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When a British minister undertakes to de contains abridgments of the national rights, but clare, that the motive for the revocation of a changes the municipal regulations of the United hostile order was, to take away every pretext States: and how have these things been effectfrom evil-disposed persons among us, who, ac- ed ?-By the substitution of a foreign power in cording to the intelligence he had received, the place of the House of Representatives. If were endeavoring to irritate our own people the treaty-making power be thus extensive, against Great Britain, as well as to oppose the and if it be so absolutely obligatory, as to demeasures of our own government, &c., and to prive the House of Representatives of the right assign the same reason for refraining from giv- of judging as to the expediency of making the ing that opposition to some exceptionable meas- provisions for its complete effectuation, of what ures of our government, which he otherwise use is the House of Representatives as a distinct might have done ; and when the United States branch of the government? Will it not be a so far listen to this language, as immediately mere formal, and not an efficient branch of the to enter into negotiation upon the subject, my government? An entire new system of jurisapprehensions of British interference, of British prudence may thus be introduced by treaty, influence, are strongly excited, particularly and become obligatory upon the House of Repwhen the British minister seems to make a resentatives obligatory upon the nation. common cause between the two governments Whenever the question, which necessarily against what he is pleased to call evil-disposed results from the unlimited scope given to the persons. I will here incidentally remark, that treaty-making power, shall be presented to the as far as these “evil-disposed persons " have people of the United States, to wit:-Shall the produced the revocation of the hostile order of House of Representatives become a formal, or November, and a relaxation of British hostility remain an efficient, branch of the government; in other respects, they are certainly entitled to they will pause, before they will decide upon applause from the United States, whatever its annihilation. Their love of liberty, their epithets may have been bestowed upon them love of their own interests, will check, for a by a British minister.

moment, personal affections, or antipathies : The contents of the treaty have very much con- party sensations, state jealousies will be disfirmed my original apprehensions. Gentlemen armed, and the people will be found right in have often said, show us the danger of British their decision. interference, of British influence. To my mind, Even in the midst of the clamor of war and the treaty itself contains the evidence. The disunion, which has been momentarily excited treaty itself corresponds with what I consider for a particular object, the people cannot be as the object of the British minister in giving led to such fatal extremities, as the doctrine the invitation to it. I find it in the following contended for would necessarily produce. Much particular instances.

less will this be the case after they shall have Before the treaty, the right of laying a special been relieved from these causeless apprehensions. as well as a general embargo existed in the If, therefore, the House should exercise a United States: the right of laying a special constitutional right of judging of the propriety embargo upon British vessels is surrendered. of the object of expenditure, and a refusal Before the treaty, the right of sequestration ex- should be the result of their judgment, I do not isted, and the exercise of it was proposed. This believe that it will produce that fatal hostility right, so far as it respects Great Britain, is for- of departments which would eventuate in a total ever surrendered. Before the treaty, the right dissolution of the government; but will be an of discriminating against British goods, in favor exercise of one of the salutary checks, provided of those of other nations, existed, and the exer- in the constitution, which, in my opinion, concise of it was proposed. This right is surrender-stitute its merit, and not its reproach. ed. Before the treaty, the right of suspending I shall now proceed to consider, whether a commercial intercourse with Great Britain ex- war with Great Britain will be the probable isted, and was proposed to be exercised; the consequence of a refusal to make the necessary exercise of that right is stipulated against for a provision for carrying the British treaty into limited time, &c. All these are restrictions of effect. To my mind, there does not appear to the exercise of the rights of national sovereign- be the least ground for the clamor, which has ty, and seem to me complete evidence of British been excited from this suggestion. I believe interference.

that Great Britain will make war upon the These circumstances furnish two reflections. United States whenever she deems it her inThe one is, that the British cabinet deem the terest to do so: and that the treaty would immeasures proposed, to be more efficacious, than pose no restraint upon her, if she thought her they have generally been represented to be in interest would justify the conduct. I also bethe United States; and hence, the extreme lieve, that if there should be no treaty with caution to stipulate against the future exercise Great Britain, she would not go to war with of them. The other is, that party sensations the United States, unless her interest should

ust have had great influence upon the extraor- dictate the measure. In short, I believe, that dinary envoy of the United States, to induce bis Great Britain, like all other nations, will make consent to these great abridgments of the rights her interest the criterion of her conduct in of national sovereignty. The treaty not only every question of peace or war.

