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MARCH, 1798.]

Foreign Intercourse.

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prevented the fall. Interposing the powers of his and a blind servile devotedness to France? And office and his immense personal popularity, be-will gentlemen, after all this, deny that the whole tween the Legislature and the gulf, at the very scope of the measures, the whole drift of the sysbrink of which it had almost arrived, he arrested tem of their party, has been war against England its career, and afforded the country time to re- and alliance with France ?* cover from its delirium. He sent an Envoy Extraordinary to make one further attempt at an amicable adjustment of our differences with England, before we should resolve to terminate them by the sword; and by this step he again broke the measures of the war party.

The Envoy, however, continued to negotiate, and at length concluded a treaty, whereby ancient difficulties were adjusted, and the foundation laid for amity in future. No sooner did this treaty arrive in the country than every artifice was used to inflame the public mind, and excite against it Their rage was proportioned to their disap- the popular prejudices. Nothing was omitted to pointment, and it hurried them into the most fu- defeat it in the Senate, and when ratified by that rious invectives against the President, against the body, it was attacked by every coffee-house poliEnvoy, and against all who were understood to tician of the party before it was published, by all favor the measure. Everybody remembers, Mr. their presses, and by the resolutions of all the clubs. Chairman, how they accused this Envoy of being When made public, the most unheard of means a tool of the British Ministry, an enemy to lib- were used to overwhelm it with general odium, erty, and even an opposer of the independence of to raise an universal cry against it, and deter the this country. Everybody remembers what clam- President from giving it his sanction. In every ors were raised about the unconstitutionality of town mobs were assembled under the more rehis appointment; how the clubs toasted, the ora- spectable name of town meetings; those of a diftors harangued, and the societies resolved. Every ferent opinion were silenced by clamor, intimibody remembers how all the presses under the dated by threats, or actually driven away by vioinfluence of this party loudly alleged that the lence; and all opposition or discussion being thus friends of the negotiation were a faction devoted prevented, these assemblages of ignorant and ilto England, and that the President of the United literate men were prevailed upon to vote by acStates, by sending the Envoy, had placed himself clamation for resolutions which they were incaat the head of this faction. Every one remembers pable of understanding, and could not even hear. how the leaders of this party did not refrain from Thus the appearance of a formidable popular repeating these accusations within the walls of rising in various parts of the continent was exthis House, and even on this floor. It was inhibited, and the frenzy caught. It spread wider vain that the friends of the measure, and of peace, spoke to them in language like this: "Let this attempt at negotiation be made, and if it fails, we will join you in war. Should England refuse to do us justice, when thus peaceably applied to, we will join you in every measure of compulsion. We consider this as the last effort at negotiation; and so the President has announced it in his Message for nominating the Envoy." No! these gen-strokes aimed at the happiness of the country. He tlemen, now so peaceable, when France repels with contempt two successive efforts at negotiation, and meets all our advances by new measures of hostility, could then be satisfied with nothing less than immediate measures of coercion and irritation against England. A single attempt to negotiate they reprobated as pusillanimity, and the very idea of a compromise they treated as a surrender of the rights and honor of the country. When the Envoy arrived, and presented a memorial, stating all our claims, and urging satisfaction, but urging it in the usual forms of diplomatic civility, these forms were converted into a cause of accusation; a most violent outcry was raised against this civility by the very gentlemen who now proclaim their unbounded, and even enthusiastic approbation of the conduct of the late Minister to France, who, in his first address to the Government of that Republic, assured it solemnly and publicly that this country was readyject they bent their whole force, and this House to submit, and to submit cheerfully, to any infractions of its treaties or violation of its rights, which France might think it for her own advantage to commit! Whence this strange inconsistency, but from an eager desire of war against England,

and wider, and, aided by various auxiliary passions, drew into its vortex great masses of the best and most well-intentioned citizens. The country again seemed on the point of rushing down the precipice; but fortunately its guardian genius yet presided over its affairs. The President of the United States again placed himself in the breach, and received on his buckler all the

spoke to the people; they heard the voice of their father; they listened and became calm. He ratified the treaty, and the people said, "It is done, and must it not be supported? He has done it, and is it not right?" They listened, and were appeased; they read, and were convinced; they discovered their first errors, acknowledged and renounced them.

