch, or connected with the vices of a corrupted administration. Whatever might be the errors which the weakness of age induced Washington to commit in the latter period of life, his former actions ought to screen them from the virulence of calumny, and protect his memory from the reproach of party spirit. A certain republican writer has indulged too freely in the abuse of this great patriot. Perhaps even the compiler of this 356 THE ADMINISTRATION volume may be censured for the same reason ; but whenever any unwarranted expressions are drop ped, they ought to be regarded as the effect of a survey of his politics abstracted from the man. When we separate the latter from the former, w r e view only a monument of virtue and wisdom, but when we blend them together, we are forced to regret the tarnish and incrustation of prejudice, which time had inflicted. The House of Representatives, at their next meeting, exhibited a pleasing, though mournful evidence of the respect which was felt for the cha racter of General Washington. The Speaker s chair and table, and the tables on each side, were entirely shrouded in black ; the casement in the rear of the Speaker s chair, and the recess, were also elegantly ornamented with mourning ; the prints presented to the house by Mr. Trumbull, the histo rical painter, were overhung with curtains of black. Between these, and in the centre of the house, -<\ striking likeness of the illustrious Hero was added, which acted as a feeling index of the weeping emblems that surrounded it. On January the 2d, a petition was presented to the House of Representatives, by Mr. Wain, from the free blacks of the city and county of Phi ladelphia, prating fora revision of the laws of the United States, relative to the slave trade ; of the act relative to fugitives from justice, and for the adoption of such measures as should in due time OF JOHN ADAMS. 357 emancipate the whole of their brethren from their disagreeable situation. Mr. Rutledge opposed the petition with the abusive insolence so natural to this southern legis lator. " The gentlemen who formerly (said Rut- ledge) used to advocate liberty, have retreated from their post and committed the important trust to the care oi black patriots ; they tell the house they are in s]avery....fhankGod they are. They say they arc not re presented.. ..certainly they are not ; and I trust the day will never arrive zvhen the Congress of the United States will display a parly colored assembly. Too much of this new-fangled French philosophy of liberty and equality has found its way among these gentlemen of our plantations, for which nothing will do but liberty" Harrison G. Otis brought forward his usual eloquence on this occasion : he said that though he possessed no slaves he saw no reason why others might not, and that the proprietors of them were the fittest persons, and not Congress, to regulate that species of property. Mr. Thatcher, to the surprise of many, differed from his countryman ; and thought the petitions of black men deserved equal consideration with those of whites. Mr. Brown, of Rhode-Island, argued that the petition was not the production of the negroes, but the contrivance of a combination of jacobins, who had troubled Congress for many vears past, and he feared never would cease. lie begged, therefore. 358 THE ADMINISTRATION that the gentleman who put the petition on the ta ble, might be desired to take it back again. He was truly sorry to see such a dangerous paper sup ported by such a worthy member of the house and good federalist as Mr. Thatcher. Messrs. Gallatin, Smilie, Dana, Bird and Ed- mond, supported the motion ; but when the yeas and nays were agreed to be taken, Mr. Wain with drew his motion and substituted another ; which went to say, that certain parts of the petition should be reserved, so as to obviate the most particular objection urged against a reference. A resolution by Mr. Nicholas, for reducing the army establishment, was taken into consideration upon the 10th of January, but negatived, there be ing 39 in favor of it, and 59 against it. The debates upon this resolution gave rise to an affair which reflected considerable disgrace both upon the President and the military of the United States ; viz. the unwarrantable assault upon Mr. John Randolph, a Representative from the State of Virginia, Mr. Randolph had in the course of his speech on that occasion, unfortunately used the term Rag- gamiiffins, in speaking of the army. A phrase so degrading was certainly improper, but Mr. Ran dolph had been warmed by debate, and the con duct of Truxton, the panegyrist of Sterret, was fresh in his memory. At any rate Mr. Ran dolph was protected by an express clause of the constitution, however insulting his censures on OF JOHN ADAMS. 359 the conduct of the army or navy officers might ap pear. On the evening of the 10th of January, Mr. Randolph went to the theatre in Philadelphia. During the representation, one Captain M Knight and a Lieutenant Reynolds, of the marines, took frequent opportunities of peeping into the box where Mr. Randolph was, and of whispering to each other. At length they entered into it, and re peated several times in an elevated tone of voice, the word raggamuffins ; with some other expres sions which could not be mistaken. Mr. Randolph took not the smallest notice of their rudeness. Rey nolds, in order to provoke a quarrel, leaped upon the seat where he was sitting ; and though the seat was crouded, squeezed himself into it close to Ran dolph s side. The latter made as much room as possible for the marine bravado, who perceiving his attempts were in vain, rose and came away. Captain M Knight then came forward, and acted over the same scene of disgusting rudeness ; an other officer of the name of Taylor, who also bore the rank of captain, performed the part of prompt er, but had not the effrontery to take part in the assault himself. At the close of the performance, when Mr. Randolph was coming down the stair-case, one of the officers came behind and pulled him backwards by the neck of his coat, while the other two severe ly justled him, but Mr. Randolph having quickly 360 THE ADMINISTRATION extricated himself, all the three scampered off.... No farther disturbance took place. Next day Mr. Randolph addressed the follow ing letter to the President : "SlR, " Known to you only as holding, in common with yourself, the honorable station of servant to the same sovereign people, and disclaiming all pretensions to make to you any application which^ in the general estimation of men, requires the pre face of apology, I shall, without the circumlocution of compliment, proceed to state the cause which induces this address. " For words of a general nature, uttered on the floor of the house, and addressed in my official ca pacity, to the chairman of the committee of the whole, and urged with a view to effect the reduction of a military establishment, I have been grossly and publicly insulted by two officers of the army, (or navy, I know not which) with evident intention to provoke me to a conduct which, in some sort, might justify the hostile designs which they mani festly entertained towards me, and from the execu tion of which I believe they were only deterred by the presence of several of my friends, (members of this house) who felt themselves implicated in an in sult which, although more particularly offered to one, was certainly levelled at all. "I am acquainted with the name of one only of these unfortunate young men, who appear to have made so false an estimate of true dignity of charac- OF JOHN ADAMS. 361 ter ; who seem to have mistaken brutality for spirit, and an armed combination against an individual, for an indication of courage. " He was called, I think, M c Knight.... rank un known, and, to my best recollection, of the navy. Mr. Christie, a member of this house, appeared to know him ; and that gentleman, with captain Campbell Smith, who, as I understood, endeavored to deter those rash youths from their scheme, and whose conduct would evince, if indeed there were any need of proof, that the character of the man and the citizen is not incompatible with the pro fession of the soldier, can give an account of the various instances of misconduct which were exhi bited by the same parties. Mr. Van Rensselaer the Lieutenant -Governor of New-York, Mr. Ni cholas, Mr. Glen, and Mr. Macon, of the House of Representatives, were likewise present at the trans actions. " Having stated the fact, it would be deroga tory to your character, Sir, for me to point out the remedy, which it is your province to provide, nor shall I descend from the respect which I owe my self to declare what are not the considerations which govern my conduct on this occasion ; so far as they relate to this application addressed to you in a public capacity, they can only be supposed by you to be of a public nature ; and it is enough for me to state that the independence of the legislature has been attacked, the majesty of the people, of which you are the principal representative, insulted, 362 THE ADMINISTRATION and your authority contemned. In their name I demand that a provision commensurate with the evil be made, and which will be calculated to deter others from any future attempt to introduce the reign of terror into our country. In addressing you in the plain language of man, I give you, Sir, the best proof that I can afford, of the estimation in which I hold your office, and your understanding - 9 and I assure you with truth, that I am, with respect, your fellow-citizen, "JOHN RANDOLPH, JUN. " To the President of the ) " United States." ) Mr. Adams, upon receiving the above, inclo sed it with the following message to the House of Representatives : f( Gentlemen of the House of Representatives, " As the inclosed letter, from a member of your house, received by me in the night of Saturday the llth instant, relates to the privileges of the house, which, in my opinion, ought to be enquired into in the house itself, if any where, I have thought pro per to submit the whole letter, and its tendencies, to your consideration, without any other comments on its matter or style. " But as no gross impropriety of conduct, on the part of persons holding commissions in the army or navy of the United States, ought to pass without due animadversion, I have directed the Secretary of War, and the Secretary of the Navy, to investi gate the conduct complained of, and to report to OF JOHN ADAMS. 363 me, without delay, such a statement of facts as will enable me to decide on the course, which duty andjustice shall appear to prescribe. "JOHN ADAMS. " United States, \ " 14th Jan. 1800." } Mr. Kittera moved, when the message was re ceived, that it, and the letter accompanying it, be referred to a select committee. Mr. Randolph hoped it would not. It was far from his expectations, he said, when he addressed the letter now before the house, to the President, that it would have been made the subject of a commu nication. Had he thought the house could have re medied the abuse complained of, he would have entered his complaint here ; but he did not conceive it within their jurisdiction ; and he was opposed to it as being a bad precedent, which might, at some future period, be prostituted to purposes injurious to the country. The power of the commander in chief of the army, in his opinion, was sufficient to afford a remedy, and to restrain men under his com mand from giving personal abuse and insult; and he, therefore, disclaimed any wish that the house should take measures for his protection. The voice of the house appeared to be unani mous for the commitment, and several members expressed an opinion, that the President, in sub mitting the subject to the house, had acted judici ously, it being a question on which he could not, dare not decide. ...it was a constitutional prerogative 364- THE ADMINISTRATION vested in that house alone, and that house, after having a statement of facts, were to be the sole judges of them. The wish of the complainant to suspend enquiry, ought not to have any weight, for if a member was to be insulted for language made use of in debate, there was an end to all legislation, and they might as well return to their homes at once. The question for commitment was put and car ried, and Mr. C. Goodrich, Mr, Macon, Mr. Kit- tera, Mr. Sewall, Mr. Robert Williams, and Mr. Bayard were appointed. This committee, upon a review of the evidence produced before t lem, found that sufficient cause did not appear for the interposition of the house, on the grounds of a breach of privilege. Thus was a most unwarranted insult offered to a representative, passed over with impunity. The conduct of Mr. Adams on this occasion, was high ly censurable. In him properly was vested the power of checking the arrogant insolence of mili tary puppies, who dare to assume, in a free country, that authority which is only suffered in the domin ions of despotism. No cause hastended more to reflect disgrace on the profession of arms, than the modern practice of investing with command a beardless boy, without either education or experience, and whose only pursuits in life have been passed in the bed-chain- ber of an indulgent mother. This practice is more prevalent in Britain than in any country of Europe. One half of the officers who command the OF JOHN ADAMS. 365 armies of George, are drawn at the age of twelve and thirteen, from the mountains of Caledonia, ig norant of every art in life, but that of procuring the food which their barren vallies afford, and of paying an implicit obedience to a tyrant chieftain equally destitute of understanding as the soil which gave him birth. Among many other absurd usages, this is one which America has borrowed from her mother country ; for of all the classes of citizens in the Uni ted States, the officers of the navy appear in general to be most removed from the state of science and literature....! make not this remark to detract from their bravery. This qualification they certainly possess in an equal degree with any nation of the world ; but it ought to be remembered, that courage, though an essential, constitutes but a small part of the requisite education of a modern soldier. In a republic, in particular, the study of military and naval tactics ought to be cultivated with the greatest zeal, and the morals of the young soldier guarded with the strict eye of virtue and re ligion. No man is to be so much respected as the soldier who understands his profession, defends the rights of his country, and adores his creator ; while no miscreant ought to be held in such contempt as the livery bravado, who knows neither the re spect due to his country or to his God. Both Houses of Congress rose upon the 4th of May, after passing the following acts : 366 THE ADMINISTRATION 1. An act for reviving and continuing suits and proceedings in the circuit court for the district of Pennsylvania. 2. An act extending the privilege of franking to William Henry Harrison, the delegate from the Territory of the United States, North West of the Ohio ; and making provision for his compensa tion. 3. An act supplementary to the act, intitled, " An act to provide for the valuation of lands and dwelling houses, and the enumeration of slaves, within the United States." 4. An act for the relief of persons imprisoned for debt. 5. An act for the preservation of peace with the Indian tribes. 6. An act to repeal part of an act, intitled, " An act to provide for mitigating or remitting the forfeitures, penalties and disabilities, accruing in certain cases therein mentioned, and to continue in force the residue of the same. * 7. An act for the relief of John Vaughan. 8. An act giving further time to the holders of military warrants, to register and locate the same. 9. An act to suspend in part an act, intitled, " An act to augment the army of the United States, and for other purposes. " 10. An act further to suspend the commercial intercourse between the United States and France, and the dependencies thereof. 1 1 . An act for the relief of James Yard. OF JOHN ADAMS. 367 12. An act providing for the second census, or en umeration of the inhabitants of the United States. 13. An act in addition: to the act, intitled, " An act regulating the grants of land appropriated for military services, and for the Society of the United Brethren, for propagating the gospel among the Heathen." 14. An act to provide for salvage in cases of re-capture. 15. An act declaring the assent of Congress to certain acts of the States of Maryland and Georgia. 16. An act to alter the times of holding the dis trict court in North-Carolina. 17. An act for the relief of Campbell Smith. 18. An act to extend the privilege of franking letters and packages to Martha Washington. 19. An act to establish an universal system of bankruptcy throughout the United States. 20. An act to discharge Robert Sturgeon from his imprisonment. 21. An act to allow a drawback of duties on goods exported to New-Orleans, and thereby to amend the act, intitled, ec An act to regulate the collection of duties on imports and tonnage." 22. An act to continue in force Cf An act con cerning certain fisheries of the United States, and for the regulation and government of the fishermen employed therein," and for other purposes as there in mentioned. 23. An act to alter the form of certain oaths and affirmations, directed to be taken by the act, S68 THE ADMINISTRATION intitled, " An act providing for the second census, or enumeration of the inhabitants of the United States. 24. An act for the relief of the Corporation of Rhode-Island College. 25. An act to extend the privilege of obtaining patents for useful discoveries and inventions, to certain persons therein mentioned, and to enlarge and define the penalties for violating the rights of patentee. 26. An act to fix the compensation of the Pay master-General, and assistants to the Adjutant-Ge neral. 27. An act to continue in force, the act, inti tled, "An act to authorise the defence of the mer chant vessels of the United States, against French depredations." 28. An act to continue in force, for a limited time, an act, intitled, "An act to prescribe the mode of taking evidence in cases of contested elec tions for members of the House of Representatives of the United States, and to compel the attendance of witnesses. * 29. An act fixing the rank and pay of the com manding officer of the corps of marines. 30. An act supplementary to the act to regu late trade and intercourse with the Indian tribes, and to preserve peac e on the frontiers. 31. An act to establish a general stamp-office. 32. An act to alter and to establish sundry post roads. OF JOHN ADAMS. 369 S3. An act for the better government of the navy of the United States. 34. An act respecting the mint. 35. An act to continue in force the act, in ad dition to the act for the punishment of certain crimes against the United States. 36. An act to repeal the act laying duties on mills and implements employed in the manufacture of snuff. 37. An act to make further provision for the removal and accommodation of the government of the United States. 38. An act to authorise the President of the U- nited States to accept for the United States, a ces sion of jurisdiction of the territory west of Penn sylvania, commonly called the western reserve of Connecticut. 39. An act to provide for re-building the light house at New-London ; for the support of a light house at Clark s Point ; for the erection and sup port of a light-house at Wigwam Point ; and for other purposes. 40. An act supplementary to the laws now in force, fixing the compensation of the officers of the Senate and House of Representatives. 41. An act to divide the territory of the United States north-west of the Ohio, into two separate governments. 42. An act to enable the President of the Uni ted States to borrow money for the public service. A a a 37O THE ADMINISTRATION 43. An act to continue in force an act laying an additional duty on salt imported into the United States, and for other purposes. 44. An act to authorise the allowance of a cre dit to William Tazewell. 45. An act to authorise the sale and convey ance of lands, in certain cases, by the marshals of the United States, and to confirm former sales. 46. An act for the regulation of the public ar senals and magazines. 47. An act making appropriation for the support of government, for the year one thousand eight hundred. 48. An act making appropriations for the mili tary establishment of the United States, for the year one thousand eight hundred. 49. An act to establish the district of Kennc- bunk, and to annex Lyme to New-London, to alter the district of Bermuda-Hundred and City-Point, and further to amend the act regulating the collec tion of duties on imports and tonnage. 50. An act supplemental to the act, intltled, " An act for an amicable settlement of limits with the state of Georgia, and authorising the establish ment of a government in the Missisippi territory." 5 1 . An act in addition to the act, intitled, " An act to prohibit the carrying on the slave trade from the United States to any foreign place or country." 52. An act for the relief of Ithamar Canfield. 53. An act to provide for equalizing the valua tion of unseated lands. OF JOHN ADAMS. 371 54. An act supplementary to an act, intitled, " An act to establish the compensation of the officers employed in the collection of the duties on impost and tonnage. " 55. An act to amend an act, intitled, "An act for the sale of the lands of the United States in the territory north-west of the river Ohio., and above the mouth of Kentucky river/ 56. An act to make appropriations for the navy of the United States during the year 1800. 57. An act to ascertain the compensation O f public ministers. 58. An act supplementary to the act, intitled, " An act to establish the treasury department. 59. An act to authorise the issuing of certain patents. 60. An act directing the payment of adetatch- ment of the militia under the command of Major Thomas Johnson, in the year 1794. 6 1 . An act to retain a further sum on drawbacks for the expences incident to the allowance and pay ment thereof, and in lieu of stamp duties on deben tures. 62. An act to make provisions relative to rations for Indians, and for their visits to the seat of go vernment. 63. An act to authorise certain expenditures, and to make certain additional appropriations for the year 1800. 64. An act to lay additional duties on certain articles imported. 572 THE ADMINISTRATION 65. An act enlarging the powers of surveyors of the revenue, 66. An act to appropriate a certain sum of mo ney to defray the expences of holding treaty or trea ties with the Indiar^. 67. An act to malce further provisions for the children of colonel John Harding and major Alex ander Trueman, deceased. 68. An act supplementary to the act establish ing the mint, and regulating the coins of the United States. 69. An act supplementary to the act to suspend part of an act, intitled, " An act to augment the army of the United States/ and for other purposes. CHAPTER XIV. Remarks on the Constitution oj Connecticut.... Trials of Cooper* Fries > Calknder and Holt.... General observations. those States which were the abettors of John Adams and his party, and the opposers of the rights of American citizens, none, not even Massa chusetts, the cradle of aristocracy, made such a con spicuous figure as the small State of Connecticut. This naturally excites our wonder and astonish ment, as the inhabitants of this State are principal- OF JOHN ADAMS. 373 ly employed in the peaceful occupation of husband- jy. But the surprise of the reader will vanish when he is informed that in no part of the world the bigotry of priesthood reigns so triumphant, or that the dark shades of superstition no where cloud the understanding of man in such a degree, as among the unhappy natives of Connecticut. This State has not formed any constitution since the revolution, but ancient superstition and the prejudice of custom have established an hierarchy, which is directed by a sovereign pontiff, twelve cardinals, a civil council of nine, and about four hundred parochial bishops. The present priest, who may be honored with the appellation of Pope, is Timothy Dwight, Presi dent of Yale college. The corporation of this col lege, which seems to be the main spring and vital part of the State government, is composed of the President, twelve clergymen, and seven senior members of the first branch of the State Legislature. The clerical part are all denominated Congregation- alists, which is the prevailing and principal religi ous order in Connecticut. The Legislature sits twice each year. The re presentative branch is chosen for each session ; the other branch and chief officers of government, are chosen annually. The people qualified to vote in elections, assemble in their several districts in the month of September, annually, and elect their re presentatives ; they also vote for a certain number of persons who are to be candidates, or to stand in 374 THE ADMINISTRATION nomination for election into the first branch of the Legislature at the next annual election. In April, the people qualified to vote, assemble again, choose their representatives, vote for governor, lieutenant- governor, and some other officers of government for the year ensuing ; and also from the list or no mination made at the preceding meeting in Sep tember, they at that time elect the persons who are to compose the first branch of the Legislature. In May the Legislatures convene, when the votes for governor, &c. are canvassed, and the result of the election proclaimed. ...This is called the general election. The representatives in Congress are elected from a previous nomination, made once in two years, in the form already mentioned. The annual commencement at Yale college takes place in September, a short time previous to the election of the Legislature. At this time the pre sident is attended by his twelve cardinal members of the corporation, the governor, lieutenant-gov ernor, and seven other senior members of the first legislative house (which compose the lay part) and the greatest part of the clergy. On this occasion, the governor and other civilians are subordinate to the president, and they feel deeply impressed with a sense of their subordination, knowing that he can kill or make alive at the next annual election ; that he emphatically holds the keys which command their political damnation or salvation. The Pope, being thus surrounded by his cardi nals, his civil councils and his parochial bishops, OF JOHN ADAMS. 