If this opinion be well formed, the proba- | 13th, the rebellion of La Vendee commenced; bility of war may be tested by this question. on the 18th, Dumourier was defeated; on the Is it the interest of Great Britain to make war 20th, he abandoned his army; on the 3d of upon the United States in the relative situation April, his army retreated into France; on the of the two countries? Great Britain is now 4th, Dumourier himself was outlawed; on the engaged in a war in which the government 13th, France made a declaration against all inhazards every thing. She is at this moment terference with foreign governments; on the engaged in an important enterprise against the 22d of April, the President issued the proclaFrench West Indies. She is under the neces- mation of neutrality; on the 3d of May, the sity of resorting to the United States for sundry rebellion of Corsica commenced; 29th, the resupplies for facilitating the enterprise. The bellion of the department of Loire; 30th, the United States are the best commercial customer rebellion of the city of Lyons; June 2d, thirtyshe has in the world. Under these circum- two deputies of the convention, generally called stances, what would be her inducement for the Brissotines, were arrested. About the same war? What would be her inducements to avoid time, a rebellion commenced in the departments it? These questions furnish their own answers. of Bouches du Rhone, Calvados and Eure; The argument of war is an argument of de- June the 8th, the first order by Great Britain pendence. It is also an argument which will for seizure of neutral vessels bound to France, last for ever. If the fear of war is now to in- with provisions, was issued. It is here to bé fluence our conduct against our judgments, remarked, that the impartial state of neutrality will not the same argument apply with double proclaimed by the President of the United force two years after the expiration of the States, on the 22d of the preceding April, was present war, to induce a continuance of the probably known to the British cabinet; but, treaty upon its present injurious conditions ? whilst flushed with these successes in her

As the argument of war is the chief instru- crusade against liberty, the neutrality of the ment by which the treaty is pressed upon the United States could not protect them from the people of the United States, I beg the indulg- invasion of their neutral rights. On the 10th ence of the committee in taking a retrospective of July, Conde surrendered to the Combined view of this subject, and in examining it with Armies; on the 27th, Mayence, &c.; on the some minuteness. Whatever may have been 28th, Valenciennes; at the end of July, the my opinion at the time of receiving the infor- Spaniards were in possession of Bellegrade, mation of the hostile order of the 6th of No- Collioure, St. Elme, &c., and of the whole devember, I am now of opinion, that at that time, partment of the eastern Pyrenees, and part of Great Britain did meditate war against the the lower Pyrenees. The Prussians and AusUnited States, although I believe there is no trians were possessed of the lines of Weisemdanger of it at present.

burg, Fort Vauban, &c., and had blockaded I believe, too, that the neutrality proclaimed Landau. The Piedmontese and Hanoverians by the United States does not, in the smallest had made successful inroads into other parts of degree, influence the conduct or disposition of France; the royalists of La Vendee were in Great Britain towards the United States in re-possession of four departments. gard to war or peace, but that the true expla- The royalists of the fourth were in possession nation of her disposition will be found in the of Lyons, Marseilles, Toulon, and the departcourse of events in Europe. On the 1st of ments of Vaucluse and Rhone. On the 28th of February, 1793, France declared war against August, all Frenchmen were put in requisition; the King of England, and the stadtholder of on the 28th, Toulon surrendered to Lord Hood, Holland, and on the 7th of the same month by the royalists; on the 9th of September, thé against Spain. France was then at war with Duke of York was defeated; on the 11th, the Emperor of Germany, and the King of Lyons was subdued ; on the 30th of October, Prussia, &c. A combination of most of the the Brissotines were executed. This was nearly despots of Europe had previously been formed, the state of the war upon the European conti(it is generally believed on the 21st July, 1791, nent, at the time of issuing the hostile order of at Pilnitz,) for the purpose of crushing the the 6th of November. In this chronological revolutionary spirit which had appeared in statement of facts, may be found the hostile France. The accession of Great Britain, Spain, disposition of Great Britain, widened by that Holland, Portugal and some of the Italian order against the United States. France, conStates to the combination already formed, made vulsed with intestine divisions, which extended it the most formidable which has ever appeared to the very heart of the convention, laboring in the history of modern times. The most des- under the most formidable external pressure, perate and bloody war of course ensued, and was supposed to be an easy prey to this terrible immediately succeeded the declaration of war combination of despots : the combination havagainst Great Britain ; a series of successes took ing in view, as I believe, the total destruction place, which threatened the absolute subjuga- of liberty. Great Britain, possessed of the tion of France.