But not so the party whose object was war against England at all events. They saw in this treaty the death of their hopes, the final frustration of all their projects; for this treaty took away all cause of quarrel between the two countries, and they resolved to make one grand effort for its destruction; which being accomplished, all the ancient disputes would be reinstated with new aggravation, and a rupture would be rendered by so much the more certain, as there could be no faith in any new accommodation. To this ob

was the place for the attack. When the treaty came before this House to be carried into effect,

See Mr. Monroe's book, pages 10, 24, and 35, where this declaration is acknowledged and justified.

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doctrines new to the Constitution, and incompatible with its existence, were introduced in order to destroy it. The treaty-making power was attempted to be rendered subject to the control of this House, as the power of appointing foreign Ministers is now attempted to be rendered subject. The treaty was attacked through the sides of the Constitution; a war was sought by the overthrow of our Government and the violation of our plighted faith. But a firm resistance was given to these attempts. Enlightened discussions spread the truth before the eyes of the people. Warned by the errors into which they had before been drawn, and roused by the magnitude of the danger, they rose in their might, and the party was dismayed; they spoke and it trembled; they put forth their hand and touched it, and it sunk to

the earth.

Thus, again, Mr. Chairman, were the projects of the gentlemen confounded. Thus again were they prevented from effecting their purpose, so much desired, of driving this country into a war with England and the fraternal embraces of France.

[MARCH, 1798.

ation formerly, with their equally zealous opposition to everything like resistance now? If this be not their system, then all I can say about their present measures, contrasted with those pursued by them on a former occasion, about their former eagerness for alliance with one foreign nation and war with another, contrasted with their present declamations against all sorts of foreign connexions or intercourse, is to exclaim, in the eloquent language of the gentleman from Pennsylvania, that those measures form the last leaf of that book wherein are written the inconsistencies of party.

Whether this system of war and alliance, this system of fraternity with France, such as the Dutch now enjoy, and hostility, under her orders, against all her enemies; this system, so steadily pursued, but so often defeated, shall now at length begin to triumph, I consider as the question now to be decided. It is now to be decided whether an important step shall be taken towards compelling our Government, through debility, to submit implicitly to France, towards laying this country. bound hand and foot, at the feet of that haughty, domineering nation. To take this step, to commeuce the triumph of the fraternal system, I take to be the object, as I know it to be the tendency, of the inroad on the Executive power attempted by this amendment. Hence it is that I oppose it with the warmest zeal and with all my might; and if my opposition shall contribute in the smallest degree to its defeat, I shall neither regret the time I have occupied, nor apologize for the trouble I have given to the committee.

At the conclusion of Mr. HARPER'S speech the question was called for; but on motion to rise and ask leave to sit again, it was carried by 50 members rising.

MONDAY, MARCH 5.

The remaining history is known. The French, under pretexts so frivolous that not one gentleman on this floor had been found hardy enough to defend them, have quarrelled with us on account of this treaty, because, by terminating our differences with England, it cuts off all hope of our being drawn into the war against her. In this quarrel, France, proceeding avowedly on the ground of our being a divided people, opposed to our own Government, and attached to her, repels all our amicable advances, meets them with new injuries, and declares that before she will listen to us, we must tread back all our steps, reverse our whole system of policy, break our treaty with England. and admit her own construction of her treaty with us. In this critical and alarming situation of affairs, the same description of persons, the same individuals even, who have so perseveringly attemptENCOURAGEMENT OF FINE ARTS. ed to bring us into a war against England accord- Mr. DWIGHT FOSTER observed, that he thought ing to the views of France, who have so uniform- it proper that attention should be paid to the enly, and with so much zeal, supported all the pre-couragement of the fine arts, and particularly to the tensions of France, now come forward and make arts of designing and engraving, which had already a direct attack on the Executive, the tendency of made considerable progress in this country. The which necessarily is to divide it from this House, proper way of doing this, he supposed would be to when there is the utmost need of union, and with-secure to artists a property in their works. In order draw from it the confidence of the people, when that confidence is most essential. What is this but a continuation of the same system? And can we be blamed for seeing in this attempt a new effort to throw this country into the arms of France, by rendering the Government unable to resist her; by forcing it, from weakness, to submit to her mandates; to break, in obedience to them, its treaty with England, and substitute, in its place, an alliance offensive and defensive with her?

If this be not the object of gentlemen-if it be not their intention thus to serve their country by reducing it to the situation of Holland-how are we to reconcile their present with their former conduct; their eagerness for hostile measures formerly, with their tame submissive spirit now; their zealous opposition to everything like negoti

to bring this business before the House, he proposed a resolution for appointing a committee to inquire into the propriety of passing an act for this purpose, which was agreed to, and a committee of three appointed.