375 determines the order and detail of the ensuing elec tion. Each one returns home with a perfect un derstanding of the part he is to act. The clergy apply themselves to such persons in their respec tive parishes as can most effectually influence the representatives in Congress; and the members of the first legislative branch being chosen from the State at large, and not from particular election districts, the people can have but little personal knowledge of the candidates, and must necessarily act through information received from others. The parochial bishop claims to know who are the fittest and best men to be entrusted with the public concerns of the nation. ...all who are of a different religious de nomination from himself, or who deny or doubt the Pope s supremacy, or infallibility, are denoun- .ced as anti-christian, anti-federal, jacobinicai, dis organizing scoundrels. The Sunday previous to the day on which the people meet to deliver in their suffrages, is devoted to political harrangues from the political desk. On these occasions, in the heat of political zeal, the preacher will name the indivi duals who are to receive or be excluded from po pular approbation, and with a holy fervor, instruct the people of his charge how they are to bestow their suffrages, threatening divine vengeance on aJl who disregard his pious admonitions. The influence which has been described does not stop at this point. The newspapers which cir culate in every parish, village or neighborhood, are either patronized or discountenanced by the clergy- 376 THE ADMINISTRATION man, according as they promote or oppose his de signs. ...his efforts are seconded by all persons seek ing offices by clerical aid, or who hold any offices under that speciesof influence. Hence the editors of newspapers in Connecticut, are compelled to take the current, and the press is employed to de stroy or bring into contempt those republican prin ciples and sentiments, which led Americans through the revolutionary war, and secured the indepen dence of their country. The characters of the governor, lieutenant-gov ernor and most of the legislators in Connecticut, are highly federal.* Mr. Trumbull, the governor, is possessed of principles that even border upon monarchy.. ..like Mr. Adams, he approves of the British Constitution as the most rational and stable of political govern ments. Mr. John Treadwell, the lieutenant-governor, in his public conduct, has never evinced talents of a superior order. As a scholar, he has small claims to distinction. As a judge of a country court, he does not understand even the terms which the lawyers make use of in addressing him. As a poli tician, he is familiar with the intrigues and cabals which have existed in Connecticut since he has had a share in her councils, but his views extend no further. He is unacquainted with the various * For the characters of the Legislators of Connecticut, the reader is indebted to a writer in the Aurora of April last, upon whose information he may place Hiance. OF JOHN ADAMS. 377 systems of policy, which have been adopted by dif ferent nations at successive periods of time, and he knows nothing of the great principles of legis lation. His conduct, since he came into office, has, on many occasions, evinced a dark destitution of prin ciple, and, though he makes great professions of Christian piety, he has not scrupled to use his ut most exertion to injure the reputation of any one whose station or talents impeded his elevation. His conduct towards Mr. Lawrence, formerly the trea surer of the State, displays the real character of the man.,.. Tread well, anxious to remove that gentle man from office, to make place for one whom it was his interest to promote, by artful insinuations and false representations, induced the council to be lieve that there had been misconduct in office, and caused the treasurer to be removed. But even this did not satisfy him, for he commenced a prosecu tion at law, where, at a solemn trial before the Su preme Court, it was proved, beyond the possibility of a doubt, that the treasurer had conducted himself with singular fidelity and ability, and his reputation was vindicated to the satisfaction of a court and jury. ...but this did not avail, for his office had been given to another, and he found at last that there was no refuge from the persecution of his antagonist but in the grave. Mr. Treadwell s elevation has been effected rather by what was deemed an attachment to the Hopkintoniap system of divinity, than by any con- Bbb 378 TiiE ADMINISTRATION formity to the principles of the Christian. He is. austere in his deportment; his opinions upon any subject are cautiously reserved, until he is informed of those of his companions ; the distresses of his fellow mortals excite no emotion of pity or com passion in his breast, and his hand is not open for the relief of the poor and indigent. The flames of his passion are never known to burst suddenly forth, but remain stifled within, until the fit mo ment of revenge arrives, and he obtains his antago nist within his power ; he then works his mischief with composure. The arts of dissimulation have become so familiar to him, that they influence his conduct in all the transactions of life $ he knows not how to appreciate the virtues and talents of others, and is not heard to acknowledge them when not exerted for the promotion of his interest. Pie considers himself as the first and best of God s creatures ; that he is above all, and that he was made to direct and govern all. Among the leading characters in the upper house, are Thomas Grosvenor, Thomas Seymour, Aaron Austin and David Dagget. Grosvenor was brought into place, like many others in the same house, no one knows why, and has been retained, because he has taken good care to have his name put on the nomination list. His talents and virtues have never been manifested, ex cept by his exertions to destroy the ecclesiastical society in the town to which he belongs. But his views not being answered, he commenced an action OF JOHN ADAMS. 379 at law against the society, which terminated in the defeat and disgrace of himself and his partizans. He is scarcely known except in his own town, and there he is considered to be destitute of sound prin ciples, and can obtain no votes for any office. But his name is always put on the list, by agreement, and he receives the votes of hundreds, who never knew him, saw him, or even heard of him. Seymour was educated for the profession of the law, and by the influence of great family connec tions, obtained a large share of business, though he never enjoyed the reputation of being a great law yer, A few years since he was honored with a seat on the bench of a country court, and with a place at the council board. ...from that moment his char acter has languished and gradually declined. As, to principles and sentiments, he has displayed none f his own, for he uniformly agrees with every per son he meets, however different their opinions. No system of measures is ever proposed, but it receives his support or opposition, according to its tendency to increase or diminish his popularity. He has on some occasions, as a magistrate^ appeared very much disposed to a strict execution of the laws; but these instances were so different from the general tenor of his conduct, that his best friends laughed., and attributed to a sportive sally, what from a consistent man, would have appeared an act of se rious duty. Sometimes he has pretended to be a firm triead to the liberties of the people, and at othej 380 THE ADMINISTRATION times he has avowed himself the undaunted sup porter of Hamilton s energetic government. But he has been so long laboring and always unable to discover which party would ultimately obtain the ascendency, and he has shifted his ground so fre quently, that neither party will own him , therefore, which ever succeeds, as they can derive no cre dit from his talents, will, it is presumed, dispense with his services. Aaron Austin is distinguished by the possession of much common sense, and as the advantage of a liberal education was not afforded him, he de serves much credit for the acquisitions which he has made. His talents are not great, but his industry and attention to business, render him a much bet ter counsellor than many of his associates. Mr. David Dagget lays great claims to supe riority of talents and virtue, but a survey of his conduct, since he came into public life, will show the grounds upon which these claims are founded. As soon as he had initiated himself into the favor of Pierpont Edwards, by an unwearied exer tion of all the arts of pleasing, he directly pro ceeded with the utmost assiduity to improve that liking into an important confidence.. ..he watch ed his every action, word and look, till he dis covered the peculiar train of his mind, to which he accommodated his conduct so implicitly, that the very faculties of his soul seemed only to move by the other s will ; that self-love, which is insepa rable from humanity, was imposed upon by such OF JOHN ADAMS. 381 art. Mr. Edwards liked himself in him, and In sensibly came to think all reserve unnecessary with one whose words and actions were wholly at his controul. He used his utmost exertion to bring his pupil into notice, gave him much business in his profession, and by his influence and unceasing la bor, raised him to the station which he now holds ; but his establishment in the business of his profes sion being effected, and a seat at the council board being obtained, he immediately manifested that self was the centre of all his action; and, because he can not forget the favors bestowed, he meanly seeks to destroy the patron, abuse the friend, and laugh at the obligation. As soon as he found himself so firmly established, that the exertions of his patrou could do him no further good, he immediately abandoned him, and with unwearied diligence, but in a dark and covert manner, labored for the downfall of his reputation. His progress in life, and his elevation to th office of Chancellor, has been marked by a series of numberless little artifices to delude the people. When he became a candidate to represent the towri to which he belongs in the legislature, he found it would be necessary to obtain the votes of the Episcopalians, and for this purpose, though he be longed to a Presbyterian Meeting, purchased a pew and frequently read prayers in the Episcopal Church. His object was answered, but being soon promoted to the council, he found this office would be more secure by his being altogether a Presby- $82 THE ADMINISTRATION terian ; he therefore sold his pew, forgot the tenets and neglected the worship of the Church of Eng land. While a candidate for promotion he never scrupled to visit the honest tradesman and me chanic, and, seated on the bench of the shoe-maker, or the anvil of the black-smith, would flatter each one that he was the best of the craft ; and more than that, could, by the ability of his discourse and the lying of his lips, convince them that he was the people s friend, and should manage national affairs with singular skill and ability. When a represen tative in the legislature, he apparently manifested a strong regard for the interest of the lower classes of society.. ..the abolition of slavery was the favo rite object of his talk, and all the powers and faculties of his mind were brought into operation to display the tender sensibilities of his nature ; and so anxious was he to be distinguished for his nice-feeling at the unfortunate situation of the blacks, that he turned biographer to a negro that was hung fora rape. Having now obtained his object, he becomes desirous of concealing that submission which he heretofore practised, by the exercise of insolence and arrogance, to all whom fortune has placed in a subordinate station. ...the praise of him whom pub lic delusion idolized, flowed freely from his lips, but always from the motive of encreasing his own po pularity rather than from a conviction of the justice of the praise. As a public speaker, Mr. Bagget has been distinguished by these qualities : invincible assu- OF JOHN APAMS. 383 ranee, inflexible obstinacy, and a talent for quibble- In a debate he mistakes pomposity for learning,, confidence for genius, buffoonery for wit, and sophis try for argument, The vulgarity of his language, his low attempts at humor, and the abuse which he never fails to bestow upon witnesses, are sure indications of the meaness of his early habits and connections, which were formed in obscure and menial employments. He has, however, a very handsome share of business, and, by a quickness of thought and fluency of speech, has acquired some reputation. By a station for several years at the bar, and a tolerable retentive memory, he has be come well acquainted with the practice of the courts of Connecticut, and is possessed of the most obvious principles of the common law ; but his warmest admirers have never imputed to him an accurate acquaintance with the English system of jurisprudence. As a writer, he possessed every advantage from the assistance and communication of men of sense and learning, but he has not after all made a figure in the fields of literature. His Pindaric oration, in which his object was to cast contempt upon ma ny important discoveries and improvements of the present age, launched him forth as one of the most daring aristocratic adventurers on the ocean of po litical controversy : but the boldness of the attempt is more to be admired than the execution to be praised , and whatever defects may appear in the systems which He has attacked, he has clearly 584 THE ADMINISTRATION manifested that the principles upon which they are founded, are infinitely above his comprehension. It attracted the attention of the public for a few days, rather from its scurrility than its severity ; but it has been since consigned to oblivion; to the same oblivion to which the three letters which he wrote some time ago to Abraham Bishop, are rapidly hastening. From the foregoing observations it would seem, that in the early part of his public life, virtue and principle were sacrificed to fame ; yet it will be ob served, that among good men he still possesses an attachment to good things. The sincerity of such professions, however, cannot be relied on, when it is known, that being a magistrate, sworn to ob serve and enforce the laws of his country, he not unfrequently spends whole nights in a tavern, and at the gaming table. Though from this view of the character of Mr. Dagget, it might be concluded, that he is not en dowed with great and solid talents, yet his under standing would have rendered him a useful man, ifhehadbeen a real Christian. ...but it must be a mira cle, if he, who is ambitious of power, and without the restraint of principle, is not transferred from a man to a demon. As he is, he will be remember ed only to be execrated by those whose admiration is praise. Such were the characters w r ho swayed the politi cal sceptre of Connecticut ; a State which may be regarded, notwithstanding its smallness, to be the OF JOHN ADAMS. 385 most formidable in the federal league. From thence issued the most labored and best composed defences of federalism ; thence the satire which lashed republicanism and the rights of the people, and there the expiring host of aristocracy still find an asylum for their venom and malice. On Saturday, the 19th of April, 1800, the cause of the United States against Mr. Thomas Cooper, of Northumberland, came on before the Circuit Court of the United States, sitting at Philadelphia. The attorney-general, Mr. Rawle, opened the cause, by stating the nature of the offence for which the defendant was indicted, and read the indict ment, which charged the defendant, Thomas Coop er, with having printed, uttered and published a false, scandalous and malicious libel against the President of the United States, intending to injure the official character of the said President, and to bring on him, the said President, the hatred and contempt of the good people of the United States. The papers on which the indictment was founded, was a handbill, an address to the people of North umberland county, stating, that under the auspices of the President, a permanent navy, a standing army, a loan of 3 per cent, in time of peace had been resolved on ; that he, the President, by the violence of his official expressions, might have pro voked a just war against this country ; that he had projected embassies to Russia, Prussia, and the Sublime Porte ; that he had interfered with the ju diciary, contrary to all law, precedent and mercy, C c c 386 THE ADMINISTRATION and delivered up Jonathan Robbins, an American citizen, or native American, forcibly impressed by a British ship of war, to the mock-trial of a British court martial,, a stretch of power at which the mon arch of Great Britain would have shrunk from with horror. Mr. Cooper (protesting against the insinuations and constructions in the above indictment) pleaded Not Guilty, and gave the following facts in evi dence on the trial, in justification of the supposed libel : J st. Mr. Adams, either by himself, or officers of state acting under his authority, has given the public to understand, that he would bestow no of fice but on persons who conformed to his political opinions. 2d. Mr. Adams has declared, that a republican government may mean any thing. 3d. Mr. Adams did sanction the Alien law, and thereby the abolition of the trial by jury, in the cases that fall under that law. 4th. Mr, Adams did sanction the Sedition law, and thereby entrenched his public character be hind the legal provision of that law, 5th. Under the auspices of Mr. Adams, the ex- pence of a permanent navy is saddled on the peo- pie. 6th. Under the auspices of Mr. Adams, we are threatened with the existence of a standing army. 7th. The government of the United States has borrowed monev at 8 Der cent, in time of peace. OF JOHN ADAMS. 387 8th. The unnecessary violence of official ex pressions used by Mr. Adams, and those in autho rity under him, and his adherents, might justly have provoked a war. 9th. Political acrimony has been fostered by those who call themselves his friendly adherents. 10th. Mr. Humphries, after being convicted of an assault and battery on Benjamin Franklin Bache, the printer of the Aurora, merely from po litical motives, was, before his sentence was ex pired, promoted by Mr. Adams to a public office. viz. to carry dispatches to France. llth. Mr. Adams did project and put in execu tion, embassies to Prussia, Russia and the Sublime Porte. 12th. Mr. Adams, in the case of Jonathan Rob- bins, alias Nash, did interfere to influence the de cision of a court of justice. He then informed the court that he had appli ed to Mr. Rawle, the attorney of the United States for the district, to know whether he would admit the Gazette of the United States to be read in evi dence ; that Mr. Rawle replied, he did consider newspapers as legal testimony ; and that inconse quence of this reply, he had applied to Mr. Pick ering, the Secretary of State, for copies of certain -addresses and answers, from and to the President of the United States ; and to this application, Mr. Pickering replied, that these papers were not de posited in his office. The defendant observed, that he considered he had a right to copies of those pa- 388 THE ADMINISTRATION pers, from the officers of the government, and read the case of Rex vs. Holt, in support of his right.... and upon this he applied to the President of the United States, for copies of the papers. He in formed the court that he had made application to the President by a letter, which he read. This let ter stated, that being indicted for a supposed libel, he found it necessary to apply to the President for official copies of certain addresses to him, (the Pre sident) and his answers to them ; and requested the President to consider his letter as a legal written application for copies of the papers required by him. r -f o this letter, the defendant observed, he had re ceived no answer ; in consequence of his not re ceiving an answer, he purchased a volume, pur porting to be addresses to the President, and his an swers, published in Boston ; that he sent his son with the volume to Mr. Shaw, the secretary of the President, with a note, requesting Mr. Shaw to examine the publications in the volume with the originals, and inform him if they were correct; to this Mr. Shaw made the following answer : " Mr. Shaw informs Mr. Cooper, that he will not receive any information concerning answers to addresses from this house." The defendant then observed, that he regarded this as an official answer from the President of the United States, and he did not see how he could proceed when that testimony which was necessary to his defence was withheld from him, " by the person who may be considered as his accuser or prosecutor." OF JOHN ADAMS. 389 Mr. Rawle opened the case by animadverting on the select passages in the indictment, and called Mr. Buyers, a justice of the peace of the country, to prove Mr. Cooper the author ; who said, that Mr. Cooper had called at his house with the paper; said that it was his name, pointing to it in the pa per, and that he was the author of the piece. Mr. Cooper then addressed the jury in a speech of about three hours and an half, in which he aN tempted to justify the publication, by endeavoring to shew that it was true in all its parts, and the con duct of the President of the United States merited the censures which were passed upon it. Mr. Cooper continued his speech until exhausted with fatigue, and the indulgence of the court, which manifested itself through the whole trial, was here conspicuous. Judge Chase declared he would pa- tiently wait until the defendant refreshed himself, and was able to resume his defence. This very liberal proposition of the judge, the defendant de clined. Mr. Rawle addressed the jury, after which judge Chase summed up the evidence, and the jury in about twenty minutes returned their verdict, G in L T Y . Judge Chase then addressed Mr. Cooper in the following words : "As the jury have found you guil ty, we wish to hear any circumstances you have to offer in point of the mitigation of the fine the court may think proper to impose on you, and also in ex tenuation of your punishment. We should, there fore, wish to know your situation in life in regard 39O THE ADMINISTRATION to your circumstances.... it will be proper for you to consider of this. As you are under recognizance? you will attend the court some time the latter end of the week ." The court met again on Wednesday, for the purpose of passing sentence, when Mr. Cooper addressed them as follows : "The court having de sired me to offer any thing relating to my circum stances in mitigation of the fine, or any observations that occurs to me in extenuation of the offence, I have thought it my duty, (not for the purpose of deprecating any punishment which the court may deem it proper to inflict, but) to prevent any acci dental or apparent harshness of punishment on part of the court, for want of that information which it is in my power to give. For this reason, therefore, and that the court may not be misled, I think it right to say that my property in this country is mo derate. That some resources I had in England, commercial failures there have lately cut off: that I depend principally on my practice : that practice imprisonment will annihilate. Be it so. I have been accustomed to make sacrifices to opinion, and I can make this. As to circumstances in extenua tion, not being conscious that I have set down aught in malice, I have nothing to extenuate." Judge Chase. I have heard what you have to say. I am sorry you did not think proper to make an affidavit in regard to your circumstances ; you are a perfect stranger to the court, to me at least. I do not know you personally....! know nothing of OF JOHN ADAMS. 391 you more, than having lately heard your name men tioned in some publication. Every person knows the political disputes which have existed amongst us. It is notorious, that there are two parties in the country. ...you have stated this yourself.... you have taken one side ; we do not pretend to say that you have not a right to express your sentiments, only taking care not to injure the characters of those to whom you are opposed. Your circumstances ought to have been dis closed on affidavit, that the court might have judged as to the amount of the offence ; nor did we want to hurt you by this open disclosure. Mr. Cooper. I have nothing to disclose that I am ashamed of. Judge Chase. If we were to indulge our own ideas, there is room to suspect that in cases of this kind, where one party is against the govern ment r gentlemen who write for that party would be in demnified against any pecuniary loss ; and that the party would pay any fine which might be imposed on the person convicted. You must know, I sup pose, before you make any publication of this kind, whether you were to be supported by a party or not, and whether you would not be indemnified against any pecuniary loss. ...if the fine were only to fall on yourself, I would consider your circumstan ces, but if I could believe you were supported by a party inimical to the government, and that they were to pay the fine, not you, I would go to the utmost extent of the nower of the court. I understand "ou 392 THE ADMINISTRATION have a family, but you have not thought proper to state that to the court. From what I can gather from you, it appears, that you depend on your pro fession for support.. ..we do not wish to impose so rigorous a fine as to be beyond a person s abilities to support, but the government must be secured against these malicious attacks. You say that you are not conscious of having acted from malicious motives. It may be so ; saying so, we must be lieve you., .but the jury have found otherwise : you are a gentleman of the profession, of such capacity and knowledge as to have it more in your power to mislead the ignorant. I do not want to oppress, but I will restrain, as far as I can, all such licentious attacks on the government of the country. Mr. Cooper. I have been asked by the court whether, in case of fine being imposed upon me, I should be supported by a party. Sir, I solemnly aver, that throughout my life, here and elsewhere, among all the political questions in which I have been concerned, I have never so far demeaned my self as to be a party writer. I never was in the pay, or under the support, of any party. ...there is no party in this or any other country, that can offer me a temptation to prostitute my pen. If there are any persons here who are acquainted with what I have published, they must feel and be satisfied that I have had higher and better motives, than a party could suggest. I have written to the best of my ability, what I have seriously thought would con duce to the general good of mankind. The exer- OF JOHN ADAMS. 