most triumphant and formidable fleet, and On the 1st of March, the French sustained a guiding almost implicitly the movements of this considerable loss by the surprise of the van- great combination, already anticipated the deguard of their army, on the river Roer; on the struction of liberty in France, and began to turn her attention towards the same object in at this moment, than at any time previously, the United States. Hence, the order of the 6th during the whole period of the war. The of November; hence, the truce between Portu- nation is desirous of peace, and distressed for gal and Algiers; hence, the talk between Lord provisions. The combination which indulged Dorchester and the Indians. These were all her presumptuous hopes, crumbled into dust. acts of hostility, and evidently produced by the Prussia is at peace with France, and almost state of things before described. But what at war with Great Britain. Spain is at peace events followed these acts of hostility? with France, and hardly at peace with Great

A complete reverse of fortune immediately Britain. Holland is at peace and in alliance succeeded. The Duke of York had been already with France, and at war with Great Britain. defeated. On the 17th of December, Toulon Austria herself is almost exhausted, and desirwas retaken by the French; on the 22d, the ous of peace; and the continuation of French Austrian fortified camp near Werth, was at- exertions and successes has excited the admiratacked and carried; on the 24th and 25th, the tion and astonishment of the world. Are army under the command of the Duke of these the circumstances which would justify Brunswick was defeated at Kellsburg, and the apprehensions of war from Great Britain? And Austrian army at Geisberg; on the 26th, the are the United States to tremble at the sound lines of Weisemburg were forced, and the Aus- of war from a nation thus circumstanced? I trian army defeated. On the 8th of January, trust not. And for what cause is this war to the hostile order for seizing neutral vessels was be produced? Because the House of Reprerevoked, and on the 9th, Lord Grenville in- sentatives may deem it inexpedient to become formed the Ajnerican minister that the revoca- the instrument of giving efficacy to a bad tion of the order was to take away all pretext bargain. from evil disposed persons amongst us, for in- I verily believe, that the alarm of war is not dulging their resentment against Great Britain. serious. I verily believe it is resorted to as an But, however strongly this motive may have artificial instrument to effect a favorite object. operated on the British cabinet, it certainly was For my part, I believe the hazard so small, as very strongly enforced by the state of things not to constitute an item in estimating the upon the European continent, which was not present question. only changed, but completely reversed between I believe that Great Britain wnsiders the the 6th of November, 1793, and the 8th of United States as a more important commercial January, 1794. It is remarkable, that notwith- connexion, particularly as it respects her views standing the several changes in the conduct of in the West Indies, than some gentlemen seem Great Britain towards the United States, they to admit; and I believe also, that she views the have been uniform in their impartial neutrality United States more formidable as an enemy. I towards Great Britain ; of course, the uniform infer these opinions from the avidity with disposition of the United States towards Great which this treaty seems to have been received Britain could not have produced the fluctuating in that country, and particularly from an exdisposition of Great Britain towards the United pression in the speech of the king at the late States. Great Britain, in all probability, sup- meeting of parliament. Two reflections were posed, that, in the intoxication of the combined strongly impressed upon my mind from that powers, from their early successes, her influence speech. The one, that the treaty is deemed a might unite them in a war against the United very advantageous one to Great Britain, tho States, and perhaps, in the height of her pre-other, that Great Britain has no appetite for sumption, she might even have indulged the im- war against the United States, in her present pious hope of regaining her dominion over situation. them: but this sudden reverse of fortune Hence, I cannot believe that there is the least checked her ambitious enterprise. Probably possible foundation for the suggestion of the anticipating a speedy dissolution of the combi- fatal hostility of departments of government, nation, and having abandoned all prospects of or of war with Great Britain, as amongst the engaging them in her iniquitous project, and consequences resulting from a refusal to make being unwilling to add a new and formidable the necessary provisions for giving efficacy to enemy to the one she already had encountered, the treaty. and even fearing the effects of her previous As the present treaty is incomplete, and as hostilities, a sudden revolution is produced in further negotiations are stipulated in the treaty her conduct towards the United States : it is itself, and in the event of a decision either way, then she is desirous of taking away all pretext are expected; I think the most important confrom “evil disposed persons,” to indulge their sequences of the vote will be these. If the resentment against her: it is then the order of House should refuse to make the provisions for revocation is seen. If, then, Great Britain was carrying the treaty into effect, the new negotiaunwilling to encounter a new enemy, in her tions will commence without the concessions then situation, will any change of circumstances contained in the present treaty. If the projustify, at this time, the supposition of a change visions are m the further negotiations will of disposition in Great Britain, respecting war proceed under the weight of the concessions with the United States? I believe not. Peace already made, and very little melioration of seems to be more important to Great Britain | the present conditions can be expected, as the United States will have very little left to induce the treaty to be a bad one. I believe it conthe melioration. And if no final adjustment of tains the completest evidence of British interdifferences ensues, the United States will at ference in our internal affairs, and has laid the least continue to posses all the rights attached foundation for the further extensi British to national sovereignty.

