Albert Gallatin
himself and others to do all in his power to secure a peace, even by
correspondence abroad, and he would not admit that the ground taken by
the friends of the measure was a proper foundation for a general law. A
committee was, however, appointed, in spite of this remonstrance, to
consider the propriety of including in the general act all persons who
should commence or carry on a correspondence, by a vote of 65 to 23. A
bill was reported on January 9, when Gallatin endeavored to attach a
proviso that the law should not operate upon persons seeking justice or
redress from foreign governments; but his motion was defeated by a vote
of 48 to 37. Later, however, a resolution of Mr. Parker, that nothing in
the act should be construed to abridge the rights of any citizen to
apply for such redress, was adopted by a vote of 69 yeas to 27 nays. On
this vote Harper voted yea. Griswold, Otis, Bayard, and Goodrich were
found among the nays. Gallatin succeeded in carrying an amendment
defining the bill, after which it was passed by a vote of 58 to 36.
Towards the close of January, 1799, a bill was brought in authorizing
the President to discontinue the restraints of the act suspending
intercourse with the French West India Islands, whenever any persons in
authority or command should so request. This was to invite a secession
of the French colonies from the mother country. Gallatin deprecated any
action which might induce rebellion against authority, or lead to
self-government among the people of the islands who were unfit for it.
Moreover, such action would remove still further every expectation of an
accommodation with France. The bill was passed by a vote of 55 to 37. He
objected to the bill to authorize the President to suspend intercourse
with Spanish and Dutch ports which should harbor French privateers, as
placing an unlimited power to interdict commerce in the hands of the
executive. The bill was carried by 55 to 37. On the question of the
augmentation of the navy he opposed the building of the seventy-fours.
In February Edward Livingston presented a petition from aliens, natives
of Ireland, against the Alien and Sedition laws. Numerous similar
petitions followed; one was signed by 18,000 persons in Pennsylvania
alone. To postpone consideration of the subject, the Federalists sent
these papers to a select committee, against the protests of Livingston
and Gallatin. This course was the more peculiar because of the reference
of petitions of a similar character in the month previous to the
committee of the whole. The Federalists were abusing their majority, and
precipitating their unexpected but certain ruin. One more effort was
made to repeal the offensive penal act; the constitutional objection was
again pleaded, but the repeal was defeated by a vote of 52 in the
affirmative. Mr. Gallatin opposed these laws in all their stages, but,
failing in this, persistently endeavored to make them as good as
possible before they passed. Jefferson later said that nothing could
obliterate from the recollection of those who were witnesses of it the
courage of Gallatin in the "Days of Terror."[8] The vote of thanks to
Mr. Dayton, the speaker, was carried by a vote of 40 to 22. On March 3,
1800, this Congress adjourned.
* * * * *
The sixth Congress met at Philadelphia on December 2, 1799. The
Federalists were returned in full majority. Among the new members of the
House, John Marshall and John Randolph appeared for Virginia. Theodore
Sedgwick was chosen speaker. President Adams came down to the House on
the 3d and made the usual speech. The address in reply, reported by a
committee of which Marshall was chairman, was agreed to without
amendment. Adams was again delighted with the very respectful terms
adopted at the "first assembly after a fresh election, under the strong
impression of the public opinion and national sense at this interesting
and singular crisis." At this session it was the sad privilege of
Marshall to announce the death of Washington, "the Hero, the Sage, and
the Patriot of America." In the shadow of this great grief, party
passion was hushed for a while.
Gallatin again led the Republican opposition; Nicholas and Macon were
his able lieutenants. The line of attack of the Republicans was clear.
If war could be avoided, the growing unpopularity of the Alien and
Sedition laws would surely bring them to power. The foreign-born voter
was already a factor in American politics. In January the law providing
for an addition to the army was suspended. Macon then moved the repeal
of the Sedition Law. He took the ground that it was a measure of
defense. Bayard adroitly proposed as an amendment that "the offenses
therein specified shall remain punishable as at common law, provided
that upon any prosecution it shall be lawful for the defendant to give
as his defense the truth of the matter charged as a libel." Gallatin
called upon the chair to declare the amendment out of order, as intended
to destroy the resolution, but the speaker declined, and the amendment
was carried by a vote of 51 to 47. The resolution thus amended was then
defeated by a vote of 87 to 1. The Republicans preferred the odious act
in its original form rather than accept the Federal interpretation of
it.
On February 11, 1800, a bill was introduced into Congress further to
suspend commercial intercourse with France. It passed the House after a
short debate by a vote of 68 yeas to 28 nays. On this bill the
Republican leaders were divided. Nicholas, Macon, and Randolph opposed
it; but Gallatin, separating from his friends, carried enough of his
party with him to secure its passage. Returned by the Senate with
amendments, it was again objected to by Macon as fatal to the interests
of the Southern States, but the House resolved to concur by a vote of 50
to 36.