393 tions of my talents, such as they are, have been un* bought, and so they shall continue. ...they have in* deed been paid for, but they have been paid for by myself, and by myself only, and sometimes dearly. The public is my debtor, and what I have paid or suffered for them, if my duty should again call upon me to write or to act, I shall again most readily submit to. I do not pretend to have no party opinions, to have no predilection for particular de scriptions of men or of measures ; but I do not act upon minor considerations : I belong here, as in my former country, to the great party of mankind. With regard to any offers which may have been made to me to enable me to discharge the fine which may be imposed, I will state candidly to the court what has passed, for I wish not to conceal the truth : I have had no previous communication or promise whatever ; I have since had no specific promises of money or any thing else. I wrote from my own suggestions. But many of my friends have, in the expectation of a verdict against me, come forward with general offers of pecuniary assistance : these offers I have hitherto neither accepted or re jected. If the court should impose a fine beyond my ability to pay, I shall accept them without he sitation, but if the fine be w r ithin my circumstances to discharge, I shall pay it myself: but the insinu ations of the court are ill founded, and if you, sir, from misapprehension or misinformation have been tempted to make them, your mistake should be corrected. Ddd 394 THE ADMINISTRATION Judge Peters. I think we have nothing to da with parties.. ..we are only to consider the subject before us. I wish you had thought proper to make an affidavit of your property.,.. I have nothing to do, sitting here, to enquire whether a party in whose favor you may be, or you, are to pay the fine. I shall only consider your circumstances, and impose a fine which I think adequate ; we ought to avoid any oppression. It appears that you depend chief ly upon your profession for support. Imprison ment for any time would tend to increase the fine, as your family would be deprived of your profes sional abilities to maintain them. Judge Chase. We will take time to consider this. Mr Cooper, you may^attend here again. Thursday. Mr. Cooper attended, and the court sentenced him to pay a fine of four hundred dol lars; to be imprisoned for six months, and at the end of that period to find surety for his good beha vior, himself in a thousand, and two sureties in five hundred dollars each. The second trial of John Fries was brought on at Philadelphia on the 30th of April ; the former witnesses were examined, and a verdict was re turned by the jury as before, finding the prisoner guilty of high treason. Judge Chase then address ed Fries in the following words : " John Fries.. ..You have already been informed that you stood convicted of the treason, charged upon you by the indictment on which you have been arraigned, of levying war against the United OF JOHN ADAMS. S95 States. You had a legal, fair and impartial trial, with every indulgence that the law would permit. Of the whole pannel, you peremptorily challenged thirty-four, and, with truth I may say, that the jury who tried you were of your own selection and choice. Not one of them before had ever formed and delivered any opinion respecting your guilt or innocence. The verdict of the jury againstyou was founded on the testimony of many creditable and unexceptionable witnesses. It was apparent from the conduct of the jury, when they delivered their verdict, that if innocent they would have ac quitted you with pleasure, and that they pronounced their verdict against you with great concern and reluctance, from a sense of duty to their country,, and a full conviction of your guilt ^The crime of which you have been found guil ty is treason ; a crime, considered in the most ci vilized and the most free countries in the world, as the greatest that any man can commit. It is a crime of so great a dye, and attended with such a train of fatal consequences, that it can receive no Aggravation ; yet the duty of my station requires that I should explain to you the nature of the crime of which you are convicted ; to shew the necessity of that justice, which is this day to be administer ed ; and to awaken your mind to proper reflections and a due sense of your own condition, which I imagine you must have reflected upon during your long confinement. 396 IKE ADMINISTRATION "You arc a native of this country. You live under a constitution or form of government framed by the people themselves ; and under laws made by your representatives., faithfully executed by independent and impartial judges. Your government secures to every member of the community, equal liberty and equal rights ; by which equality of liberty and rights, I mean that every person, without regard to wealth, rank or station, may enjoy an equal share of civil liberty, on equal protection of law, and an equal security for his person and property. You enjoyed, in common with your fellow citizens, all these rights. " If experience should prove that the constitu tion is defective, it provides a mode to change or amend it, without any danger to public order, or any injury to social rights. " If Congress, from inattention, error in judg ment, or want of information, should pass any Jaw in violation of the constitution, or burthensome or oppressive to the people, a peaceable, safe and ample remedy is provided by the constitution. The peo ple themselves have established the mode by which such grievances are to be redressed ; and no other mode can be adopted without a violation of the con stitution, and of the laws. If Congress should pass a law contrary to the constitution, such law would be void, and the courts of the United States pos sess complete authority, and are the only tribunal to decide, whether any law is contrary to the con stitution. If Congress should pass burthensome OF JOHN ADAMS. 397 or oppressive laws, the remedy is with their con stituents, from whom they derive their existence and authority. If any law is made, repugnant to the voice of a majority of their constituents, it is in their power to make choice of persons to repeal it ; but until it is repealed, it is the duty of every citi zen to submit to it, and to give up his private senti ments to the public will. If a law, burthensome, or even oppressive in its nature or execution, is to be opposed by force, and obedience cannot be com pelled, there must soon be an end to all government in this country. It cannot be credited by dispas sionate men of any information, that Congress will intentionally make laws in violation of the constitu tion, contrary to their sacred trust and solemn obli gation to support it. None can believe that Con gress will wilfully or intentionally impose unreason able and unjust burthens on their constituents, in which they must participate. The most ignorant man must know, that Congress can make no law, that will not affect them equally, in every respect, with their constituents. Every law that is detri mental to their constituents, must prove hurtful to themselves. From these considerations, every one may see, that Congress can have no interest in op pressing their fellow citizens. " It -is almost incredible, that a people, living un der the best and mildest government in the whole world, should not only be dissatisfied and discon tented, but should breakout in open resistance and opposition to its laws. 398 THE ADMINISTRATION "The insurrection in 1794, in the four western counties of this State, particularly in Washington, to oppose the execution of the laws of the United States, which laid duties on stills, and spirits dis tilled within the United States, is still fresh in memory. It originated from prejudices and mis representations, industriously disseminated and dif fused against those laws. Either persons disaffected to our government, or wishing to aggrandize them selves, deceived and misled the ignorant and unin formed class of the people. The opposition com menced in meetings of the people, with threats against the officers, which ripened into acts of out rage against them, and were extended to private citizens. Committees were formed to systematize and inflame the spirit of opposition. Violence succeeded to violence, and the collector of Fayette county w r as compelled to surrender his commission and official books ; the dwelling-house of the in spector, (in the vicinity of Pittsburg) was attacked and burnt ; and the marshal was seized, and obtain ed his liberty on a promise to serve no process on the west side of the Alleghany mountain. To compel submission to the laws, the government were obliged to march an army against the insur gents, and the expence was above one million one hundred thousand dollars. Of the whole number of insurgents, (many hundreds) only a few were brought to trial, and of them only two were sen tenced to die, (Vigol and Mitchell) and they were pardoned by the late President. Although the OF JOHN ADAMS. 399 insurgents made no resistance to the army sent against them, yet not a few of our troops lost their lives inconsequence of their great fatigue, and ex posure to the severity of the season. " This great and remarkable clemency of the go vernment had no effect upon you, and the deluded people in your neighborhood. The rise, progress and termination of the late insurrection, bear a strong and striking analogy to the former; and it may be remembered, that it has cost the United States 80,000 dollars. It cannot escape observa tion, that the ignorant and uninformed are taught to complain of taxes which are necessary for the support of government, and yet they permit them selves to be seduced into insurrections, which have so enormously increased the public burthens, to which their contribution can scarcely be calculated, " When citizens combine and assemble, with intent to prevent, by threats, intimidation and vio lence, the execution of the laws, and they actually carry such traiterous designs into execution, they reduce the government to the alternative of pros trating the laws before the insurgents, or of taking necessary measures to compel submission. No go vernment can hesitate. The expence, and all the consequences, therefore, are not imputable to the government, but to the insurgents.. ..the mildness and lenity of our government areas striking on the late as on the former insurrection : of nearly 130 persons, who might have been put on their trial for 40O THE ADMINISTRATION treason, only five have been prosecuted, and tried for that crime. "In the late insurrection,, you, John Fries, bore a conspicuous and leading part. If you had reflect ed, you would have seen that your attempt was as weak as it was wicked. It was the height of folly in you to suppose that the great body of our citi zens, blest in the enjoyment of a free republican government of their own choice, and of all rights civil and religious ; secure in their persons and pro perty, and conscious that the laws are the only se curity for their preservation from violence, would not rise up as one man to oppose and crush so ill- founded, so unprovoked an attempt to disturb the public peace and tranquillity. If you could see in a proper light your own folly and wickedness, you ought now to bless God that your insurrection was so happily and speedily quelled, by the vigilance and energy of our government, aided by the patri otism and activity of your fellow citizens, who left their homes and business, and embodied themselves in the support of its laws. " The annual necessary expenditures for the sup port of an extensive government like ours, must be great, and the sum required can only be obtain ed by taxes or loans. In all countries the levying taxes is unpopular, and a subject of complaint. It appears to me that there was not the least pretence of complaint against, much less of opposition and violence to the law for levying taxes on dwelling- houses, and it becomes you to recollect, that the OF JOHN ADAMS. 401 time you chose to rise up in arms to oppose the laws of our country, was when it stood in a very critical situation with regard to France, and on the eve of a rupture with that country. " I cannot omit to remind you of another matter worthy of your consideration. If the marshal, or any of the posse, or any of the four friends of gov ernment who were with him, had been killed by you, or any of your deluded followers, the crime of murder would have been added to the crime of treason. " In your serious hours of reflection, you ought to consider the consequences that would have flow ed from the insurrection, which you excited, en couraged, and promoted in the character of a cap tain of militia, whose incumbent duty it is to stand ready (whenever required) to assist and defend the government and its laws, if it had not been immediately quelled. Violence, oppression and rapine, destruction, waste and murder, always at tend the progress of insurrection and rebellion ; the arm of the father would have been raised against the son ; that of the son against the father; a bro ther s hand would have been stained with brother s blood ; the sacred bands of friendship would have been broken, and the ties of natural affection would have been dissolved. "The end of all punishment is example; and the enormity of your crime requires that a severe example should be made to deter others from the commission of like crimes in future. You have Eee 102 THE ADMINISTRATION forfeited your life to justice. ...let me therefore ear nestly recommend to you, most seriously to consi der your situation ; to take a review of your past life, and to employ the very little time you are to continue in this world, in endeavors to make your peace with that God, whose mercy is equal to his justice. I expect that you are a Christian, and as such I address you. Be assured, my guilty and un happy fellow citizen, that without serious repen tance of all your sins, you cannot expect happiness in the world to come ; and to your repentance you must add faith and hope in the merits and media tion of Jesus Christ. These are the only terms upon which pardon and forgiveness are promised to those who profess the Christian religion. Let me therefore again entreat you to apply every moment you have left, in contrition, sorrow and repentance. Your day of life is almost spent, and the night of death fast approaches. Look up to the father of mercies, and God of comfort. You have a great and an immense work to perform, and but little time in which you must finish it. There is no repentance in the grave ; for after death comes judgment ; and as you die so you must be judg ed. By repentance and faith, you are the object of God s mercy ; but if you will not repent, and have faith and dependance upon the merits of the death of Christ, but die a hardened and impeni tent sinner, you will be the object of God s justice and vengeance. If you will sincerely repent and believe, God hath pronounced his forgiveness ; and OF JOHN ADAMS. 403 there is no crime too great for his mercy and par don. " Although you must be strictly confined for the very short remainder of your life, yet the mild go vernment and laws, which you have endeavored to destroy, permit you (if you please) to converse and commune with ministers of the gospel ; to whose pious care and consolation, in fervent prayers and devotion, I most cordially recommend you. " What remains forme-is a very painful but a very necessary part of my duty. It is to pronounce that judgment which the law has appointed for crimes of this magnitude. The judgment of the law is, and this court doth award, cc that you be hanged by the neck until dead ;" and I pray God Almighty to be merciful to your soul." On the 28th of May the trial of James Thom son Callender, for a libel against the President of the United States, came before the circuit court, at Richmond, in Virginia, in which Judge Chase pre sided. Mr. Hay, as counsel for Mr. Callender, moved the court to postpone the trial till the next term. Judge Chase observed, that it would be first proper to read the indictment. Mr. Hay said it could not be necessary to read the indictment. In prosecutions for misdemeanors in the State courts, the defendant was not arraign ed. The party accused was in court, and both he and his counsel were willing to admit, that they had 404 THE ADMINISTRATION been furnished with a copy of the indictment, and that they were prepared to put in their plea. The Judge, however, instantly ordered the in dictment to be read, declaring if this was not done, it would be said that the traverser had not been made acquainted with the nature of his offence, and consequently could not be prepared to answer to the various charges alledged against him. Some observations w r ere then made by the At torney-General and Mr. Hay, respecting the mode of practice observed in the courts of this common wealth, when by the direction of the court, the clerk proceeded to read the indictment, to the different charges of which Mr. Callender pleaded Not Guilty. Mr. Hay then renewed his motion for a conti nuance, and offered to the court two affidavits sworn to by Mr. Callender. One of the affidavits was in the usual form of those for similar purposes in the courts of Virginia ; that is, stating generally the names of persons whose testimony was essen tial to a fair trial. The other not only contained a similar statement, but also went to explain the dif ferent facts which it was believed each witness could substantiate. Mr. Hay observed, that he had procured the last affidavit, because he had been informed, that such an one would be required by the court ; but that he presumed he might first offer the general affidavit, and if that was insufficient, he should con sider himself at liberty to offer the special affidavit. OF JOHN ADAMS. 405 The Judge said that he might act as he thought proper, but that a material difference would be made, where the traverser was provided with coun sel, and when he defended himself ; in the latter case, if an affidavit was offered, the substance of which was insufficient to procure a continuance, an amendment would be consented to, because it might be presumed that the party was ignorant ot the law : but in the last instance it could only be done with the consent of the Attorney of the Uni ted States. Mr. Hay applied then to the Attorney for the United States, who observed, that the traverser had better take his strongest ground. ...upon which, the special affidavit was immediately read, of which the following is a copy : " City of Richmond, .ST.. ..This day, James Thom son Callender, made oath before me, a magistrate of the said city, that William Gardner, Tench Coxe, Judge Bee, Timothy Pickering, William B. Giles, Stevens Thomson Mason, and General Blackburn, he believes to be material witnesses in the defence against an indictment found against him during the present term of the circuit court of the United States, for the middle circuit, Virginia district.... that William Gardner aforesaid, resides, he believes, in Portsmouth, in the State of New-Hampshire.... that Tench Coxe aforesaid, resides in Philadelphia, in the State of Pennsylvania. ...that Judge Bee re sides, thedeponenthath understood, in South-Caro lina, but in what part of the State he knows not.... 406 THE ADMINISTRATION that Timothy Pickering aforesaid, resided of late in Philadelphia, in the State of Pennsylvania, but where he resides at this time, the deponent doth not know. ...that William B. Giles aforesaid, he hath understood, since he hath been furnished with a copy of the indictment, and since the said Giles hath left town, resides in the county of Amelia.... and that General Blackburn resides in the county of Bath. cc The said James Thomson Callender, further declareth, that he expects to prove by the said Wil liam Gardner, and that he verily believes that he shall prove by the said William Gardner, that the said William Gardner was commissioner of loans, for the State of New-Hampshire, under tr^e go vernment of the United States, and that he was turned out of the said office of commissioner of loans, because he, the said Gardner, refused to sub scribe an address, circulated in the town of Ports mouth in New-Hampshire, and presented to the President of the United States, in the year 1798, at the instance of several of the inhabitants of the said town, in which address unequivocal appro bation of the conduct of the said President, in the administration of the affairs of the United States, is expressed. " The said James Thomson Callender, also de clares on oath, that he verily believes, that he shall prove by the evidence of Tench Coxe, aforesaid, that he, the said Tench Coxe, held in the year 1798, an important office under the government of the OF JOHN ADAMS. 407 United States, to wit, commissioner of the revenue, from which office, the said Coxe was ejected, by the present President of the United States, because he did not approve the measures of the said Presi dent s administration, or the principles on which it was conducted. " That he verily believes that he shall be able to prove by the evidence of Judge Bee, that he did receive from the President of the United States, in the year 1799, a letter in which he, the said Presi dent, did advise and request the said Judge Bee, then acting in his judicial^character, to deliver to the consul of the British nation in Charleston, Jo nathan Robbins, alias, Thomas Nash, who had been apprehended and carried before the said judge, on a charge of murder committed on the high seas, on board the British frigate Hermione. "He further deposes on oath, that he verily be lieves, that he shall be able to prove by the evi dence of Timothy Pickering, that the President of the United States was in possession of dispatches from Mr. Vans Murray, American minister of Holland, containing assurances on the part of the French Republic, that ambassadors from the Uni ted States would be received in a way satisfactory to the people and government of the United States, many weeks, while Congress was in session, before he communicated the same to Congress. " The deponent further saith, he verily believ- eth, that he shall be able to prove, by the evidence of Stevens Thomson Mason, and William i. 408 THE ADMINISTRATION Giles, that John Adams, President of the United States, has unequivocally avowed in conversation with them, principles utterly incompatible with the principles of the present Constitution of the United States, principles which could not be car ried into operation under any political institution, without the establishment of a direct, powerful and dangerous aristocracy ; that he declared in express terms to the said Stevens T. Mason, that he had no more idea the present federal constitution could, for any length of time, controul the people of the United States, than that it could controul the mo tion of the planets ; that he also declared to the said Stevens T. Mason, that he had no more idea that a political society could exist without a dis tinction of ranks, than that an army could exist without officers : and also, that he can prove by the said William B. Giles, that the President of the United States has avowed in conversation with him, a sentiment to this effect. ...that he thought that the Executive Department of the United States ought to be vested with power to direct and controul the public will. " That this deponent verily believes that he shall be able to prove by General Blackburn, that he did, on the day of in the year 1798, receive an address from John Adams, President of the United States, in answer to the field officers of Bath County, in which the said President does avow, that there was a party in Virginia, which deserved to be humbled in dust OF JOHN ADAMS. 409 and ashes, before the indignant frowns of their in jured, insulted and offended country. " And this deponent further saith, that he is advised, and believes that it is material to his defence against the indictment aforesaid, that he should procure authentic copies of sundry answers made by the President of the United States, in various parts thereof; which authentic copies he cannot procure so as to be in readiness for trial during the present term. "He also saith, that he, is advised, and that he doth believe that a certain book, intitled, " An es say on canon and feudal law," or intitled in words to that purport, ascribed to the present President of the United States, and of which he believes the President is the author, is material to his defence, and that he cannot procure a copy of the same, and evidence to prove that the said President is the au thor thereof, without being allowed several weeks, or perhaps months, for the purpose. (i He further saith, that he is told by the coun sel who mean to appear for him, that they cannot possibly be prepared to investigate the evidence relating to the several charges in the indictment, even if all the persons and documents wanted were on the spot." The jury being called, Mr. Nicholas stated to the court, that he conceived there was legal ground of challenge to the array. In support of this, he read the passage from trials per pais. Mr. Nicholas then added, that he believed there was Fff 410 THE ADMINISTRATION testimony in court to shew that the sheriff had re turned a juror who avowed his sentiments extreme ly hostile to the traverser. Judge Chase. Why, sir, how is this business done in your country ? I have always seen triors sworn to decide these questions... .J suppose there must be triors sworn. Mr. Nicholas. I believe the books lay down this distinction : Challenges to the array are either principal challenges, or challenges for favor. Causes of principal challenge are always tried by the court. Challenges for favor are always deci ded by triors. Judg Chase. Well, sir, your challenge is for favor. Mr. Nicholas. The book in my hand states it a cause of principal challenge. Judge Chase. Let me see that book ; it is not the best authority.. .if I had Coke upon Lyttleton we should see the whole doctrine at once. I am per suaded that the oath of triors is laid down there. Coke upon Lytileton was brought, and the judge having run over the passage which is copied into the trial per pais, observed that the case was clear, that principal challenges to the array were for partiality in the sheriff, not in the juror. Mr. Nicholas admitted it, but enquired whe ther the law might not consider the return of a partial juror as a sufficient proof of partiality on the part of the sheriff to ground a challenge to the array. Juclge Chase. No, sir, no : you must proceed regularly. 1*11 tell you what you may do : You OF JOHN ADAMS. may bring in proof if you can that any juror has de livered his opinion upon the case hitherto, or you may examine the juror himself on oath to this ef fect.... you may do either, but not both ; and you are to consider this as a favor and not a right. The counsel having chosen to rely on the jurors them selves, a juror was sworn to answer questions, and the judge put the following question to him : " Have you ever formed and delivered an opin ion upon the charges in the indictment?" The juror answered that he had never seen the indictment or heard it read. Judge Chase. Very well. ...swear him in chief. Mr. Hay, Will the court permit me to put a question to the juror before he is sworn in chief? Judge Chase. What sort of a question do you want to put? I must hear the question ; and then if I choose, you may put it. Come, what is your question ? Mr. Hay. The question which, with the per mission of the court, I meant to have asked is this : " Have you ever formed an opinion on the book in- titled * The Prospect before Us," from which the charges in the indictment are extracted r" Judge Chase. You shall ask no such question. I ll tell you what the only proper question is: " Have you ever formed and delivered an opinion upon this particular charge ?" I say formed and delivered, for he must have delivered the opinion as well as form ed it. ...he has answered that he never saw the in dictment or heard it read. 412 THE ADMINISTRATION Mr. Hay. Will the court suffer him to hear the indictment read now $ because, perhaps, when _he understands what the charge is, he will an swer that he has formed and delivered an opinion upon it. Judge Chase. No, sir, no : the court cannot indulge you so far ; they have gone as far as they can, and you ought to be satisfied. The jury were then sworn, and the prosecu tor proceeded to prove the fact of publication. The evidence introduced on the part of the U. States was unquestionably sufficient to prove that the tra- verser was the author of the " Prospect." This point was ascertained by the testimony of W. A. Rind, the editor of the " Federalist," who had printed the book by contract, and had retained a part of the original manuscript. This he produ ced in court, and swore to the handwriting ofCal- lender. In this stage of the proceeding, the judge put frequent and pointed questions to the witness, and was at the trouble of comparing the manuscript with the corresponding passages in the book, which it required some time to find. Before Mr. Rind was sworn, the counsel for the traverser, Mr. Hay, observed, that he understood the witness then about to be introduced to prove the guilt of the ac cused, was himself, in the estimation of the law, e- qually guilty ; because he had printed, though he had not written the libel in question ; and he would therefore take leave to make known to the wit nesses, who were in any degree implicated in the OF JOHN ADAMS. 