influence. It has restricted the exercise of Much has been said, and much unnecessarily some of the important rights of national sovesaid, about intemperance and heats. I will ap- reignty. It has voluntarily hazarded the neupeal to the recollection of the committee, whether trality of the United States in the present there ever was a more harmonious session than European war, and destroyed all pretensions to the present, until this treaty was introduced its character of impartiality. It has not afinto the House ; and, then, whether its oppo- forded protection to our neutral rights, which is nents have not discovered at least as much amongst its great objects; and, in the adjustcoolness and deliberation as its advocates. ment of the differences resulting from the in

The treaty itself is the torch of discord, execution of the treaty of peace, it is unequal which has been unfortunately thrown into the and unjust. All these important circumstances United States, and it is extraordinary to ob- considered, and when it is also considered, that serve, that those who have been most instru- the British persevere in impressing our seamen mental in introducing it, impute intemperance to and seizing our vessels in violation of the others for a firm and decisive opposition to it. clearest rights of neutral nations, even since It is too much to suppose that the absolute the signing of the treaty, I cannot consent to sacrifice of opinion is an obligation due to the be the instrument of giving it efficacy. I beembarrassments, into which this treaty has lieve that it is one of those extraordinary cases thrown the United States.

which justify strong and extraordinary reUpon the whole, I conscientiously believe I sistance.

SPEECH ON THE JUDICIARY.

The subjoined speech on the Judiciary Bill * | general happiness; whereas, another portion of was delivered by Mr. Giles, in the House of the human mind has given a preference to the Representatives of the United States, on the the same end : and

there is no reason for apply

republican form, as best calculated to produce eighteenth of February, 1802:

ing improper motives to individuals who give

a preference to either of the principles, provided Mr. Chairman, I feel some degree of appre- in doing so they follow the honest dictates of hension, that in the course I deem it necessary their own judgments. It must be obvious to to take in the discussion of this question, some the most common observer, that from the comobservations may fall from me which may not mencement of the Government of the United be in strict harmony with the feelings of some States, and perhaps before it, a difference of gentlemen of the committee. I shall regret, opinion existed among the citizens, having more however, if a compliance with a sense of or less reference to these two extreme fundadaty shall produce this effect. I wish, there- mental points, and that it manifested itself in fore, to apprise gentlemen, that I intend to the modification or administration of the govdirect my observations, as much as possible, to ernment as soon as it was put in operation. the effects and tendencies of measures; and On one side it was contended, that in the orthat when I am constrained to speak of the ganization of the constitution, a due apportionviews of gentlemen, it will be with respect to ment of authority had not been made among what I conceive to be their opinions in relation the several departments; that the legislature was to the general interests, and not to private gra- too powerful for the executive department; tifications. It is natural that men should differ and to create and preserve a proper equipoise, in the choice of means to produce a given end, it was necessary to infuse into the executive and more natural that they should differ in department, by legislation, all artificial powers the choice of political means than any other; compatible with the constitution, upon which because the subject presents more complicated the most diffusive construction was given; or, and variable objects, out of which to make a in other words, to place in executive hands all choice. Accordingly, a great portion of the the patronage it was possible to create, for the human mind has been at all times directed to- purpose of protecting the President against the wards monarchy, as the best form of gov- full force of his constitutional responsibility to ernment to enforce obedience and ensure the the people. On the other side, it was contended,

that the doctrine of patronage was repugnant * See the speech of Mr. Bayard, and note at page 55 ante; to the opinions and feelings of the people; that see also the speeches of Mr. Tracy and Mr. Morris in the it was unnecessary, expensive and oppressive, Arst volume of this work,