In March the country was greatly excited by the news of an engagement on
the 1st of February, off Guadaloupe, between the United States frigate
Constellation, thirty-eight guns, and a French national frigate, La
Vengeance, fifty-four guns. The House of Representatives called on the
secretary of the navy for information, and, by 84 yeas to 4 nays, voted
a gold medal to Captain Truxton, who commanded the American ship. John
Randolph's name is recorded in the negative.
Notwithstanding this collision, the relations of the United States and
France were gradually assuming a kindlier phase. The Directory had
sought to drive the American government into active measures against
England. Bonaparte, chosen First Consul, at once adopted a conciliatory
tone. Preparing for a great continental struggle, he was concentrating
the energies and the powers of France. In May Mr. Parker called the
attention of the House to this change of conduct in the French
government and offered a resolution instructing the Committee on
Commerce to inquire if any amendments to the Foreign Intercourse Act
were necessary. Macon moved to amend so that the inquiry should be
whether it were not expedient to repeal the act. Gallatin opposed the
resolution on the ground that it was highly improper to take any
measures at the present time which would change the defensive system of
the country. The resolution was negatived,--43 nays to 40 yeas.
One singular opposition of Gallatin is recorded towards the close of the
session; the Committee on the Treasury Department reported an amendment
to the act of establishment, providing that the secretary of the
treasury shall lay before Congress, at the commencement of every
session, a report on finance with plans for the support of credit, etc.
Gallatin and Nicholas opposed this bill, because it came down from the
Senate, which had no constitutional right to originate a money bill; but
Griswold and Harper at once took the correct ground that it was not a
bill, but a report on the state of the finances, in which the Senate had
an equal share with the House. The bill was passed by a vote of 43 to
39. It is worthy of note that the first report on the state of the
finances communicated under this act was by Mr. Gallatin himself the
next year, and that it was sent in to the Senate. The House adjourned on
May 14, 1800.
* * * * *
The second session of the sixth Congress was held at the city of
Washington, to which the seat of government had been removed in the
summer interval. After two southerly migrations they were now
definitively established at a national capital. The session opened on
November 17, 1800. On the 22d President Adams congratulated Congress on
"the prospect of a residence not to be changed." The address of the
House in reply was adopted by a close vote.
The situation of foreign relations was changed. The First Consul
received the American envoys cordially, and a commercial convention was
made but secured ratification by the Senate only after the elimination
of an article and a limitation of its duration to eight years. While the
bill was pending in the Senate, Mr. Samuel Smith moved to continue the
act to suspend commercial intercourse with France. Mr. Gallatin opposed
this motion; at the last session he had voted for this bill because
there was only the appearance of a treaty. Now that the precise state of
negotiation was known, why should the House longer leave this matter to
the discretion of the President? The House decided to reject the
indiscreet bill by a vote of 59 to 37. An effort was also made to repeal
a part of the Sedition Law, and continue the rest in force, but the
House refused to order the engrossing of the bill, taking wise counsel
of Dawson, who said that, supported by the justice and policy of their
measures, the approaching administration would not need the aid of
either the alien, sedition, or common law. The opponents of the bill
would not consent to any modification. The last scenes of the session
were of exciting interest.
Freed from the menace of immediate war, the people of plain common sense
recognized that the friendship of Great Britain was more dangerous than
the enmity of France. They dreaded the fixed power of an organized
aristocracy far more than the ephemeral anarchy of an ill-ordered
democracy; they were more averse to class distinctions protected by law
than even to military despotism which destroyed all distinctions, and
they preferred, as man always has preferred and always will prefer,
personal to political equality. The Alien and Sedition laws had borne
their legitimate fruit. The foreign-born population held the balance of
power; a general vote would have shown a large Republican or, it is more
correct to say, anti-Federalist majority. But the popular will could not
be thus expressed. Under the old system each elector in the electoral
college cast his ballot for president and vice-president without
designation of his preference as to who should fill the first place. New
England was solid for Adams, who, however, had little strength beyond
the limits of this Federal stronghold. New York and the Southern States
with inconsiderable exceptions were Republican. Pennsylvania was so
divided in the legislature that her entire vote would have been lost but
for a compromise which gave to the Republicans one vote more than to the
Federalists. Adams being out of the question, the election to the first
place lay between Jefferson and Burr, both Republicans. The Federalists,
therefore, had their option between the two Republican candidates, and
the result was within the reach of that most detestable of combinations,
a political bargain. Mr. Gallatin's position in this condition of
affairs was controlling. His loyalty to Jefferson was unquestioned,
while Burr was the favorite of the large Republican party in New York