413 transactions, that they were not bound to accuse themselves, and might, if they pleased, withhold every part of their testimony which has a tendency to their own crimination. The judge remarked, with his usual promptitude, that though the princi ple advanced by the counsel for the traverser was true, it was of no consequence, because the wit nesses, whose evidence was called for by the Uni ted States, might rest assured that they were not to be molested. Mr. Rind, between whom and Cal- lender great animosity had subsisted, did not choose to avail himself of the right to withdraw, thus ac knowledged by the court, as some me?i, perhaps, from erroneous sentiments of delicacy and honor, would have done ; nor had he the weakness even to hesitate in making his choice. He went to the book with a promptitude at least equal to that with which the judge had told him he might do it with safety. The evidence on the part of the prosecution being finished, the counsel for the traverser desired that Colonel Taylor, of Caroline, might be sworn.,, he was sworn. At the moment when the oath was administered, the judge called on the counsel for the traverser, and desired to know what they in tended to prove by the witness. He was told that they intended to examine Colonel Taylor, to prove that Mr. Adams had avowed, in his presence, prin ciples in hostility with a republican government ; that he had voted against the sequestration law, and 414 THfc ADMINISTRATION the resolution concerning commercial intercourse with Great Britain. The judge demanded a statement in writing of the questions he meant to be put to the witness. Mr. Nicholas remarked, that this requisition was not conformable to the usages of the State, and had not been made when the Attorney for the United States introduced witnesses on the part of the pro secution. The truth is, that I do not know what the witness can prove. I wish him to state all that he knows which can apply to the defence of the tra- verser on this charge. My interrogatories will be suggested by the facts which he may state. But if the court insist upon it, I will furnish a statement of the questions which I shall propound in the first instance , requesting, at the same time, that I may not be considered as being confined in the exami nation of the witnesses to the questions so stated. The judge said in reply, that the demand which he had made was legal and proper, and that the Attorney for the United States, in opening the cause, had stated the purpose for which he intro duced the witnesses ; but, continued he, though this was done, we were not bound to do so. The judge having received a statement of the questions,* declared Colonel Taylor s evidence to be inadmissible. No evidence can be received, said * Questions alluded to, which were propounded by Mr. Nicholas ; Qj._ i . Did you ever hear Mr. Adams express any opinions favorable to monarchy and aristocracy, and what were they ? OF JOHN ADAMS. 415 he, that does not go to justify the whole charge. The charge is, that the traverser has said that " the President is a professed aristocrat. He had prov ed faithful and serviceable to the British interest." Now you must prove both of these points or you prove nothing ; and as your evidence relates to one only, it cannot be received. This is the law ; and I pronounce it to be so. You have all along mis taken this business, and you keep pressing your mistakes upon the court. I tell you that you can not prove part of a charge. ...you must prove the whole or none. Mr. Nicholas said, can we not prove one part of the charge by one witness and another part by another ; and by that means make out the proof of the whole charge ? Understand me, sir, said the judge. If your witness can prove the whole of any one charge, let him do it. If he cannot, you must not examine him. The counsel for the traverser again desired to be heard on this subject. Mr. Hay said they meant to justify the whole charge ; that they meant to prove by Colonel Taylor, that the President of the United States had in conversation avowed anti-re publican principles, and that he had proved faithful and serviceable to the British interest, at least in 0^2. Did you ever hear Mr. Adams, whilst Vice President, express his disapprobation of the funding system ? Q^3 Do you know whether Mr. Adams did not, in the year 1798, vote against the sequestration law, and the bill for stopping all intercourse with England ? 416 THE ADMINISTRATION the sense in which the assertion was made by the traverser, by giving the votes before mentioned. The judge instantly repeated his decision. My country, said he, has made me a judge, and it is my business to pronounce the law. The evidence of fered is inadmissible. The counsel for the traver- ser knows it be so ; but they want to deceive and mislead the populace. I take upon myself the re sponsibility of this decision, and I say, that the tes timony of this witness cannot be received. When it was thus finally decided, that the trial should progress without any evidence in sup port of the defence, though the traverserhad sworn, and truly sworn, that much could be adduced ; the Attorney for the United States rose, for the pur pose of pointing out to the jury the passages in the <c Prospect/ corresponding with those in the in dictment. He was interrupted by Mr. Hay, who informed him that he meant to object to the intro duction of the book which he held in his hand, as evidence in support of the indictment. What ? vociferated the judge. Mr. Hay re peated what he had said. Upon what ground ? said the judge. I will state it, said Mr. H. if the court will hear me. Let us have it then, said the judge. Mr. H. began by saying, that he addressed the court with great diffidence on the point which he was about to mention. It was a subject which he did not thoroughly understand, and which cir cumstances had not allowed him leisure to investi- OF JOHN ADAMS. 417 gate. It had been the pleasure of the court to ob serve that the defence had begun and continued in error. What he was about to say, would not, perhaps, induce the court to change that opinion ; but if he was mistaken in the position which he meant to advance, the severity of the censure which the court might pronounce, ought to be mitigated, when it was remembered that the trial was brought o on with a rapidity which precluded the possibility of a full examination of the case. Mr. H. proceeded to observe that the specific proposition for which he commenced was, that the book in the hands of the Attorney for the United States, which was intitled, " The Prospect before Us," was not evidence in support of the indictment. In prosecutions for libels, said Mr. H. in the English courts, great strictness is observed ; if there be a difference of a single letter, between the li bellous words charged in the indictment, and the printed or written paper adduced in evidence, the variance is fatal. It is the duty of the prosecutor to give " the tenor" of the libel, and it has been frequently determined that this word imposes on him the necessity of giving an exact and liberal co py. The omission or addition of a letter, or the substitution of one letter for another, where a differ ent word was produced, was an incurable defect. Mr. Hay, in support of this opinion, quoted Salkeld s Reports, page 417, and Hawkin s pleas of the crown. Here Judge Chase interrupt- 418 THE ADMINISTRATION ed Mr. H. to tell him that he was mistaken m the law. That the words " tenor and effect," which were used in the indictment, justified the prosecutor in giving only the substance of the libel if he thought proper. It is contended, said he, that the original must be copied in the indictment, verbatim el literatim. I wonder they do not con- farm punctuatiui too. The law is not so. Mr. H. observed that he did not know what the decisions in the courts of the United States had been ; but the English authorities supported the doctrine which he advanced. The principle, continued Mr. H. which renders this strictness necessary and proper, applies with full force to the case before the court. The traver- ser is charged with a libellous writing of the follow ing tenor : " The reign of Mr. Adams, &c." In support of this charge a book is introduced, which is not named in the indictment, which begins with different words, and which contains not the precise words recited in the indictment, but many passages and pages besides. Mr. H. conceived that the " Prospect" could not therefore be offered in evi dence, unless the indictment had charged the tra- verser with a false, scandalous and malicious wri ting, intitled, " The Prospect before Us," contain ing among other things, the passages which occa sioned the prosecution. Mr. H. said that he had examined many ad judged cases, and in every instance the title of the OT JOHN ADAMS. 419 writing charged to be libellous, was recited, and called on the Attorney of the United States to pro duce a single instance to the contrary. If then the variable practice was as he stated it to be ; if the ablest lawyers had uniformly adhered to it, the ob servation of Coke, (Co. Lyt. 115, b.) that the forms of pleading are the best evidence of law, seemed to be conclusive, that the title of the libel ought to have been stated in the indictment. Mr. H. said that from about twenty cases which he had examined, he would select three, which seemed best calculated to shew that the description of the libellous writing, by the title given to it by the author, was essentially necessary. The first case was, where the title was very long ; the second was, where the paper containing the libel had a number as well as a title ; in which case the num ber as well as the title was recited ; and the third was, where the libel was published in the French language, in which case the title, though very lengthy, was recited in French, and then in English. Here Judge Chase interrupted Mr. Hay, to tell him that he was mistaken, I pronounce the law to be otherwise, said he. I know that cases can be produced where the title of a libel is recited in the indictment. I remember, continued he, with an increased elevation of voice, one case par ticularly. A man was indicted for publishing a libel 420 THE ADMINISTRATION called " Nun in her smock," but it was not neces sary to mention the title of the libel in that case, nor is it necessary in any case. Mr. H. observed that if he could be permitted to proceed, he would go on to state to the court the reasons which impressed his mind with a belief that the omission was fatal, and precluded the pro secutor from the right to introduce as evidence " The Prospect before Us." The practice was, he said, as he had stated it to be. It appeared to him, that the reasons which might be urged in vindication of the practice, could not readily be answered. It is a principle of universal law, said Air. H. as well as of common sense and justice, that if a man s words, spoken or written, are made the foundation of a charge against him, they are all to be taken together. If the title of the " Prospect" had been inserted, and the whole book thus brought before the jury, the traverser might resort to any part of it for an explanation of the passages charg ed to be libellous. But if passages of this descrip tion are taken from a bool^or writing without nam ing or describing it, and cHtged in the indictment as constituting a libel, the rnily questions before the jury would be 1st. Did the traverser write, print, orpublish the words charged; and 2d. Are these words false, scandalous and malicious. If this rea soning were correct, the traverser would be exclu ded from the benefit held out to him by the prin- I OF JOHN ADAMS. 421 ciple which has been just stated, and which was deemed incontrovertible. Here the judge again interrupted Mr.H. is no doubt, said he, but that the traverser, under the present indictment, will have the benefit from which you seem to fear he is excluded. I say he will have that benefit. ...you know that he will. Mr. H. said, that he did not know it before ; but as the court meant to allow the traverser the privilege which he conceived belonged to him, he would say no more on that point. But, continued Mr. H. another reason presents itself in vindication of the practice so uniformly maintained in England, which perhaps may merit a more serious consideration from the court. It is doctrine hitherto unquestioned, that in all criminal prosecutions, the offence shall be descri bed with all possible certainty. In larceny, it is necessary to mention not only the specific articles alledged to be stolen, but the name of the person to whom they belonged. The same principle was extended to every description of criminal prosecutions, and had a very considerable operation even in questions of a private nature. If an action of debt were brought upon a bond, the declaration must describe precisely such a bond as that adduced in evidence. Two reasons were furnished by the books why this precision was deemed necessary : the first was, that the party accused might know exactly how to 422 THE ADMINISTRATION defend himself; the second, that he might plead his conviction or acquittal in bar of a subsequent pro secution for the same offence. Hawk. 322. The first reason seemed to be as consonant to humanity as to law : and if it was a good reason, it operated with fatal force against the attempt of the Attorney of the United States, to produce the " Pros pect * as evidence. If the title of the book had been mentioned in the indictment, Mr. Callender would have been fully apprised, by the copy with which he has been furnished, of the crime with which he was charged. But as it was not men tioned, he could not ascertain from the indictment itself, against which, and against which only, he was to make his defence, whether the recited pas sages were taken from the " Prospect," or from some gazette in which they had been republished, but in the publication of which he had no concern. In support of the charges contained in this indict ment, facts of a very different nature might be stated, with a view to be proved : and the traverser therefore could not know with that certainty with which accusations ought always to be made, whe ther he was to be at the trouble of justifying what he had said, or whether he could safely rest his de fence on the insufficiency of the evidence brought against him to prove the act of publication only. The second reason appeared to Mr. H. to be conclusive. He contended, that one writing a gainst the President, containing fifty libellous pas- OF JOHN ADAMS. 425 sages, if published at the same time, was only one act for which one prosecution only could be main tained. If the present indictment had mentioned the title of the book now introduced, the decision about to be pronounced, whatever it might be, might be pleaded in bar of a subsequent prosecu tion for the same, or for any other passages in the same book. In support of this plea, the traverser would have nothing to do but to produce the re cord. This alone would protect him. But if the title of the book is not to be recited, the produc tion of the record would not be sufficient to sup port his plea of " formerly acquitted or formerly convicted. " In addition to the record, he must bring forward witnesses to prove that the " Pros pect" had been given in evidence against him at the former trial. Such witnesses, perhaps* might be procured, but it was not certain ; and when pro cured, their evidence might not be sufficiently ex plicit to establish the point relied on by the tra verser. He did not stand therefore in a state of security, in which a man ought to be placed who once answered a charge made against him by his country, and in which he would be placed if the doctrine contended for by his counsel were correct. Here the judge observed to Mr. Hay, in HI? WAY, that it was certain that the traverser might plead the present prosecution in bar of any other. It was clear law, and Mr. H. must know it to be 424- TPIE ADMINISTRATION so. Mr. Hay said that he was not completely un derstood. The present prosecution might be plead ed in bar of another prosecution for the same offence, and would, according to his doctrine, appear on the record ; but according to the doctrine to which the court seemed to incline, the evidence of this fact, resting on memory only, might perish for ever. Here the Attorney for the United States was about to rise ; but the judge stopped him. Really, Mr. Attorney, said he, it is not worth your while to take up the time of the court in making a reply. There can be no good reason for excluding the book as evidence. The traverser is charged with having written, printed or published a certain libellous writing ; all that is to be done on the part of the United States, is to prove this charge to be true, and the book called the "Prospect," is good evi dence to support it. This point being disposed of, the Attorney for the United States rose and commented at great length on every charge contained in the indict ment. The jury then retired and returned a verdict of Guilty. The sentence of the court was, that James Thomson Callender be fined two hundred dollars, and be imprisoned nine months ; and find security for his good behavior during the same period from the date of his sentence. OF JOHN ADAMS. 425 The trials of Cooper and Callender furnish the strongest proofs of the partiality which prevailed in the American courts during the administration of Mr. Adams. The conduct of Judge Chase to Mr. Cooper must be reprobated by every lover of jus tice and liberty. In Callender s trial, after the ju ry delivered their verdict, Chase observed that it was pleasing to him, because it shewed that the laws of the United States could be enforced in Vir ginia, the principal object of Callender s prosecu tion. In charging the jury, he spoke of Mr. Cal lender in the most contemptuous manner: he call ed upon their honest indignation : he declared that he did not think there was so bad a man in the Uni ted States. This language might have been tole rated from the prosecutor, but coming from a judge, it is censurable in the highest degree. Before we proceed with an account of the elec tions for President in the different States it is pro per to give an account of the lives and characters of the different Candidates. This will constitute the subject of the next chapter. Hhh 426 THE ADMINISTRATION CHAPTER XV. Lives and Characters of Thomas Jefferson, Aaron Burr, and Charles Cotesworth Pinckney. THOMAS JEFFERSON was born in the year 1743, at Monticello, in the county of Albemarle, in Virginia. He was the eldest son of his father, who was a respectable land holder, and joint com missioner appointed with Colonel Fry for settling and extending the boundary line between Virginia and North-Carolina, in 1749. About the age of fourteen he was sent to the University of William and Mary, in the city of Wil- liamsburgh, a seminary, though not equal to the European schools, has yet produced several cha racters that, in classical knowledge and legal abili ties, would do honor either to Cambridge or Ox- ford. The progress which young Jefferson made in the different departments of science and literature was rapid ; and he obtained the degrees of the College with honor to himself and credit to his in structors. At the desire and advice of his relations, he commenced a course of law under the direction of George Wythe, now the venerable judge and sole chancellor of Virginia. Being naturally fond of philosophic pursuits, and accustomed to acute discrimination and logical discussion with his fel low students, he greatly facilitated the acquire- OF JOHN ADAMS. 427 ment of legal knowledge, which he now studied as a profession. In J766 he came to the bar of the Supreme Court of his native State, and on his first appear ance gave indication of talents that would rise to high eminence. Here he continued to practice with success and reputation until the commence ment of the American Revolution, in 1775, when he was called forward to support the rights of his country, and for those important ends which have been so conspicuously realised in the various ca pacities in which he has acted. Mr. Jefferson is in his person tall and slender, of a fresh complexion, clear, penetrating eyes, his hair inclining to red, and of a deportment modest, affable and engaging. In early youth, the only pe riod which fortune seems to have allotted him for a social intercourse with the world, he was in every circle its ornament, instructor and pride. A close application, aided by an uncommon strength of mind, supplied the want of many European advan tages. Without neglecting the particular study which was the primary object of his employment, Mr. Jefferson found sufficient time to attend to the polite acquirements. He relieved the tedious fa tigue of law by improving the knowledge of Ge ometry, Astronomy, and Natural Philosophy which he had acquired at the University ; and the research of science he occasionally blended with the light er an-d perhaps more agreeable amusements of draw ing and music. In the latter art he not only arv- 428 THE ADMINISTRATION ed at that degree of mediocrity which serves to soften the passions and refine the tender feelings, but was considered among amateurs as a consider able proficient. In 1774, when the inhabitants of America were roused into action by the tyranny and accu mulated wrongs of the British government, Mr. Jefferson published his celebrated pamphlet, " Sum mary view of the rights of British America," ad dressed to the king, which brought forward against the author threats of prosecution from the Earl of Dunmore, then Governor of Virginia. Mr. Jef ferson was obnoxious to this nobleman on another account : Dunmore was, in his own country, con sidered as one of the most intemperate and dissolute young men of his age. The climate of Virginia, with the unlimited authority of a British Governor, served to inflame his passions, and heighten his li centious habits. His hours, in place of being spent in redressing the wrongs and listening to the griev ances of the Virginia planters, were devoted to the gambling table, and the indulging of the sensual appetites. When the arts of seduction proved in effectual the brutal peer even had recourse to vi olence. A young lady of the name of Campbell, the daughter of a respectable merchant in Rich mond, became the victim of his unbounded amours. Her brother, an officer in the king s service, called Dunmore to account for his injured sister. The haughty Governor, in place of giving the satisfac tion which justice required, had him arrested and OF JOHN ADAMS. 429 sent to England, where, by the sentence of a court-martial, he was deprived of his commission. A well wrote and accurate statement of this unwar rantable outrage appeared soon after in the public papers of Virginia ; the author. I am informed, was a lawyerof the name of Foster, but the Earl of Dunmore supposed it, from the ability it displayed, to have been the production of Mr. Jefferson. His threats, however, produced no other effect than to cause Mr. Jefferson publicly to avow himself the author of the Rights of British America. About this time he married an amiable woman, the daughter of Mr. Wayles, an eminent counsellor in Virginia : that affectionate partner, unfortunate ly no longer exists. The death of this lady, in 1780, devolved on him a more weighty care, the edu cation of two lovely daughters, their surviving issue : these have been reared under his immedi ate inspection, and have accompanied his diplo matic functions whithersoever they have been di rected. It was not to be expected that a man of such conspicuous qualifications could be suffered long to remain in the shade of philosophic retirement. In the year 1775, he was elected a member of the Virginia convention, and on the 4th of August, in the same year, one of the members to represent that State, then colony of Virginia, in Congress. In this Legislature, he became a distinguished and useful members and has left many traces of suffi- 430 THE ADMINISTRATION cient importance to display his knowledge of legal jurisprudence. In the memorable year of 1776, which separa ted the United States from their mother country,, and gave the example of freedom to the monar chies of Europe, we find Mr. Jefferson advancing to a still more dignified station. He was chosen? along with Benjamin Franklin, John Adams, Ro ger Sherman and R. R. Livingston, to draw up the declaration of our independence, an instrument which will ever be considered as the magna charta of American liberty. It was from the elegant pen and enlightened mind of Mr. Jefferson, who was first named on the committee, that this instrument proceeded; which, so long as the records of time shall endure, will perpetuate the fame of its author. He was also honored with the public confidence, by being appointed a member of the first Congress, where he sat two years, supporting a character highly respectable, and which will stand dignified in the judgment of our remotest posterity. In the year 1778, Mr. Jefferson, being then a member of the Virginia Legislature, presented to that body the act " to prevent the importation of slaves," which was enacted into a law in the month of October of the same year ; and was shortl} fol lowed by another act, " to authorise manumis sions," being the commencement of a system of general emancipation, also proposed by him. The first critical period in Mr. Jefferson s civil administration was when he received the appoint- OF JOHN ADAMS. 