and that the highest energy the government could possess, would flow from the confidence of view. After a variable conduct had been of the mass of the people, founded upon their pursued by the United States in relation to own sense of their common interests. Hence, these events, the depredations committed upon what is called party in the United States, grew commerce, and the excitements produced thereup from a division of opinion respecting these by, enabled the administration to indulge themtwo great characteristic principles patronage, selves in a more decisive course, and they at or the creation of partial interest for the pro- once pushed forward the people to the X. Y. Z. tection and support of government, on the one of their political alphabet before they bad well side ; on the other side, to effect the same end, learned and understood the A. B. O. of the a fair responsibility of all representatives to the principles of the administration. people; an adherence to the general interests, Armies and navies were raised, and a variety and a reliance on the confidence of the people of other schemes of expense were adopted, at large, resulting from a sense of their common which placed the administration in the embarinterests. A variety of circumstances existed rassing predicament, either to violate their faith in the United States, at the commencement of with their public creditors, or to resort to new the government, and a great number of favor- taxes. The latter alternative was preferred, able incidents continued afterwards to arise, accompanied with other strong coercive meawhich gave the patronage system the prepon- sures to enforce obedience. A land tax was derancy, during the first three presidential laid for two millions of dollars. This measure terms of election; notwithstanding it was evi- awakened the people to a sense of their situadent, that the system was adopted and pursued tion, and shook to the foundation all those fedin direct hostility to the feelings and opinions eral ramparts which had been planned with so of a great portion of the American people. much ingenuity, and erected around the execuThe government was ushered into operation tive with so much expense and labor. Another under a vast excitement of federal fervor, flow- circumstance peculiarly favorable to the advoing from its recent triumph on the question of cates of executive patronage, was, that during adopting the constitution. At that time, a con- the two first presidential terms the chief execusiderable debt was afloat in the United States, tive magistrate possessed a greater degree of which had grown out of the revolutionary war. popularity and the confidence of the people than This debt was of two kinds: the debt proper ever was, or perhaps ever will be again attachof the United States, or engagements made by ed to the person occupying that dignified station. the United States, in their federal capacity; the The general disquietude which manifested itself other, the state debts, or engagements entered in consequence of these enterprising measures, into by the respective States for the support of in the year 1800, induced the federal party to the common cause.

apprehend that they had pushed their princiThe favorers of the patronage system readily ples too far, and they began to entertain doubts availed themselves of these materials for erect- of the result of the presidential election which ing a moneyed interest; gave to it a stability, or was approaching. In this state of things it was qualified perpetuity, and calculated upon its cer- natural for them to look out for some departtain support in all their measures of irresponsi- ment of the government in which they could bility.

entrench themselves in the event of an unsucThis was done not only by funding the debt cessful issue in the election, and continue to proper of the United States, but by assuming support those favorite principles of irresponsithe payment of the State debts and funding them bility which they could never consent to abanalso; and it is believed extending the assump- don. tion beyond the actual engagements of the States. The judiciary department of course presented Hence the federal axiom, that the public debt is itself as best fitted for their object, not only bea public blessing. Shortly after this event an cause it was already filled with men who had Indian war sprang up, I will not say by what manifested the most indecorous zeal in favor of means; in consequence of which an army was their principles, but because they held their added to the list of patronage. The Algerines offices by indefinite tenures, were not subject commenced a predatory war upon the com- to periodical appointments, and of course were merce of the United States, and thence a navy further removed from any responsibility to the formed a new item of patronage. Taxes be- people than either of the other departments. came necessary to meet the expenses of this Accordingly, on the 11th of March, 1800, a bill system, and an arrangement of internal taxes, for the more convenient organization of the an excise, &c., &c., still swelled the list of pat-courts of the United States, was presented to ronage. But the circumstance which most fa- the House of Representatives. This bill apvored this system was the breaking out of a pears to have had for its objects, first, the gradtremendous and unprecedented war in those ual demolition of the State courts, by increasing. countries of Europe with which the United the number, and extending the jurisdiction of States had the most intimate relations. The feel the federal courts. Second, to afford additionings and sympathies of the people of the United protection to the principles of the then exStates were so strongly attracted by the tremen-isting administration by creating a new corps dous scenes existing there, that they considered of judges of concurring

political opinions. This their own internal concerns in a secondary point bili, however, was not passed into a law during

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