431 ment of Governor of Virginia, in the year 1779, in the room of Patrick Henry, who was the first gov ernor under the renovated constitution, and the suc cessor of the Earl of Dunmore. Mr. Jefferson con tinued in this office until June, 1781. During these years, Mr. Jefferson had much to contend with. The State experienced three inva sions, and he had not only to combat an open ene my in the field, but to encounter the insidious snares of a secret faction, who assailed his reputa tion and stabbed him in the dark. They insinua ted that he had abandoned the government of Vir ginia to its enemies, and sought personal safety by flight to the mountains, and that he likewise had refused to pay military claims in preference to those of the civil list. Against these slanderous falsehoods, I shall transcribe the arguments of Mr. Jefferson s biogra pher, in an English publication intitled, " Public Characters of 1801." " If the first of these loose insinuations (says this writer) be supposed to apply to the evacuation of the Virginia metropolis, an American officer, now present, was with him on the occasion, and contra dicts the fact : if to the second visit which Gene ral Tarlton did himself the honor of paying to the deliberating councils of that country, the whole Legislature must be implicated : Dum armes, silent leges ! The propriety of his pecuniary appropria tions are, perhaps, easily to be justified, 432 THE ADMINISTRATION ec In regard to the first point of view, facts au thorise the bold assertion, that the government de serted Mr. Jefferson, not that Mr. Jefferson desert ed the government, on this occasion of unpa ralleled risk and difficulty. The gentleman present, and now ready to testify, was at that period an officer, in the confidence of the commanding Ge neral in that part of the country, and was on this particular occasion, sent to Mr. Jefferson with dis patches of an important nature, (being choicely mounted, by the General s particular order, on the most noted running horse which the whole country afforded ;) he found Mr. Jefferson in the town of Manchester, opposite to Richmond, which is the metropolis spoken of, and then about fourteen miles from the rear of General Arnold, who was retiring from his predatory incursion. He learnt from the few confidential friends who surrounded the gov ernor, that his Excellency had been busily engaged, even in personal labor, to secure those very arms in a place of safety which were abandoned by his citizens to the mercy of the enemy ; while some indeed, were as industriously employer! in circula ting falsehoods to his prejudice. " In the respect of his pecuniary appropriations, before alluded to, gentlemen of the army seem to have been a little premature, in imbibing a preju dice against a public character, whose office de manded of him an independent exercise of his judg ment. This might in part, perhaps, proceed from the imperfect knowledge to which military life in OF JOHN ADAMS. 433 general attains in the affairs of civil government, and partly from those false suggestions which are wont to arise from the malice of faction. It is true that a part of the army were discontented with Mr. Jefferson, and it is equally so, that their jealousy of pecuniary partialities was the chief cause ; but it remains to be determined, whether this was a rea sonable dissatisfaction. It was a prevalent com plaint, that the civil list was paid while the claims of the military were unattended to. In canvassing this murmur, let us take a view of the premises: Every one knows the situation of Virginia at that time; her credit was sunk, her strength exhausted by the marching and counter-marching of her troops, invaded by a powerful enemy, and her contingent fund at a very low ebb. ...certainly the propriety of supporting her civil government through such dis asters, will be viewed as a primary object by all sound politicians. Without that supreme head, the very cause which called for a defence would have been annihilated, and the dissatisfied military would have been disorganized, and no longer necessary. With regard to the component individuals who were included in the civil list, it was necessary to support them ; for to do this was essential to the existence of jurisprudence, and indispensably necessary for the support of good order in the community. The people of the metropolis, (Richmond) were nei ther willing nor aHe to take the whole burden of government upon their own shoulders ; nor were thev, on any account, bound to submit to itj I ii 434 THE ADMINISTRATION yet the departments of administration must ne cessarily reside there, and the inhabitants must as necessarily be paid for accommodating men who have sacrificed the convenience of life to the duties of public service, and were unavoidably dependent on the national fund. Had the trea sury of the State been adequate to the whole de mand, it is presumed no man would have felt great er pleasure than Mr. Jefferson in the accommoda tion of all their wants, for benevolence is a trait in his constitution which has more than once placed his private credulity in the hands of the swindler. It is moreover to be considered, that the civil list contained but a small number of individuals ; the military roll comprised a very large one. Of two evils it was certainly proper to choose the least; besides the military had one resource which was beyond the immediate power of the civil authority : their arms and the laws of war, empowered and justified them in taking needful supplies, (otherwise than in waste) from those to whom Providence had been most bountiful ; for such had been made the common lot of the war, the whole property of the people being voluntarily pledged for its defence at the period of its commencement. ...some of the military, however, had a different sense of these matters, and preferred to quarter upon the chief magistrate, those whom rank and military pride should have better instructed in the rules of deco rum and common civility. 1 OF JOHN ADAMS. 435 ln the } 7 ear 1781, under the pressure of public business and family affliction, Mr. Jefferson pre pared his celebrated work, afterward published in Europe, intitled, " Notes on Virginia/ In the year 1783, Mr. Jefferson was appointed to a seat in Congress, from whence he was nomina ted as ambassador to the court of Spain, but the ap proach of peace, it is presumed, rendered his voy age unnecessary. In the following year, on the 7th of May, he was nominated by that honorable body minister plenipotentiary of the United States, to the court of France, as the successor of the venera ble Franklin. From thence he communicated his ne - gociations concerning the freedom of the tobacco trade, and the powerful opposition of the farmers- general, &c. to Mr. Jay, then our minister offoreign affairs, in a letter dated 27th of May, 1786 : in this letter he evinces considerable diplomatic talents and success, having gained the approbation of Mr. de Vergennes and the acquiescence of Mr. de Ca- lonne. He has also recommended to the people of Carolina, an improvement in preparing their staple commodity, rice, in order to lead the Medi terranean market. In another letter to Dr. Stiles, President of Yale College, dated Paris, September 1st, 1786, he displays a fund of sentiment and in formation sufficient to entitle him to the confidence of his country and the admiration of society. On the 22d of October, 1786, Mr. de Calonne announced to Mr. Jefferson, by letter from Fon- tainbkau, the intention of the kincr of France to 436 THE ADMINISTRATION favor the commerce of the United States as much as possible -, to double the number of their free ports ; to reduce the duties which were prejudicial to the commerce with America ; that after the ex piration of a contract made by the farmers-general with Mr. Morris, (concerning tobacco) no similar one should be permitted ; and that during the ex istence of the term of Mr. Morris s contract, the farmers-general should be compelled to purchase annually about fifteen thousand hogsheads of Ame rican tobacco. This regulation of the tobacco trade, (though not wholly in conformity to the prin ciples proposed by Mr. Jefferson in his letter to the Count de Vergennes) appears to have been the re sult of Mr. Jefferson s negociation, which had first in view to eradicate that monopoly entirely. In the arguments used by Mr. Jefferson for the abolishing of French duties upon the oil trade, he appears to have carried equal conviction ; for al though France could not consent to a total aboli tion, she puts the United States on a footing with the Hanse towns, and Mr. de Calonne assigns the pre-existing treaties with other powers as a reason for her doing no more : his most Christian majesty, moreover, thought fit to abolish the duties of fabri cation upon this article. About the same period, Mr. Jefferson, in con junction with Franklin, negociated with a minis ter from the court of Prussia, then at the Hague, the treaty known by the name of the " Prussian Treatv," in which an astonished world has, for OF JOHN ADAMS. 437 the first time, seen a public avowal, and positive provision by treaty between two sovereign and in dependent nations, for the establishment of those two great and glorious principles, promotiveof uni versal peace and happiness, to wit: 1st. That free ships shall make free goods ; and 2d. That privateer ing in time of war be abolished ; principles which it were to be wished could be rendered universal. Mr. Adams was one of the commissioners for nego- ciating this treaty, and on its completion it was sent over to London, where Mr. Adams then resided as minister of the United States, for his signature. It is greatly to be regretted that Mr. Adams could not be content to retain to himself a share of the glory which reflects on the authors of this celebrated treaty ; but, unhappily for our country, while he was President of the United States, we have seen him nominate his son, John Quincy Adams, as minister to the court of Prussia, for the express purpose, as declared, of renewing the treaty with that nation, which having been limited to continue in force for ten years only, had expired. Accord ingly, another treaty has been made by his son with Prussia, which has been approved by a ma jority of the Senate, and ratified by Mr. Adams ; but which, instead of renewing and continuing the old treaty, is in itself a new one, expressly abandoning and renouncing the two inestimable principles ; 1st, That free 1 ships shall make free goods ; and 2d. That privateering in time of war be abolished-, prin- 438 THE ADMINISTRATION ciples, which it appears from the correspondence accompanying the negociation, laid before the Sen ate of the United States by the late President, the wise and enlightened ministers of the Prussian monarch were brought, with great difficulty and reluctance, to abandon on the earnest solicitation and reiterated demand of the American negociator, under the suggestion that the maritime powers, pcwticularly Great Britain, would never sanction or permit them. In the year 1789, Mr. Jefferson being return ed to the United States, and appointed by Presi dent Washington Secretary to the department of State, immediately entered on the arduous duties of that important station, having previously stipu lated with the President, that in consideration of the many years absence from his family and estate, he might be permitted, at the expiration of the constitutional term for which the President was elected, to retire from the public service. The first result of the labors of Mr. Jefferson in the department of State, were exhibited to Con gress in the following reports, to wit : 1st. A report on the fisheries of the United States. 2d. A report on coins, weights and measures. 3d. A report on the waste and unappropriated lands of the United States. 4th. A report on the privileges and restrictions on the commerce of the United States in foreign countries. OF JOHN ADAMS. 439 Each of these reports displayed the usual accu racy, information and intelligence of the writer. But it was reserved for a more critical and deli cate period in the affairs of the United States, that the pre-eminent talents of the American Secretary should become most conspicuous, and interestingly useful to his country. The non-execution of the treaty of peace with the United States, on the part of Great Britain ; her detention of our Western Posts, and the attendant spoliations on our com merce, both by Great Britain and France, then at war with each other, added to the intrigues of the minister of the latter, Genet, all conduced to a situation difficult and perplexing. Besides which, Spain continued to withhold from us the free navi gation of the Missisippi, so essential to all wes tern America. In this state of things, the just con fidence which the discriminating mind of Washing ton had reposed in Mr. Jefferson, was amply re paid by that promptness, zeal and ability with which the American Secretary contributed by his labors to relieve the Executive from embarrass ment. Through a series of masterly and unequalled di plomatic correspondence, which he maintained at the same time with the respective ministers of Great Britain and France, namely, Hammond and Genet, he traversed and rebutted their respective causes of charge and complaint against the United States, and having fully proved the various aggres sions and infractions of treaty en the part of their 440 THE ADMINISTRATION respective governments, pointed to the means for preserving the honor and maintaining the rights of his own country, whilst alike superior to the in trigues of Great Britain or of France, he fully mani fested that he held no particular attachment to any foreign nation, but was equally prepared, with the decision, firmness and intelligence of a true Ame rican, to oppose and resist the aggressions of all. The recal of Genet, and appointment of his suc cessor, with the subsequent proceedings between the United States and France ; the appointment of Mr. Jay, his treaty with Great Britain, and the re cal of Mr. Hammond, appointment of Mr. Liston, and subsequent proceedings with Great Britain, are all well known. In respect to Spain, the labors of Mr. Jefferson w r ere more immediately effective and corn pie at. Having possessed the commissioners of the Uni ted States, then at Madrid, negociating a treaty with the court of Spain, with the most ample and pointed instructions, and also of the form and pro visions of a treaty predicated on the basis of the free navigation of the Missisippi, it remained only for Mr. Thomas Pinckncy, then minister from the United States at London, under special instruction from the President, and appointed envoy for that purpose, to repair to Madrid, and seeing the favor able moment for effecting it, to accomplish this de sirable work. This was accordingly done with equal prompt ness and decision on his part, and jointly to that, OF JOHN ADAMS. 441 and the labors of the American Secretary in the cabinet, are the United States indebted for the most liberal, honorable and beneficial treaty they ever yet entered into with a foreign nation. It is the fate of every man whom virtue and talents have elevated, to excite the envy and ha tred of many. Previous to Mr. Jefferson s elec tion, a great clamor was raised through the Uni ted States respecting debts due from him to British merchants. This subject, however, when examined, in place of detracting, will add considerably to the lustre of his character. In the year 1774, before a shilling of paper money had been issued, Mr. Jefferson sold about five thousand acres of land in Cumberland and Bedford counties, to pay his proportion of a debt due from the estate of Mr. Wayles to Farrel and Jones. Fie offered the bonds to their agent imme diately, who refused to take them. The money was paid to Mr. Jefferson in 1779 and 1780, and he carried it to the treasury of Virginia, as the Jaws pressed on all to do who owed money to British subjects, declaring that the public would pay dollar for dollar. This delusion soon passed away, and it became evident that the public nei ther could, nor ought to pay according to the nom inal value. The reader w r ill perceive the loss which Mr. Jefferson sustained, and that if he had been disposed to quibble, no event could have af forded him a more plausible pretext. But it ap pears that Mr, Jefferson considered himself still Kkk 442 THE ADMINISTRATION answerable to Farrel and Jones, and therefore set tled with their agent otherwise. The next debt in succession was one due to Kippen and company, for whom Mr. Lyle, of Man chester, was agent. Mr. Jefferson s conduct in the settlement of this claim was strictly honorable. As soon as he returned from his mission to France, he waited upon Mr. Lyle, and made immediate ar rangements for payment, deducting the eight years war interest. Respecting the war interest, the following let ter from Mr. Jefferson is quite satisfactory. ...it was produced in court by Jones s agent, and afterwards published in the Aurora :* "Paris, Januarys, 1787. " SIR, " When I had the pleasure of seeing you in Lon don, I mentioned to you that the affairs of Mr. Wayles s estate were left to be ultimately settled by Mr. Eppis, the only acting executor ; that I have left in his hands also, and in those of a Mr. Lewis, the part of Mr. Wayles s estate which came to me to gether with my own ; that they were first to clear off some debts which had been necessarily con tracted during the war, and would after that apply the whole profits to the payment of my part of Mr. Wayles s debt to you, and to a debt of mine to Kippen and company, of Glasgow. Being anx ious to begin the payment of these two debts, and finding that it would be too long postponed if the residuary ones were to be paid merely from the OF JOHN ADAMS. 443 annual profits of the estate, a number of slaves have been sold, and I have lately received information from Messrs. Eppis and Lewis, that the proceeds of that sale, with the profits of the estate to the end of 1781, would pay off the whole of the resi duary debts. As we are now, therefore, clear of embarrassments, to pursue our principal object, I am desirous of arranging with you such just and practicable conditions, as will ascertain to you the terms at which you will receive my part of your debt, and give me the satisfaction of knowing that you are contented : What the laws of Virginia are or may be, will in no wise influence my conduct ; substantial justice is my object, as decided by rea son, not by authority or compulsion. " The first question which arises, is as to the article of interest ; for all the time preceding the war, and all subsequent to it, I think it reasonable that interest should be paid, but equally unreason able during the war. Interest is a compensation for the use of money ; your money in my han^s is in the form of lands and negroes ; from these, during the war, no use, no profits could be derived : Tobac co is the article they produce, that only can be turn ed into money at a foreign market ; but the moment it went out of our ports for that purpose, it was cap tured either by the king s ships or by those of indi viduals. The consequence was, that tobacco worth from 20 to 30 shillings the hundred, sold generally in Virginia, during the war, for 5 shillings : this price, it is known, will not maintain the laborer and pay 444 THE ADMINISTRATION his taxes; there was no surplus of profit then to pay an interest ; in the mean while we stood insu rers of the Jives of the laborers, and of the ultimate issue of the war. He who attempted, during the war, to remit either the principal or interest, must have expected to remit three times to make one payment, because it is supposed that two out of three parts of the shipments were taken. It was not possible then for the debtor to derive any profit from the money which might enable him to pay an interest, nor yet to get rid of the principal by re mitting it to his creditors. With respect to credit ors in Great Britain, they turned their attention to privateering and arming the vessels they had before employed in trading with us ; they captured on the seas not only the produce of the farms of their debtors, but of those of the whole State. They thus paid themselves by capture more than their annual interest, and we lost more ; some merchants^ indeed, did not engage in privateering ; these lost their interest ; but tee did not gain it ; it fell into the hands of their countrymen. ...it cannot, therefore, be demanded of us. As between these merchants and their debtor?, it is the case where a loss being in curred, each party may justifiably endeavor to shift it from himself; each has an equal right to avoid it ; one party can never expect the other to yield a thing to which he has as good a right as the de- mander. We even think he has a better right than the demander in the present instance ; this loss has been occasioned by the fault of the nation which OF JOHN ADAMS. 445 was creditor ; our right to avoid it then stands on less exceptionable grounds than theirs. But it will be said that each party thought the other the aggressor ; in these disputes there is but one umpire, and that has decided the question where the world in general thought the right lay. " Besides these reasons in favor of the general mass of debtors, I have some peculiar to my own case. In the year 1776, before a shilling of paper money was issued, I sold lands to the amount of ..4,200 in order to pay these two debts. I offered the bonds of the purchase to your agent, Mr. Evans, if he would acquit me and accept of the purchasers as debtors in my place. They were as sure as my self j had he done it, these debts being turned over to you, would have been saved to you by the treaty of peace ; but he declined it. " Great sums of paper money was afterwards issued ; this depreciated, and payment was made me in this money, when it was but a shadow. Our laws do not entitle their fellow citizens to require repayment in these cases, though the treaty autho rises the British creditor to do it. Here then I lost the principal and interest once. Again, Lord Cornwallis encamped ten days on an estate of mine at Elk Island, having his head-quarters in my house : he burned all the tobacco houses and barns on the farm ; he burnedall the inclosures, and wast ed the fields in which the crop of that year, was growing, (it was in the month of June ;) he killed or carried off every living animal, cutting the throats 446 THE ADMINISTRATION of those which were too young for service ; of the slaves, he carried away 30. The useless and bar barous injury he did me in that instance, was more than would have paid your debt, principal and in terest ; thus I lost it a second time. Still I will lay my shoulders to the payment of it a third time ; in doing this, however, I think yourself will be of opinion, I am authorised in justice to clear it of every article not demandable in strict right : of this nature I conceive interest during the war. " Another question is, as to the paper money I deposited in the treasury of Virginia, towards the discharge of this debt. I before observed, that I had sold lands to the amount of <.. 4,200 sterling> before a shilling of paper money was remitted.... with a view to pay this debt, I received this money in depreciated paper. The State was then calling on those who owed money to British subjects, to bring it into the treasury, engaging to pay a like sum to the creditor at the end of the w r ar. I car ried the identical money, therefore, to the treasury* where it was applied, as all the money of the same description was, to the support of the war. Sub sequent events have been such, that the State can not and ought not to pay the same nominal sum in gold or silver, which they received in paper, nor is it certain what they will do. " My intention being, and having always been, that whenever the State decides, you shall receive my part of the debt fully. I am ready to remove all difficulty arising from this deposit -, to take back OF JOHN ADAMS. 447 to myself the demand against the State, and to con sider the deposit as originally made for myself, and not for you. " These two articles of interest and paper mo ney being thus settled, I would propose to divide the clear proceeds of the estate (in which there are from 80 to a 100 laboring slaves) between your self and Kippen and Co. two thirds to you and one third to them ; and that a crop of this year, 1787, shall constitute the first payment. That crop youknow, cannot be got to the warehouse complete ly till May next year ; and I suppose three months more will be little enough to send it to Europe, or to sell it in Virginia and remit the money ; so that it could not safely answer for placing the proceeds in your hands till the month of August, and annually every August till the debt shall be paid. ...it will always be both my interest and my wish, to get it to you as much sooner as possible, and prob ably a part of it may always be paid some months sooner. " If the assigning the profits in general terms may seem to you too vague, I am willing to fix the an nual payment at a certain sum. ...but that I may not fall short of my engagement, I shall name it some what less than I suppose may be counted on ; I shall fix your part at four hundred pounds sterling an nually ; and as you know our crops of tobacco to be uncertain,, I should reserve a right, if they fall short one year, to make it up the ensuing one, without being supposed to have failed in my en- 448 THE ADMINISTRATION gagement ; but every other year at least, all ar rearages shall be paid up. " My part of this debt of Mr. Wayles s estate be- ing one third, I should require that in proportion as I pay my third I shall stand discharged as to the other two thirds, so that the payment of every one hundred pounds shall discharge me as to three hun dred of the undivided debt. The other gentlemen having equal means of paying, equal desires and more skill in affairs, their parts of the debt, there fore, are at least as sure as mine, and my great ob ject is, in case of any accident to myself, not to leave my family involved with any matters what ever. " I do not know what the balance of this debt is ; the last account current I saw was before the war, making the whole balance, principal and interest, somewhat about nine thousand pounds, and after this there were upwards of four hundred hogsheads of tobacco, and some payments in money to be credited. However, this settlement can admit of no difficulty, and in the mean time payments may proceed without affecting the right of either party to have a just settlement. " Upon the whole, then, I propose on your part, you relinquish the claim to interest during the war, say from the commencement of hostilities, April 19, 1775, to their cessation, April 19, 1784, being exactly eight years, and that in proportion as I pay my third I shall be acquitted as to the other two thirds. On my part, I take on myself the loss of OF JOHN ADAMS. 449 the paper-money, deposited in the treasury, I agree to pay interest previous and subsequent to the war, and oblige myself to remit to you for that and the principal, four hundred pounds sterling, annually, until the third of the whole debt shall be fully paid, and I will begin their payments in August in next year. If you think proper to accede to these pro positions, be so good as to say so at the foot of a copy of this letter ; on the receipt of that, I will send an acknowledgment of it, which shall render this present letter obligatory on me ; in which case you may count on my faithful execution of this undertaking. " I have the honor to be, " With great respect, Sir, " Your most obedient, and " Most humble servant, (Signed) THOMAS JEFFERSON." The following letter to Mr. Mazzei, a resident in Tuscany, attributed to Mr. Jefferson, has been handed about, and attempts made to question its veracity; but as it has never been denied, it maybe considered as the production of our President, and it reflects considerable credit on his love of truth and principles, as well as a writer. " Our political situation is prodigiously changed since you left us. ...instead of that noble love of liberty, and that republican government which carried us triumphantly through the dangers of the war, an anglo-monarckico aristocratic party has arisen. Their avowed object is to impose on us Lll 450 THE ADMINISTRATION the substance, as they have already given us the form of the British government; nevertheless, the princi pal body of our citizens remain faithful to republi can principles. All our proprietors of lands are friendly to those principles, as also the mass of men of talents. ...we have against us the Executive pow er, all the officers of government, all who are seeking offices, and all timid men wbo prefer the calm of despotism, to the tempestuous sea of liberty ; the British merchants, and Americans who trade on British capitals, the speculators, persons interested in the bank and public funds. " I should give you a fever if I should name the apostates who have embraced those heresies.... men who were Solomons in council and Sampsons in combat, but w r hose hair has been cut off by the whore, England. " They would wrest from us that liberty which we have obtained by so much labor and peril, but we shall preserve it. Our mass of weight and riches is so powerful, that we have nothing to fear from any attempt against us by force.... it is suf- Hcient that we guard ourselves, and that we break the Lilliputian ties by which they have bound us, in the first slumbers which succeeded our labors; it suffices that we arrest the progress of that system of ingratitude and injustice towards France, from whom they would alienate us to bring us under British influence." This article I shall conclude with the following extract from a character given of Mr. Jefferson, OP JOHN ATAMS. 451 by a celebrated counsellor in the State of New- York : cc There was no character perhaps in America, more eminently calculated to fill the department of State, than Mr. Jefferson. Few men who have travelled at all, have travelled with more advan tage ; and had a greater capacity of receiving im provement from this mode of it, than him. The genius of each nation, its particular customs and manners, and the great relative interest which re gulated the policy of courts, were subjects with which he was acquainted ; and eminently fitted him to fill a department, the peculiar organ of their communications. Controversy, which so frequently betrays the fallibility of the understanding, because it begets intemperance, never makes him a victim to the designs of his opponent. He listens to his arguments with scrupulous attention ; draws new sources of information from conflicting principles; and if he is animated at all, it is with the discovery of a new truth. There are, perhaps, few men bet ter calculated always to triumph and always to leave upon the mind, at least the most favorable impressions, if not the most decisive conviction,. This is not difficult to account for, when applied to Mr. Jefferson ; because few men, like him, de serve the application. He never hazards an opin ion without the authority of experience, and the conviction of reason. Travel and observation have matured the one, and extensive application and re flection have invigorated the other. His principles. 452 THE ADMINISTRATION therefore, convey the strongest impressions ; which he inforcesby logical deduction, and mathematical precision, drawn from an expanded intellect, that separates with infinite facility, the purity of truth from the grossest materials of error. " When citizen Genet, the ex-minister of Robes- perian fanatacism, appeared in America, he at- temped to impose his new philosophy of light and liberty upon the government. He had nothing to boast of, on the score of superior diplomatic skill. His communications to the Secretary of State were evidently of the tampering kind. They were im pressed with all the marks of that enthusiastic in sanity, which regulated the councils of the faction ; and which were calculated to mistake their object, by disgusting their intended victims. The mind of Mr. Jefferson discovered itself in an early period of his correspondence with the French minister. The communications of Genet were decorated with all the flowers of eloquence, without the force and conviction of rhetorical energy. Accustomed to diplomatic calculation, and intimately combining cause with effect, Mr. Jefferson apprehended the subject with strength and precision. ...considered it, developed it, viewed it on all sides, listened to every appeal, and attended to every charge ; and in every communication burst forth with a strength of refutation that at once detected and embarrass ed the disappointed minister of a wily and fanatic nation, OF JOHN ADAMS. 453 " It is, in most instances, useless to oppose enthu siasm with the deliberate coolness of reason and argument. They are the antipodes of each other - and of that imperious nature which mutually so licit triumph and disdain reconciliation. The ty ranny of the Robesperian principles were calculated to enveigle within the vortex of European politics, the American government and people. The cool ness and sagacity of the Secretary of State, com posed their defence and protection. The appeal was mutually made to the government ; and it is a fortunate circumstance, that there existed this tribunal to approbate the measures of the Secre tary, and to silence forever the declamatory oracle of an insidious faction. Checked and defeated on all sides, his doctrine stripped of its visionary principles, and himself betrayed into the labyrinth of diplomatic mystery, the ex-divinity shrunk into the silence of contempt ; declaring with his last breath, that Mr. Jefferson was the only man in America whose talents he highly respected, " The diplomatic contest with Genet was not the only one which drew forth into action the splendid abilities of Mr. Jefferson. The American world was, for some time, amused with the com munications of the English minister, Hammond.... Their object is too well known to require delinea tion. It was a contest between the antiquated principles of a rotten monarchy, deluded by the fallacious idea of effecting a triumph, and the new ly acquired maxims of the republican philosophy, 454 THE ADMINISTRATION The communications of Hammond were stamped with the original dullness and stupidity of their au thor. Incapable of convicting by the energy of argument, the importance of the minister was main tained by the length and number of his letters, and by that rigid perseverance, which was calculated to irritate and disgust. Tired with the correspon dence, the Secretary of State appears to have col lected together the united energies of his mind in a single letter of considerable length, wherein he combines with infinite skill, the erudition of the counsellor, the wisdom of the politician, and the sagacity of diplomatic ingenuity. No longer delu ded by the dreams of triumph, Hammond in a short time went home, to kiss the aristocratical hand that made him a slave ; and Mr. Jefferson to see that repose in retirement, which his laborious at tention to the duties of his office seemed to de mand. " Mr. Jefferson appears, from the incomparable felicity of his temper, to have arrived at the most elevated height of philosophy. He has not escaped the misfortune, if it is one, of having enemies to depreciate his virtues and calumniate his princi ples. These virtues have frequently furnished pre tences for the bitterest calumny. The equanimity of his temper, however, never fell a victim to the unmanly provocatives, which so often disturb little minds. His contempt for a just censure, his dig nified reserve beneath the insolence of ministerial loquacity, and his unshaken serenity, whilst the OF JOHN ADAMS. 455 whole political world is moving around him, make a soul capable of holding calamity in defiance.... Viewing mankind as they really are, biassed by passion, swayed by prejudice, and with ears con tinually open in the invocations of individual in terest, it stands aloof in the sentiment of his own exalted mind, and like Jupiter from Olympus, sur veys with serenity and silence, the fate of empires. It is well known, however, that his enemies are of that obsequious tribe of court parasites, who move in the inferior circles of respectability, and feel the influence of talents, which they seek to decry by the arts of petulence and loquacity. He has sufficient knowledge of human nature to know that this is the involuntary tribute of envy ; and is consoled that it is the medium of the incul cation of truth, and is satisfied that he is not con scious of deserving reproach, and is silent. Surely the man who can preserve such an equanimity of temper, who can maintain the composure of his mind, and listen to unmerited reproach, without deserving it ; surely such a man is intitled to the first place in our esteem. They are attributes which few men possess, are the productions of the most difficult of all attainments, the knowledge and es teem of ourselves, and flow from an elevated philo sophy, that seeks tranquillity in conscious recti tude ; which teaches forbearance whilst it refines our knowledge of human nature, and views the conflicting passions of mankind, as connected with the destiny of social life. To descend from this 456 THE ADMINISTRATION dignified sphere of human reason, like the Pagan Gods from Olympus, to participate in the conflicts of an inferior order of beings, would be doing vio lence to the sanctuary of philosophy. His enemies may desire it ; and seek an occasion for that tri umph which pertinacious mediocrity sometimes acquires over the sublimity of genius. He feels the most complete security in the celestial sanctua ry of self applause , in the steady discharge of the duties committed to his care ; in an inflexibility to ill and in the obstinacy to do justice. The arts of malice, and the rude voice of faction assail him in vain. The senseless clamors of his enemies make no impression on him. He appears invulnerable to the shafts of malignity which fall every where a- round him, blunted by the invincible dignity of his character, and the respectability of his talents." Aaron Burr, the Vice-President of the United States, was the only son of President Burr, of New- Jersey college. President Burr was born in the year 1714, at Fairfield, in Connecticut, in which colony his forefathers, who were persons of great respect ability, had been settled for several preceding gene rations. The late Governor Livingston, in speak ing of this gentleman, has the following words : " whether we consider him in a private or public view, he is still equally striking, equally distinguish ed, and without exaggerated expression, some thing surpassing the ordinary bounds of human na ture." He married Miss Edwards, the daughter of Dr. Jonathan Edwards, who was afterwards his OF JOHN ADAMS. 457 successor in Jersey college : by this lady he had Aaron Burr, and a daughter, who married Judge Tappen Reeve, of Connecticut. President Burr died in the year 1757, when his son Aaron was about three years of age ; the care of Aaron s education consequently devolved on Mrs. Burr, and none could have been more fit for that purpose than this lady. She was, in every respect, an ornament to her sex, being equally dis tinguished for suavity of manners, purity of religion and brilliancy in literature and science. At the age of fourteen, Aaron Burr was sent to the college oi Cambridge, where he soon display ed that quickness of comprehension, blended with an ease in expression and gentleness of manners, though clothed with a prudent reserve, which have composed the leading features of his character through life. In the beginning of 1774, when the standard of liberty was erected in the Eastern States, Burr, then a youth of eighteen, left his aca demic pursuits to share in those laurels which were afterwards to constitute a new acrain the history of the world, to teach kings that they had not deri ved the prerogative of power from the throne of heaven, and to disclose to mankind the pleasing doctrine that they had only one sovereign to obey, the Creator of the universe. Aaron Burr, though of a person slender and de licate, was not deterred from encountering the hardships of a winter campaign. Disdaining the advice and entreaties of his relations when the in- Mmm 458 THE ADMINISTRATION terest of bis country was at stake, he joined the ranks under the brave Montgomery, and continu ed for several months unknown in the humble but honorable capacity of a private soldier. His me rit soon raised him to the active station of aid-de camp to that General, with whom he continued un til the unfortunate attack on Quebec, the 31st. of December, 1775, deprived America of the services of that illustrious officer. After the death of General Montgomery, we find Aaron Burr in the army of General Putnam, with the rank of Lieutenant-Colonel. In the cam paign of 1777, and autumn of that year,- Colonel Burr signalized himself by the capture of a British piquet without the loss of a single man, although his party was inferior in number. As this circumstance is not narrated in any of the histories of the revolutionary war, the particu lars of it cannot be unacceptable to the American patriot. General Clinton lay across the bridge of Hackensack with about 4000 British troops ; the American army was stationed above : one evening about dark. Colonel Burr marched down with a company of twenty-four men to reconnoitre the enemy. At a little distance from the new bridge, he perceived the glimmering of a light, which pro ceeded from the enemy s piquet.... he immediately halted, and having ordered a profound silence, he crossed the road to the opposite side of the way, and took his quarters under a chesnut tree : leav ing his party, he went alone to observe the situation of the enemy, and got so near them as to obtain their OF JOHN ADAMS. 459 watch word. He returned a little before the break of day, and led his men directly between the piquet and the main body of the British troops ; then di viding his small company into four divisions of six- men each, he gave orders for two of them to attack on the front, one on the right and the other on the left, with a strict injunction not to discharge a musket. Having advanced within twenty-five or thirty paces, he was hailed by the centinel, whom he immedi ately shot dead, then charged his enemy with fixed bayonets, and obliged the whole to surrender, con sisting of one officer, a Serjeant, a corporal and twen ty-seven men. A circumstance occurred on this occasion, which will mark the strong enthusiastic zeal that British soldiers possess for the cause of their sovereign 5 and will even compel a tear of compassion to drop from the republican patriot. One of the British soldiers alone attempted to resist. ...in the brave effort he received three bayonet thrusts, two before and one behind ; the wounds however were not so mortal as to prevent his en deavoring to accompany his fellow-prisoners, but he had not proceeded more than a quarter of a mile, when he was obliged to stop. Colonel Burr, with his usual humanity, went up to him, and thus- addressed him : " My good fellow proceed a little farther, and we will procure a surgeon to your re lief." The veteran replied, (his last words) " Dear Sir, all the doctors in America can do me no service, for I am a dying man ; but it grieves me sore to 460 THE ADMINISTRATION the heart, to think I have served my king upwards of twenty years, and at length must die with a charged musquet in my hand ; had I discharged my piece I should not have regarded my life, but would have died with satisfaction." Colonel Burr, soon after this affair, was appoint ed to a command at West-Point, where he conti nued until the beginning of 1778, when indispo sition interrupted, for a few months, his military career. The first engagement in w r hich he acted a part, after his recovery, was at the battle of Mon- mouth ; but by an unlucky arrangement of Gene ral Washington, he was placed in a situation where he was exposed to the British artillery, without the capacity either of saving the men under his com mand, or of injuring the enemy. Towards the fall of this year, he accomplished, by a dexterous manoeuvre, the destruction of a block-house in New-Jersey, with a party of only sixty men, although the same was defended by fifty British soldiers. This act ought to be regarded as an exploit of the first magnitude, when it is remem bered that General Wayne, with an army of 2000 men, nearly about the same time, made an unsuc cessful attack upon another block-house, even in ferior in strength. Soon after this period, Colonel Burr, partly from the bad state of his health, and other reasons of an urgent nature, was under the necessity of retiring from the army, to the infinite regret of all who had OF JOHN ADAMS. 461 witnessed his bravery, and knew the extent of his military talents. Colonel Burr, after his retirement, gave his mind entirely to literary pursuits; and in the year 1789, was appointed Attorney-General for the State of New-York, which office he discharged with the greatest zeal and impartiality. In 1791, he was sent to the Senate of Congress. That the reader may form some idea of the sentiments which Co lonel Burr espoused, while a member of that ho norable body, we have subjoined several of the most important bills for which he voted : " That the conducting of the legislative and judicial powers of the Senate in public, and suffer ing an account of their measures and deliberations to be published in the newspapers, is the best means of diffusing general information concerning the principles, motives and conduct of individual members ; and that by withholding this information, responsibility becomes unavailing, the influence of their constituents over one branch of the Legisla ture, in a great measure annihilated, and the best security which experience has devised against the abuse of power and a mal-administration, aban doned." " That it be a standing rule, that the doors of the Senate-Chamber remain open whilst the Senate shall be sitting in a legislative and judicial capaci ty, except on such occasions as in their judgment may require secrecy ; and that this rule shall com- 462 THE ADMINISTRATION mence, and be in force on the first day of the next session of Congress." " The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States, by citizens of another State, or by citizens or subjects of any foreign State." " That the President of the United States be requested to lay before the Senate, the correspond ence which had passed between the Minister of the United States at the Republic of France, and said Republic, and between said Minister and the office of the Secretary of State." " That after the end of the then session of Congress, and as soon as suitable, galleries shall be provided for the Senate-Chamber : the said galle ries shall be permitted to be opened every morning, so long as the Senate shall be engaged in their Le gislative capacity, unless in such cases as may, in the opinion of the Senate, require secrecy ; after which the said galleries shall be closed." (f That every printer of news-papers may send one paper to each and every other printer of news papers within the United States, free of postage, under such regulations as the Post-master r general shall provide." " That from and after the thirtieth day of September, 1794, there be levied, collected and paid upon all sugars which shall be refined within the United States, a duty of two cents per pound." OF JOHN ADAMS. 463 It is impossible to draw a character of Colonel Burr in more applicable and expressive terms than Governor Livingston has done of his father : " Though a person of a slender and delicate make, to encounter fatigue he has a heart of steel ; and for the dispatch of business, the most amazing ta lents joined to a constancy of mind that insure suc cess in spite of every obstacle. As long as an enterprize appears not absolutely impossible, he knows no discouragement, but, in proportion to its difficulty, augments his diligence ; and by an insuperable fortitude, frequently accomplishes what his friends and acquaintance conceive utterly im practicable." The ancestors of Charles Cotesworth Pinckney were for three generations natives of South-Caro lina. His father was Chief Justice of the colony of Carolina, and a member of the king s council. Charles Cotesworth was born in the year 1746 ; he was educated at the University of Oxford, in England, where he gave early proofs of conspicu ous talents. After finishing his classical education, he commenced and prosecuted the study of the law at the temple. He then passed a year at the University of Angers, in France, and made the tour of Europe before his return to his native State. The great length of time he had spent in accom plishing himself as a scholar and lawyer, at the first seminaries, enabled him to commence the practice of law, at the bar of South-Carolina, with considerable eclat. 461 THE ADMINISTRATION At the breaking out of hostilities between Ame rica and Great Britain, he commanded the first vo lunteer uniform corps that was raised in Charleston, and encouraged the embodying of independent companies throughout the State : soon after, he was appointed a Major in the first State regiment, of which General Gadsden was Colonel Com mandant. He was afterwards promoted to the command of the first regiment. After the defeat at Fort Moultrie, in 1776, of the British fleet under Sir Peter Parker, and of the army commanded by Sir Henry Clinton, the project of making an effect ive impression in the south, seemed to have been abandoned, and Colonel Pinckney believing that quarter would not very shortly be the theatre of active war, solicited General Washington s permis sion to leave his regiment, and repair wherever there should be most service to be seen and per formed. He was desired to join the General s family, and acted for some time as his aid-de-camp. As soon as it was known that the British had con- tern plated a second invasion of the Southern States, Colonel Pinckney repaired to his command ; head ed his regiment in the assault on Savannah, and was present at most actions which were fought in Carolina, previous to the fall of Charleston. When Charleston was a second time besieged, General Lincoln, the commanding officer, selected Colonel Pinckney as a fit officer to defend the important pass of Fort Moultrie. The surrender of Charles ton gave him a prisoner to the British, in whose hands he continued until the peace. OF JOHN ADAMS. 465 In 1794, Colonel Pinckney was appointed com mander in chief of the militia of South-Carolina, which station he held until his memorable embassy to France : the particulars of that diplomatic expe dition have been already narrated. As a soldier, General Pinckney deserves every encomium of ap plause ; but as a political character, although he does not possess so much integrity as Hamilton, yet it would be great injustice to place him on the same scale with Mr. Adams, or even the most virtu ous of his adherents. General Pinckney possesses at least some principles of honor, and a share of judo-, ment that will always prevent him from covering his country with infamy and disgrace. CHAPTER XVI. Meeting of Congress. ...President s Speech. ...French Treaty. ...Proceedings of tJie House of Represen tatives... .Anecdotes of Mr. Adams... .Election of tlte President and Vice-President. ...Observations on the Dismission of Pickering and M* Henry.... Conclusion. ON Monday, November the 22d, Mr. Adams met both Houses of Congress in the Senate cham ber, at the capitol, in Washington ; when he de livered the following speech : Nnn 466 THE ADMINISTRATION " Gentlemen of the Senate, and " Gentlemen of the House of Representatives y " Immediately after the adjournment of Con gress at their last session in Philadelphia, I gave di rections, in compliance with the laws, for the re moval of the public offices, records and property.... these directions have been executed, and the pub lic officers have since resided and conducted the ordinary business of the government in this place. " I congratulate the people of the United States on the assembling of Congress at the permanent seat of their government ; and I congratulate you, gentlemen, on the prospect of a residence not to be changed : although there is cause to apprehend that accommodations are not so complete as might be wished, yet there is good reason to believe that this inconvenience will cease w r ith the present ses sion. "It would be unbecoming the representatives of this nation, to assemble for the first time in this so lemn temple, without looking up to the Supreme Ruler of the Universe, and imploring his blessing. " May this territory be the residence of virtue and happiness ! In this city may that piety and vir tue, that wisdom and magnanimity, that constancy and self-government, which adorned the great cha racter whose name it bears, be forever held in ve neration ! Here, and throughout our country, may simple manners, pure morals, and true religion flou rish forever. OF JOHN ADAMS. 467 <c It is with you, gentlemen, to consider whether the local powers over the district of Columbia, vested by the constitution in the Congress of the United States, shall be immediately exercised. If, in your opinion, this important trust ought now to be exercised, you cannot fail, while performing it, to take into view the future probable situation of the territory for the happiness of which you are about to provide. " You will consider it as the capital of a great nation, advancing, with unexampled rapidity, in arts, in commerce, in wealth, and in population ; and possessing within itself those energies and re sources which, if not thrown away, or lamentably misdirected, secure to it a long course of prosperity and self-government. " In compliance with a law of the last session of Congress, the officers and soldiers of the tempo rary army have been discharged. It affords real pleasure to recollect the honorable testimony they gave of the patriotic motives which brought them into the service of their country, by the readiness and regularity with which they returned to the station of private citizens. " It is, in every point of view, of such primary importance to carry the laws into prompt and faith ful execution, and to render that part of the ad ministration of justice, which the constitution and laws devolve on the Federal Courts, as convenient to the people as may consist with their present circumstances, that I cannot omit, once more, to 468 THE ADMINISTRATION recommend to your serious consideration, the ju diciary system of the United States. No subject is more interesting than this to the public happi ness, and to none can those improvements, which may have been suggested by experience, be more beneficially applied. " A treaty of amity and commerce with the king of Prussia has been concluded and ratified. The ratification has been exchanged, and I have directed the treaty to be promulgated by procla mation. ee The difficulties which suspended the execution of the 6th article of our treaty of amity, com merce and navigation with Great Britain, have not yet been removed. The negociation on this subject is still depending. As it must be for the interest and honor of both nations, to adjust this difference with good faith, I indulge confidently the expectation that the sincere endeavors of the government of the United States to bring it to an amicable termination, will not be disappointed. " The Envoys Extraordinary and Ministers Ple nipotentiary from the United States to France, were received by the First Consul with the respect due to their characters ; and three persons, with equal powers, were appointed to treat with them. Al though at the date of the last official intelligence the negociation had not terminated, yet it is to be hoped, that our efforts to effect an accommodation will, at length, meet with a success proportioned OF JOHN ADAMS. 469 to the sincerity with which they have been so often repeated. " While our best endeavors for the preservation of harmony with all nations will continue to be used, the experience of the world, and our own experience, admonish us of the insecurity of trust ing too confidentially to their success. We cannot, without committing a dangerous imprudence, aban don those measures of self-protection, which adopted to our situation, and to which, notwith standing our pacific policy, the violence and in justice of others, may compel us to resort. While our vast extent of sea coast, the commercial and agricultural habits of our people, the great capital they will continue to trust on the ocean, suggest the system of defence, which will be most benefi cial to ourselves, our distance from Europe, and our resources for maritime strength, will enable us to employ it with effect. Seasonable and systema tic arrangements, so far as our resources will jus tify, for a navy adapted to defensive war, and which may in case of necessity be quickly brought into use, seem to be as much recommended by a wise and true (Economy, as by a just regard for our future tranquillity for the safety of our shores, and for the protection of our property committed to the ocean. " The present navy of the United States, called suddenly into existence by a great national exigen cy, has raised us in our own esteem, and by the protection afforded to our commerce, has effected, 470 THE ADMINISTRATION to the extent of our expectations, the object for which it was created. " In connection with a navy ought to be com- templated the fortifications of some of our principal sea-ports and harbors. A variety of considera tions, which will readily suggest themselves, urged an attention to this measure of precaution. To give security to our principal ports, considerable sums have already been expended, but the works remain incomplete. It is for Congress to deter mine whether additional appropriations shall be made, in order to render competent to the intended purposes, the fortifications which have been com menced. " The manufacture of arms within the United States still invites the attention of the national Le gislature. At a considerable expence to the pub lic, this manufactory has been brought to such a state of maturity as, with continued encourage ment, will supercede the necessity of future impor tations from foreign countries. " Gentlemen of the House of Representatives, " I shall direct the estimates of the appropria tions necessary for the ensuing year, together with an account of the public revenue and expenditure to a like period, to be laid before you. " I observe with much satisfaction, that the pro duct of the revenue, during the present year, has been more considerable than during any former equal period. This result affords conclusive evi dence of the great resources of this country, and OF JOHN ADAMS. 471 of the wisdom and efficiency of the measures which have been adopted by Congress for the protection of commerce and preservation of public credit. (t Gentlemen of the Senate, and " Gentlemen of t he House of Representatives, " As one of the grand community of nations, our attention is irresistibly drawn to the important scenes which surround us. If they have exhibited an uncommon portion of calamity, it is the pro vince of humanity to deplore, and wisdom to avoid, the causes which may have produced it. If, turn ing our eyes homeward, we find reason to rejoice at the prospect which presents itself; if we per ceive the interior of our country prosperous, free and happy; if we all enjoy in safety, under the protection of laws emanating only from the gene ral will, the fruits of our own labor, we ought to fortify and cling to those institutions which have been the source of much real felicity, and resist, with unabating perseverance, the progress of those dangerous innovations which may diminish their influence. "To your patriotism, gentlemen, has been con fided the honorable duty of guarding the public in terests ; and, while the past is to your country a sure pledge that it will be faithfully discharged, permit me to assure you, that your labors to promote the general happiness will receive from me the most zealous co-operation. "JOHN ADAMS. "United States, ) " November 22, 1800.") 472 THE ADMINISTRATION The business which principally occupied the attention of Congress this session, was the French treaty, which was signed at Paris the 3d of Septem ber, 1800. As this treaty, next to the British, is the most important which the United States ever con tracted, we have thought proper to subjoin a copy of it: " The first Consul of the French Republic, in the name of the French people, and the President, of the United States of America, equally animated with a desire to put an end to the differences which have arisen between the two States, have respect ively nominated their plenipotentiaries, and invest ed them with full powers to negociate upon these differences and terminate them : that is to say, the first Consul of the French Republic, in the name of the French people, has nominated for plenipoten tiaries of the said Republic, the citizens Joseph Buonaparte, ex-ambassador of the French Republic at Rome, and counsellor of state ; Charles-Pierre Claret-Fleurieu, member of the national institute and of the office of longitude of France, counsellor of state, and president of the section of marine ; and Pierre-Louis Roederer, member of the national insti tute, counsellor of state and president of the interior; and the President of the United States of America, by and with the consent of the Senate of said States, has appointed for their plenipotentiaries, Oliver Elsworth, chief-justice of the United States, Wil liam Richardson Davie, late governor of North-Ca rolina, and William Vans Murray, resident mini ster of the United States at the Hague. OF JOHN ADAMS. 473 " Who, after having exchanged their full pow ers, and patiently and carefully discussed their re spective interests, have agreed to the following arti cles : " I. There shall be a firm, inviolable and universal peace, and true and sincere friendship between the French Republic and the United States of America, as well between their countries, territories, cities and places, as between their citi zens and inhabitants, without exception of persons or places. " II. The ministers plenipotentiary of the two parties, not being empowered at present to agree relative to the treaty of alliance of the 6th of Feb ruary, 1778, to the treaty of friendship and com merce of the same date, and to the convention of the 14th of November, nor to the indemnities mu tually due and claimed, the parties shall furtheo: negociate upon these points at a convenient time ; and until they shall be agreed upon these points, the said treaties and convention shall have no effect, and the relations of the two nations shall be regu lated as follows : Cf III. The ships belonging to the State, taken on either side, or which may be taken before the exchange of ratifications, shall be given up. " IV. The properties captured and not yet de finitively condemned, or which may be captured before the exchange of ratifications, except con traband merchandize destined for an enemy s port, Ooo -174 THE ADMINISTRATION shall be mutually restored upon the following proofs of property, viz. " On the one part and on the other, the proofs of property, relative to merchant vessels, armed or un armed, shall be a passport in the following form : " To all those to whom these presents shall come, be it known, that power and permission has been given to , master or commander of the vessel, called the , of the city of , of the burthen of tons, or thereabouts, now lying in the port or harbor of , and destined for , iaden with , that after his ship has been visited, and before his departure, he shall make oath before officers authorised for that purpose, that the said ship belongs to one or more citizens of ; the execution of which form shall be annexed to these presents, in order that he may observe and cause to be observed by his crew the maritime ordinances and regulations, and give in a list, signed and attest ed, containing the names and surnames, places of birth and abode, of the persons composing the crew of his ship, and of all on board her, whom he shall not receive on board without the know ledge and permission of the officers authorised for that purpose ; and in every port and harbor where he shall enter with his ship, he shall shew the pre sent permission to the proper officers, and make to them a faithful report of all that has passed du ring his said voyage, and carry the colors, arms, and flags of the French Republic, or the United States, during his said voyage. In testimony of OF JOHN ADAMS. 475 wh ich we have signed these presents, caused them to be countersigned by , and thereunto put the seal of our arms. " Given at , in the year of our Lord, ." " And this passport shall be sufficient without any other document, notwithstanding any other regulation to the contrary. " It shall not be necessary to renew or revoke this passport, whatever number of voyages the said ship hhall have made, unless they shall not have returned home within the space of a year. "With respect to the cargo, the proofs shall be certificates, containing an account what place the ship has left, and where it is going to, so that pro hibited and contraband merchandize may be dis tinguished by certificates, which certificates shall have been made by the officers of the place from whence the ship shall have set out, agreeable to the accustomed forms of the country. And if these passports or certificates, or both, shall have been destroyed by accident, or taken away by force, the want of them shall be supplied by every other proof of property, admissible according to the general usage of nations. " For other ships, besides merchant ships, the proof shall be the commissions they bear. This article shall take effect from the date of the signa ture of the present convention ; and if by the date of the said signature, property shall have been con demned contrary to the spirit of the said conven tion, and previous to tfye knowledge of this stipu- 476 THE ADMINISTRATION lation, the property so condemned shall be restored or paid for. " V. The debts contracted by either of the two nations towards the individuals of each, shall be acquitted, or the payment shall be in course, as if there had been no misunderstanding between the two States. ...but this clause shall not extend to in demnities claimed for captures or condemnations. (( VI. The trade between the two parties shall be free. ...the ships of the two nations, and the pri vateers as well as their prizes, shall be treated in their respective ports as the most favored nation, and in general the two parties shall enjoy in each other s, with respect to commerce and navigation, the same privileges as the most favored nations. "VII. The citizens and inhabitants of the Uni ted States may dispose by will, donations, or other wise, of their goods, moveable or immoveable pro perty, possessed in the European territory of the French Republic. ...and the citizens of the French Republic shall have the same power with regard to the goods, moveable and immoveable property, possessed in the territory of the United States, in favor of such persons as they shall think proper. The citizens and inhabitants of one of the two States, who shall be heirs of the goods, moveable and immoveable property, situate in the other, may succded ab intesfat, without there being any ne cessity for letters of neutrality, and without the effect of this stipulation being contested or im peached, under any pretence whatever.. ..and the F JOHN ADAMS. 477 said heirs, whether by private right or ab intestat, shall be exempt from all right whatever of any one, in either of the two nations. It is agreed, that this article shall not derogate in any manner from the laws which are now in force, in either of the two nations, or which may be promulgated hereafter, against emigration. And also, that in case the laws of the two States shall limit to foreigners the ex ercise of the right of imrnoveable property, such immoveable property may be sold, or otherwise disposed in favor of the inhabitants or citizens of the country where they shall be situate ; and it shall be open to the other nation to establish similar laws. " VIII. To favor the commerce of both na tions, it is agreed, that if war (which God forbid) should breakout between the two nations, the mer chants and other citizens, or respective inhabitants, shall be allowed on both sides six months after the declaration of war, during which period they shall have time to retire with their effects and moveables, which they may carry away or sell, as they think proper, without the least impeachment ; their ef fects, and still less their persons, shall not, during the period of six months, be seized. On the con trary, they shall have passports which shall be valid for the time necessary to enable them to return home, and those passports shall be given for them selves, as well as for their ships and effects which they shall desire to take or send away. These pass ports shall serve as a protection against all insults 478 THE ADMINISTRATION and all captures on the part of privateers, as well with regard to themselves as their effects ; and if within the term above-mentioned, there shall have been committed by one of the parties, its citizens or inhabitants, any wrong towards their person or their property, they shall have complete satisfaction. c IX. The debts due by individuals of one of the two nations, to the individuals of the other, shall not, in case of war or national dispute, be se questered or confiscated, no more than the claims or funds which shall be found in the public funds, or in the public or private banks. f( X. The two contracting parties may nomi nate for the protection of trade, commercial agents, who shall reside in France and in the United States- Each of the parties may except such place as he shall judge proper, where the residence shall be fixed. Before any agent can exercise his functions, he must be accepted according to the received forms of the party to which he is sent, and when he shall be received and provided with his cxequator, he shall enjoy the rights and prerogatives which are en joyed by similar agents of the most favored nations. "XI. The citizens of the French Republic shall not pay, in any ports, harbors, roads, coun tries, islands, cities, and places of the United States, other or greater duties or imposts, of whatever na ture soever they may be, and whatever names they may have, than those which the most favored na tions are or shall be bound to pay ; and they shall enjoy all liberties, rights, privileges, immunities and OF JOHN ADAMS. 479 exemptions, relating to trade, navigation and com merce, whether in passing from one port of the said States to another, or whether in going there or re turning from some part to another part of the world, that the said nations enjoy, or shall enjoy, and reci procally the citizens of the United States shall enjoy in the territory of the French Republic, in Europe, the same privileges and immunities, as well for their goods as their persons, as for what concerns trade, navigation and commerce. " XII. The citizens of the two nations may conduct their vessels and their merchandizes, (al ways excepting such as are contraband) from any port to another belonging to the enemy of the other nation. They may navigate, with full liberty and security, with their ships and merchandizes, in the countries, ports and places of the enemies of the two parties, or of the one or the other party, with out obstacles or interruption, and not only pass di rectly from the places and ports of the enemy above- mentioned to neutral ports and places, but from every place belonging to an enemy, whether it be or be not subject to the same jurisdiction, unless those places or ports shall be really blockaded, besieged or invested. " And in case, as it often happens, when vessels shall be sailing for places or ports belonging to an enemy, ignorant that they are blockaded, besieged or invested, it is agreed that every ship which shall be found under such a predicament, shall be turn ed from that place or port without any part of his 480 THE ADMINISTRATION cargo being retained or confiscated, (unless it shall be contraband, or it shall be proved that the said ship, after having been informed of the blockade or investiture, attempted to enter the same port) but it shall be allowed to go to any other port or place it shall think proper. No ship of either na tion, entered into a port or place before it shall have been really blockaded, besieged or invested by the other, shall be prevented from going out with its cargo ; if it shall be there when the said place shall surrender, the ship shall not be confiscated, but sent away to the proprietors. " XIII. To regulate what shall be understood by contraband warlike stores, under this denomina tion shall be comprised powder, saltpetre, petards, matches, balls, bullets, bombs, grenades, carcasses, pikes, halberts, swords, belts, pistols, scabbards, saddles, cannons, mortars, with their carriages, and generally all arms and ammunition ofwar and uten sils for the use of troops. All the above articles, whenever they shall be destined for an enemy s port, are declared contraband, and justly subject to con fiscation ; but the ship in which they shall be laden, as well as the rest of the cargo, shall be considered as free, and shall in no manner be vitiated by the contraband merchandize, whether they belong to the same or different proprietors. " XIV. It is stipulated by the present treaty, that the free ships shall equally insure the liberty of merchandize, and that all things shall be deemed free which are found on board ships belonging to OF JOHN ADAMS. 481 the citizens of one of the contracting parties, even though the same, or part of it, shall belong to the enemies of one of the two ; provided, nevertheless, that contraband goods are always excepted. It is likewise agreed, that this same liberty shall extend to persons who may be on board the free ships, though they should be enemies of the two con tracting parties, and they shall not be taken from the said free ships unless they are in a military ca pacity, and actually in the service of the enemy. " XV. It is on the contrary agreed, that all pro perty which shall be put, by the respective citizens, on board ships belonging to an enemy of either party, or their subjects, shall be confiscated without distinction of merchandize, prohibited or not pro hibited, so and in like manner as if it belonged to an enemy, with the exception always of property and effects which shall have been put on board the said ships before the declaration of war, or even after the said declaration, if at the time of lading the party were ignorant of it ; so that the merchan dizes of citizens of the two parties, whether they be in the number of contraband or not, which, as has been already said, shall have been put on board a ship belonging to an enemy before the war, or even after the said declaration of war, in ignorance of it, shall not be in any manner subject to confis cation, but shall be faithfully and truly given up without delay, to the owners claiming them : provi ded, nevertheless, that they shall not be permitted to carry into the enemies ports, merchandize which PPP 482 THE ADMINISTRATION shall be contraband. The two contracting powero agree, that after a term of two months has passed from the declaration, their respective citizens, in whatever part of the world they maybe, shall be at liberty to plead the ignorance mentioned in this article. " XVI. Merchant vessels belonging to citizens of either of the contracting powers, when they shall have a mind to pass to the port of an enemy of the one or the other, and that their voyage as well as the nature of their cargo shall afford just cause of suspicion, the said ship shall be obliged to exhibit at high sea, as well as in ports and roads, not only their passports, but further their certificates, prov ing that these goods are not of the class of contra band specified in the 13th article of the present con vention. <e XVII. And in order to prevent captures on frivolous suspicions, and the damage thence result ing, it is agreed that when one of the two powers shall be at war, and the other neutral, the vessels of the neutral party shall be provided with pass ports similar to those specified in the 14th article, so that it may thence appear that the parties be long to a neutral power. These passports shall be valid for any number of voyages whatever ; but they shall be renewed every year, if the ship re turns-home within the space of a year. If these ships are laden, they shall be provided not only with the passports above-mentioned, but also with cer- tificates of the description of those mentioned in the OF JOHN ADAMS. 483 same article, that it may be known whether they have on board any contraband goods. No other papers shall be required, all usage and regulations to the contrary notwithstanding : and if it should appear from these certificates, that there is not con traband merchandize on board, the said ships shall be left to pursue their destination. If, on the con trary, it should appear from these certificates, that the said ships have contraband merchandize on board, and the commander offers to deliver them up, the offer shall be accepted, and the ship left at liberty to prosecute her voyage, unless the quantity of contraband goods should be too great to admit of being taken on board of the ship of war or cruizers ; in this case, the ships shall be carried into port for the purpose of delivering the said goods. " Should a ship be found with the passports or the certificates above required, the business shall be examined by competent judges or tribunals ; and if it should appear from other documents or proofs admissible by the laws of nations, that the ship be longs to citizens of the neutral power, it shall not be condemned, and it shall be set at liberty with its cargo, (contraband goods excepted) and shall have leave to prosecute its voyage. "" Should the captain named in the passport happen to die or be removed, and another shall have been appointed in his place, the ship and cargo shall be nevertheless secure, and the passport shall re main in full force. 484 THE ADMINISTRATION " XVIII. If the vessels belonging to citizens of the one nation or the other shall be met along the coast, or on the high seas, by any ship of war or cruizer belonging to the other, to prevent all disor der, the said ships or cruizers shall keep beyond the reach of cannon shot, and shall send their boat on board the merchant vessel so met with. They shall not be allowed to send on board more than two or three men to demand from the master or captain of the ship the exhibition of his passport concerning the property of said ship, executed agreeable to the form prescribed in the 14th article, as also the cer tificates above-mentioned, relative to the cargo. It is expressly agreed, that the neutral captain shall not be obliged to go on board the visiting ship for the purpose of there shewing the papers demanded, or for any other information whatever. "XIX. Itis expressly agreed by the parties, that the above stipulations relative to the conduct to be observed at sea, by the cruizers of the belligerent par ty towards the vessels of the neutral party, shall apply only to ships sailing without convoy. ...and incases when the said ships shall be convoyed, the inten tion of the parties being to observe all the respect due to the protection of the flag hoisted on board the ships of the State, no visit shall be made. But the verbal declaration of the commander of the escort, that the ships under his convoy belong to the nation whose flag he carries, and they have not any thing contraband on board, shall be taken by the respective cruizers as amply sufficient. The OF JOHN ADAMS. two parties bind themselves reciprocally, not to ad mit under protection of their convoys, any vessels carrying contraband merchandize destined for an enemy. " XX. In case when the ships shall be taken or stopped, underalledgedgroundsoftheircarryingany contraband articles to the enemy, the captors shall give a receipt of the ship s papers which he shall detain, which receipt shall be subjoined to a decla ratory list of the said papers. He shall not be per mitted to force open the hatches, costers, chests, drawers, bales, &c. found on board ships, nor to carry off the smallest article of the effects, before the cargo has been disembarked, in presence of 1 he officers competent to make an inventory of the said effects. They cannot in any manner be sold, exchanged, or alienated, unless, after a legal pro cess, the competent judge or judges have passed upon the said effects, a sentence of confiscation, (excepting always the ship and the other objects that it contains.) " XXI. In order that the vessel and the car go may be watched with care, and in order to pre vent mistakes, it is decreed, the master, captain, or supercargo of the captured ship cannot be taken from on board, either while the ship is at sea, after being taken, during the proceedings against it 5 its cargo, or any thing relative to it. " In case of the ship belonging to either party being taken, seized and retained for judgment, its officers, passengers, and crews shall be treated 486 THE ADMINISTRATION with humanity.. ..they- cannot be imprisoned, nor deprived of their clothes nor pocket money, not ex ceeding for the captain, supercargo, and second, five hundred dollars each, and for the sailors and passengers, one hundred dollars each. " XXII. It is moreover agreed on, that in every case the tribunals appointed in prize causes in the countries whither the prizes shall be taken, shall alone l>e competent to try them; and every judg ment which the tribunal of either party pronounces against a ship, or merchandize or property, reclaim ed by the citizens of the other party, the sentence or decree shall make mention of the reasons or motives which have determined this judgment, of which an authentic copy, as well as of all the pro ceedings relative to it, shall, on their requisition, be delivered without delay to the captain or agent of the said ship, after paying the expences. C XXIII. And finally, in order more effectu ally to provide for the respective security of the ci tizens of the two contracting parties, and to pre vent the injuries to be feared from ships of war, or privateers of either party, all the commanders of ships of war or privateers, and all the citizens of both parties, shall refrain from all violence against one another, and from every personal insult. If they act in a contrary manner, they shall be punished, and bound over in their persons and properties to give satisfaction and reparation for the damage, with interest, of whatever kind the said damage maybe. OF JOHN ADAMS. 487 " To this effect all the captains of privateers, before receiving their commissions, shall become bound before a competent judge, to give security by two responsible citizens at least, who shall have no interest in the said privateer, and whom each, as well as the captain, shall engage individually for the sum of 7000 dollars, or 36,820 francs ; if the said vessels carry more than 150 sailors or soldiers, for the sum of 15000 dollars, 73,670 francs, which shall serve to repair the damage that the said priva- teers,their officers or crews,or any of them, shall have committed during their cruize contrary to the dis position of the present convention, or to the laws and instructions which ought to be the rule of their con duct ; besides this, the said commission shall be re voked and annulled in every case where an ag gression has been committed. " XXIV. When the ships of war of the two contracting parties, or those which their citizens shall have armed, shall be admitted with their pri zes into the ports of either of the two parties,, the said public or private vessels, as well as their pri zes, shall not be obliged to pay any duties, either to the officers of the place, or to the judges, or to any others. The said prizes entering in the har bors or ports of one of the two parties, shall not be arrested or seized, and the officers of the place shall not take cognizance of the validity of the said prizes, which are to be suffered to go out, and be con ducted with full freedom and liberty to their ports, by the commissions which the captains of the said 488 THE ADMINISTRATION vessels shall be obliged to shew. It is always under stood, that the stipulations of this article shall not extend beyond the privilege of the, most favored nation. " XXV. All foreign privateers having commis sions from a State or Prince, at war with the one or the other nation, cannot arm their vessels in the ports of either nation, or dispose of the prizes there, or in any manner exchange them. They shall not be allowed to buy provisions further than the necessary quantity to gain the nearest port of the State or Prince from whom they shall have received their commissions. " XXVI. It is further agreed, that neither of the two contracting parties shall receive pirates in its ports, roads or cities, and shall not permit any of its inhabitants to receive, protect, support or conceal them in any manner, but shall deliver up to due punishment such of its inhabitants as shall be guilty of the like acts or crimes ; the ships of thos pirates, as well as their effects and merchan dize, shall be seized, wherever they shall be disco vered, and restored to their proprietors, agents or factors, duly authorized by them, after having prov ed their right before judges competent to decide respecting the property. " If the said effects have passed by sale into other hands and the purchasers were or might be informed, or have suspected that the said effects were carried away by pirates, they shall be equally restored. OF JOHN ADAMS. 489 "XXVII. Neither of the two nations shall in terfere in the fisheries of the other upon its coasts, or disturb it in the exercise of the rights which it now has or may acquire on the coasts of Newfound land, in the Gulph of St. Lawrence, or elsewhere on the coast of America, or in the North of the United States ; but the whale and seal fishery shall be free for the two nations in all parts of the world. " The convention shall be ratified on both sides in due form, and the ratification exchanged in the space of six months, or sooner if it be possible. In faith whereof, the respective plenipotentiaries have signed the above articles, as well in the French as in the English language, and have placed their seals, declaring, nevertheless, that the signature in two languages shall not be cited as an example, and shall not prejudice either of the two parties. " Done at Paris the 8th day of Vendemaire, the 9th year of the French Republic, and the 3d day of September, 1800. (Signed) "JOSEPH BUONAPARTE, " C. P. FLURIEU, " RCEDERER, " OLIVER ELS WORTH, " W. R. DA VIE, " W. V. MURRAY. " An exact copy, "C. M. TALLEYRAND * The above treaty was canvassed in the Senate on the 8th of January, and agreed to, excepting the 2d and 3d articles, which were rejected. The 490 THE ADMINISTRATION rejection of these articles on the part of America, was both imprudent and impolitic ; for by the re jection of the 2d article, the very intention and design upon which negociation was commenced, was both opposed and defeated. Indemnities were not only virtually relinquished, but the proposal for appointing a convenient time to negociate upon them, was rejected. The rejection of the 3d ar ticle necessarily followed that of the former, and this article seems to have been the true pretext for rejecting the preceding.. ..but the obvious inten tion, in rejecting these articles, can only be traced to one source : the motives which actuated the desire {or a war, actuated also the opposition to negoci ation ; for the same men who opposed the mission to France, opposed also the adjustment of differ ences upon principles of equity, Mr. Bingham proposed the 19th article to be struck out, but his motion was negatived by a majority of 15. The mode of proceeding in the election of Pre sident, in the event of the President and Vice- President s votes being equal, was brought before the House of Representatives, on the 9th of Fe bruary. Messrs. Rutledge, Nicholas, Gris wold, Ma- con, Bayard, Taliaferro, Foster, Claiborne, Otis, Davis, Morris, Champlin, Baer, Cooper, Linn and Woods, who were appointed the committee to arrange this business, presented the following re solutions, which were accepted of: " 1st. In the ^vent of its appearing, upon the counting and ascertaining of the votes given for OF JOHN ADAMS. 491 President and Vice-President, according to the mode prescribed by the constitution, that no person has a constitutional majority, and the same shall have been duly declared and entered on the jour nals of this house, the Speaker, accompanied by the members of the house, shall return to their chamber. " 2d. Seats shall be provided in this house for the President and members of the Senate ; and no tification of the same shall be made to the Senate. " 3d. The house on their return from the Se nate chamber, it being ascertained that the consti tutional number of States are present, shall imme diately proceed to choose one of the persons from whom the choice is to be made for President ; and in case upon the first ballot there shall not appear to be a majority of the States in favor of one of them, the house shall continue to ballot for a President, without interruption by other business, until it shall appear that a President is duly chosen. " 4th. After commencing the balloting for President, the house shall not adjourn until a choice be made. "5th. The doors of the house shall be closed during the balloting, except against the officers of the house. "6th. In balloting, the following mode shall be observed, to wit : The Representatives of the respective States shall be so seated, that the delegation of each State shall be together. The Representatives of each State shall, in the first in stance., ballot among themselves, in order to as- 492 THE ADMINISTRATION certain the vote of that State ; and it shall be allow ed, where deemed necessary by the delegation, to name one or more persons of the Representation, to be tellers of the ballots. After the vote of each State is ascertained, duplicates thereof shall be made ; and in case the vote of the State be for one person, then the name of that person shall be writ ten on each of the duplicates ; and in case the bal lots of the State be equally divided, then the word " divided" shall be written on each duplicate, and the said duplicates shall be deposited in manner hereafter prescribed, in boxes to be provided. That for the conveniently taking the ballots of the several representatives of the respective States, there be sixteen ballot boxes provided for the purpose of receiving the votes of the States. ...after the delega tion of each State shall have ascertained the vote of the State, the Serjeant at arms shall carry to the re spective delegations the two ballot boxes, and the delegation of each State, in the presence and subject to the examination of all the members of the dele gation, shall then deposit a duplicate of the vote of the State in each ballot box ; and where there is more than one representative of a State, the dupli cates shall not both be deposited by the same per son. When the votes of the States are all thus ta ken in, the serjeant at arms shall carry one of the general ballot boxes to one table, and the others to a second and separate table. Sixteen members shall be appointed as tellers of the ballots ; one of whom shall be taken from each State, and be nomi- OF JOHN ADAMS. 493 nated by the delegation of the State from which he was taken. The said tellers shall be divided into two equal sets according to such agreement as shall be made among themselves ; and one of the said sets of tellers shall proceed to count the votes in one of the said boxes ; and the other set the votes in the other box. ...and in the event of no appointment of tellers by any delegation, the Speaker shall in such case appoint. When the votes of the States are count ed by the respective sets of tellers, the result shall be reported to the house ; and if the reports agree, the same shall be accepted as the true votes of the States; but if the reports disagree, the States shall immediately proceed to a new ballot in manner aforesaid. "7th. If either of the persons voted for shall have a majority of the votes ot all the States, the Speaker shall declare the same ; and official notice thereof shall be immediately given to the President of the United States and to the Senate. " 8th. All questions which shall arise after the balloting* commences, and which shall require the decision of the house, shall be decided without debate." On Wednesday the llth of February, accord ing to the rules of proceeding established by the house, they proceeded to the Senate Chamber, where (Mr. Nicholas and Mr. Rutledge, the tellers on the part of the house, and Mr. Wells on the part of the Senate) the votes were counted and the result declared by the Vice- President to be, 494 THE ADMINISTRATION For Thomas Jefferson, 73 Aaron Burr, 73 John Adams, 65 C. C. Pinckney, 64 John Jay, 1 The following table represents the return of votes from the different States : Return of Votes for President and Vice-Presi dent of the United States. Jefferson. Burr. Adams. Pinck. No. Votes. N. Hampshire, 6 6 6 Vermont, O 4 4 4 Massachusetts, 16 16 16 Rhode- Island, 4 3 4 Connecticut, 9 9 9 New-York, 12 12 12 New- Jersey, 7 7 7 Pennsylvania, 8 8 7 7 15 Delaware, O 3 3 3 Maryland, 5 5 5 5 10 Virginia, 2 1 21 O 21 N. Carolina, 8 8 4 4 12 S. Carolina, 8 8 O 8 Georgia, 4 4 O 4 Tennessee, 3 3 O 3 Kentucky, 4 4 4 Total, 73 73 65 64 Rhode-Island was the State which gave the single vote for Mr. Jay. OF JOHN ADAMS. 495 The tellers declared there was some informality in the votes of Georgia, but believing them to be true votes, reported them as such. The Vice-President then, in pursuance of the duty enjoined upon him, declared, that Thomas Jefferson and Aaron Burr, being equal in the num ber of votes, it remained for the House of Represen tatives to determine the choice. The two houses then separated, and the House of Representatives returned to their chamber, where seats had been previously prepared for the mem bers of the Senate. ...a call of the members of the house, arranged according to States, was then made ; upon which it appeared that every member was present, except General Sumpter, who was unwell and unable to attend. ...Mr. Nicholson, of Maryland, was also unwell, but attended, and had a bed pre pared for him in one of the committee rooms, to which place the ballot box was carried to him, by the tellers appointed on the part of the State. The first ballot was eight States for Mr. Jefferson, six for Mr. Burr, and two divided ; which result con tinued to be the same after balloting thirty-five times. The thirty-sixth ballot determined the question ; and rescued America from the hands of an admin- istration, whose crimes will be long felt and ever remembered. This important decision took place at twelve o clock on the 17th of February.. ..there appeared for Mr. Jefferson ten States, for Mr. Burr fou States, and the remaining two were blank ballots 496 THE ADMINISTRATION The States which voted for Mr. Jefferson were, Georgia, North-Carolina, Tennessee, Kentucky, Vir ginia, Maryland, Pennsylvania, New-Jersey, New- York and Vermont. The States for Mr. Burr were, New-Hampshire, Massachusetts, Connecticut, and Rhode-Island. The blank States were Delaware and South-Carolina. Such was the result of the most important elec tion which America had yet witnessed. The con duct of the federalists on this occasion, must be con sidered by impartial men of every party, to have been the most disgraceful that could have been adopted ; for when disappointed by the voice of the people of having Mr. Adams returned as President, they used every possible means to throw their coun try into confusion. ...to effect which, they voted for Mr. Burr, in hopes that by this measure neither he or Mr. Jefferson would be elected, and that con sequently the constitution would be dissolved. That Mr. Burr had neither any intention or desire to be elected President, is evident from the following extract of a letter to General Smith. ...the sentiments of which do Mr. Burr the greatest credit : " It is highly improbable that I shall have an equal number of votes with Mr. Jefferson : but if such should be the result, every man who knows me, ought to know, that I would utterly disclaim all competition. Be assured that the federal party can entertain no wish for such an exchange. " As to my friends, they would dishonor my views and insult my feelings by a suspicion that I OF JOHN ADAMS. 497 would submit to be instrumental in counteracting the wishes and expectations of the United States : and I now constitute you my proxy to declare these sentiments if the occasion shall require.* In approaching towards the close of federalism, the number of facts which display the profligacy and corruption of the late administration, are so many, that I have felt at a loss how to select or how to conclude the few remaining pages of this volume, in which I intended to have comprised the principal transactions that characterised the reign of Mr. Adams. Had they been of a favorable na ture either to virtue or humanity, I certainly would have deemed it incumbent upon me rather to have sported with the patience of the reader, by extend ing the limits of the work, than to have omitted them ; but viewing only an ocean of folly and vice, or, if I may be allowed the expression, a pandimo- nian ot political baseness and intrigue, the sooner I withdraw from the painful scene, I trust will be more acceptable both to the liberal patriot and the less candid monarchist. Committing the fires at Washington to the charge of some future historian, who may have it more in his power to expose to the public eye those Cataline conflagrations, I shall only glance at such circumstances as appear most important in the public and private history of Mr. Adams. The dismissal of Timothy Pickering and James M Henrv, the former from the office of Secretary of State, and the latter from that of Secretarv of Rrr 49$ THE ADMINISTRATION War, with the appointment of General Marshall and Samuel Dexter to their places, have been ge nerally supposed, and not without reason, to have proceeded from the political schism which took place at Trenton ; but the original quarrel between Mr. Adams and Mr. Pickering, I have been lately informed, from the best authority, was of a longer standing. It arose upon the nomination of Mr. Johnson to the stamp-office.. ..Johnson was a tory> and adhered to or fled with the British after our revolution, and resided in England until within the last three ydars, where John Quincy Adams mar ried a daughter of Mr. Johnson. Upon the nomi nation of this gentleman, Mr. Pickering had the honesty to offer his opinion against him. Mr. Adams has had the credit of proposing to make the President s office hereditary in the fami ly of Lund Washington, the General having no heirs. This fact, however, is not ascertained as to period or place, and it appears either contradictory or a mark of additional instability of character, when considered with another fact satisfactorily authen ticated. At the manufactory of Seve near Paris, there is made the finest porcelain in the world.... the directors of that work, soon after the peace of 1783, had executed a miniature of General Wash ington, and another of Dr. Franklin, executed in porcelain, and beautifully ornamented. Over the bust of General Washington the courtly fancy of the artist had placed a regal crown, over that of the Doctor, a cap of liberty. These miniatures OF JOHN ADAMS. 499 were exhibited for some time in the chamber of Congress, and there Mr. Adams, with a pen-knife-, mutilated the crown placed over the General s head. The Doctor s miniature escaped the hand of the Goth, by the accidental interposition of a member of Congress. The porcelain miniature of the Ge neral exists still in its mutilated state, and it is be lieved in the possession of Mrs. Washington. The enmity which Mr. Adams exhibited against the memory of Dr. Franklin is also strongly mark^ ed by the persecutions of Mr. Bache, the grandson of Dr. Franklin. Upon the appointment of John Quincy Adams to the several embassies in Europe, there appeared in the news-papers, published by Mr. Bache, some strictures on the Jicpotism which Mr. Adams pursued in creating offices for his rela tions. A letter was addressed to Mr. Bache, call ing on him, as the school fellow of young John, to refrain from such strictures. The letter was in a female hand, and a gentleman who was acquainted with the hand writing of Mrs. Adams, asserted it to be from her pen, Mr. Bache not choosing to comply with the request of a woman, when the interest of his country was at stake, suffered after wards the most rigorous treatment from the whole family of our late President. Parental affection may, in the breast of some, excuse Mr. Adams for employing his son in a sphere where he might acquire political knowledge 9 but it ought not to be forgotten, that it was at the public expence. 500 THE ADMINISTRATION Some idea of the unnecessary expences that were incurred during the- administration of Mr. Adams may be formed from the following account of contingencies during the year 1800: t; ^ : entkmen of the Senate, and " Gentlemen of the House of Representatives, " I now transmit to both Houses of Congress, in conformity to law, my annual account of the ap plication of grants for the contingent charges of government. for the year one thousand eight hun dred. " JOHN ADAMS. " United States, "January 16, 1801." Dols. "January 21 , l800....To warrant No. 497, in favor of William Smith Shaw, for his expences on a mission from Philadel phia to Mount Vernon, on public bu siness, 50 "December 31. ...To balance unexpended on this day, and subject to the orders of the President of the United States, 19,950 20,000 "December 31, 1799. ...By grant of twen ty thousand dollars, made by " An act making appropriations for the support of government, for the year 1799," pass- OF JOHN ADAMS. Dots. ed on the 2d March, 1799, and which remained subject to the orders of the President of the United States, at the close of that year, according to a state ment rendered under date of January, 17, 1800, 20,000 "Treasury Department, Register s office, January, 14, 1800. : JOSEPH NOURSE, Register. 1 " TREASURY DEPARTMENT. " December 30, 1800. "I hereby certify, that I have examined and adjusted an account between the United States arid Oliver Wolcott, Secretary of the Treasury, and find the sum of Five Hundred and Ten Dollars and eighty-four cents, is due from the United States un to Edward Jones, his assignee ; being the amount of expences incurred by him on his removal from Philadelphia to the City of Washington, as appears from the statement and vouchers herewith -transmit ted for the decision of the Comptroller of the Treas ury thereon. Dolls. 510 84. " R. HARRISON, Auditor. " To John Steele, Esq. Comptroller." " COMPTROLLER S OFFICE. <c I admit and certify the above balance this thirtieth day of December, 1800. "JOHN STEELE, Comptroller. " To Joseph Nourse, Esq. Register." 502 THE ADMINISTRATION " Account of expences incurred by Oliver Wol- cott, in consequence of the removal of the govern ment, from Philadelphia to the City of Washing ton : Dols. Cts. " For chests and cases, and expences of packing furniture, 152 45 " Porterage and other small expences, 31 97 <c House-rent in Philadelphia, 66 66 cc Freight of baggage and furniture, 43 92 " Loss on the sale, of sundry articles of furniture, (at least) 5O 00 " Extra-expences at Philadelphia, and in travelling, and at the City of Washing ton, 165 84 510 84 " December 29, 1800. " I authorise Edward Jones, Esq. to receive payment of the above account (of this statement) for my use. OLIVER WOLCOTT. " N. B. Part of my furniture remains at Phila delphia, the storage and removal of which will oc casion further expence, which in my opinion, ought to be borne by the United States, and will accord ingly be claimed by me when the amount of said expence is ascertained. OLIVER WOLCOTT. 1 OF JOHN A^AMS. 503 The silly credulity with which Mr. Adams is possessed, cannot be better exemplified than by the following story : In the summer of 1799, a person waited on Mr. Boudinot, director of the mint, and after soliciting a private interview, produced several ingots of me tal, of a dusky white color, and left them with Mr. Boudinot, desiring that they might be assayed, and he would call again to learn the result, and make a very important discovery. The ingots were found to be one half of them of pure tin, the re maining half pure silver. The person on calling, informed Mr. Boudinot, that he had been so fortu nate as to discover a chemical process, by which tin was converted into silver, and that the silver ingots which he had left, were so produced. He suggested to Mr. Boudinot the advantages which the country would derive by having all its silver bullion created at home, and that by a proper use of the secret, the mint might command the uni verse.. ..that it was a dangerous thing for him to possess it, but that he was willing to engage with the mint, to produce a given quantity exclusivelv for the mint. Mr. Boudinot was in raptures, and solicited the chemist to call upon him the next day. The director of the American mint waited directly on the President Adams, and to him communi cated the secret. The whole of the conversation on this momentous discovery we cannot detail, but it appears that Mr. Adams was equally im pressed with the importance and value of the &e- 564 THE ADMINISTRATION cret, and expressed very serious apprehensions, that if the secret were not confined to himself, the director of the mint and the alchemist, the power which it might give, would not only endanger the government, but by the capacity which it gave of encreasing the quantity of bullion, produce the same consequences as the discovery of the Ameri can mines had on the Spanish monarchy. The im portance of preserving the secret, inviolate and ex clusively to themselves, was forcibly impressed, and the negociation for securing it entrusted to the sagacity and discretion of the director. On the next day the alchemist produced some more ingots, but alarnjs of the yellow-fever were then general, and he pointed out the necessity of removing the furnaces, and erecting them at some safe distance from the city. A situation on the Del aware, in New- Jersey, was named, and after some preliminaries as to the necessity of secrecy, of which the chemist appeared to be equally earnest with the director, there remained nothing more to be done than to remove the apparatus and procure the re quisite quantity of the raw material. For these purposes several hundred hard dollars , of the vul gar silver of South America, were advanced ; and the chemist, to prevent any suspicions in the rninds of those who might chance to see the in gots, took the tin ingots with a view to convert them into silver, and the silver ingots to pack up with the quantity that was to form the first de livery for public use. OF JOHN ADAMS. 505 The director left town aJong with others who were apprehensive of the contagion, and the che mist departed likewise. Upon the return of Mr. Boudinot to Philadelphia, he made enquiries for his friend the chemist, but unhappily without success ; upon communicating this information to the Presi dent, he drily observed, the man must have died of the yellow-fever, and perhaps fortunately for the world. But it appears that Mr. Boudinot dis covered that the man did escape the disease, but by some cause he had lost the secret so completely as not to be able to return the money advanced to carry on the process which was to have given Mr. Adams the command of the universe. Extravagance and folly characterised the last as well as the first measures of Mr. Adams. The benches of justice were rilled with men who fought against American Independence, and those who have been since most active to destroy it. Mr. Adams determined and declared that he would nominate to the last hour of his presidential exis tence, and was not sparing of a species of insult and indecency to his successor which no man of common sense and civility could be guilty of. There were several Senators nominated for Judges under a law created by themselves, though the sixth section of the constitution declared, that " No Senator or Representative shall, during the time for which he was elected, be appointed to any civil office, under the authority of the United States, which shall have been created, or the emo- Sss 506 THE ADMINISTRATION, &V luments whereof shall have encreased during such time." Yet Jacob Reed of South-Carolina, Paine of Vermont, Green of Rhode-Island, were nomi nated by Mr. Adams to the offices for the creation of which they voted. The manner in which Mr. Adams departed from Washington after his power ceased, has even received the censure of his warmest friends : in place of remaining to witness the inauguration of Mr. Jefferson like his illustrious predecessor, he ordered his carriage ready the moment the hour of twelve at night struck, and as if ashamed to wit ness in a private station, the capital of that nation which he had for four years insulted and oppressed, he took his departure before sun rise, and bid (it is to be hoped) a final adieu to the seat of American government. 5?Sx OF : \ 50894 U/7 THE UNIVERSITY OF CALIFORNIA LIBRARY * " 1