RELATIONS WITH FRANCE.

The following Message, with the documents accompanying it, were received from the President

of the United States:
Gentlemen of the Senate, and

Gentlemen of the House of Representatives :
The first despatches from our Envoys Extraordinary,
since their arrival at Paris, were received at the Secretary
of State's office, at a late hour the last evening. They
are all in a character which will require some days to be
decyphered, except the last, which is dated the 8th of

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January, 1798. The contents of this letter are of so much importance to be immediately made known to Congress, and to the public, especially to the mercantile part of our fellow-citizens, that I have thought it my duty to communicate them to both Houses without loss of time. JOHN ADAMS.

UNITED STATES, March 5th, 1798.

PARIS, January 8, 1798.

DEAR SIR: We embrace an unexpected opportunity to send you the " Redacteur," of the fifth instant, containing the Message of the Directory to the Council of Five Hundred, urging the necessity of a law to declare as good prize all neutral ships having on board merchandises and commodities, the production of England, or of the English possessions, that the flag, as they term it, may no longer cover the property. And declaring further that the ports of France, except in case of distress, shall be shut against all neutral ships, which, in the course of their voyage, shall have touched at an English port. Commission has been appointed to report on the Message, and it is expected that a decree will be passed in conformity to it.

A

Nothing new has occurred since our last, in date of the twenty-fourth ultimo. We can only repeat that there exists no hope of our being officially received by this Government, or that the objects of our mission will be in any way accomplished.

We have the honour to be, with great respect, your most obedient servants,

CHARLES C. PINCKNEY,
J. MARSHALL,
E. GERRY.

TIMOTHY PICKERING, Esq.

[TRANSLATION.]

Message of the Executive Directory to the Council of Five Hundred, of the 15th Nivose, 6th year, (4th January, 1798.)

Citizen Representatives: To-day, the 15th Nivose, and at the very hour at which the Executive Directory addresses this Message to you, the municipal administrators, the justices of the peace, the commissaries of the Directory, and the supervisors of the customs, are pro ceeding, in all the chief places of the departments, and in all the principal communes of the Republic, to seize the English merchandise now in France, or introduced upon its territory in contravention of the law of the 10th Brumaire, 5th year (October 31, 1796.)

Such is the first act by which, when peace is given to the Continent, the war declared a long time since against England is about to assume its genuine character. The French will not suffer a Power, which strives to found its prosperity upon the misfortune of other nations, to raise its commerce upon the ruin of that of other people, and which, aspiring to the domination of the seas, wishes to introduce, every where, articles of its own manufacture, and to receive nothing from foreign industry, any longer to enjoy the fruit of its culpable speculations.

The English Government has kept in pay, during the war, the coalesced forces, with the produce of her manufactories. It has violated all the principles of the law of nations, in order to shackle the relations of neutral Powers: it has caused to be seized the provisions, grain, and commodities, which it supposed to be destined for France:

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it has declared contraband everything which it thought useful to the Republic: it desired to starve it. All the citizens demand vengeance upon it.

When it had to fear the capture of vessels sailing under its flag, it corrupted foreign Captains to induce them to take on board their vessels English merchandise, and thus to introduce it, by cunning, by fraud or otherwise, into foreign States, and especially into the French Republic.

The neutral Powers should have perceived, that, by this conduct, their merchants took a part in the war, and that they lent assistance to one of the belligerent Powers. We serve a party, as well when we procure for him the means of augmenting his forces, as when we unite ourselves to those which he has. The neutral Powers should have perceived, that England, by stopping the vessels of other Powers, laden in their respective ports, and destined for France, by permitting articles coming from her own manufactories alone to circulate, aimed at an extensive commerce, and that it would be necessary to seek reparation for such an attempt.

The ordinance of the marine and the regulation of 1794, have declared to be good prize, the vessels and their cargoes in which is found English merchandise belonging to enemies. These provisions should be extended. The interest of Europe demands it.

The Directory thinks it urgent and necessary to pass a law declaring that the condition of vessels in what concerns their quality of neutral or enemy, shall be determined by their cargo, and that the cargo shall be no longer covered by the flag; in consequence, that every vessel found at sea, having on board English merchandise and commodities, as her cargo, in whole or in part, shall be declared to be good prize, whosoever may be the proprietor of these commodities or merchandise; which shall be reputed contraband for this cause alone, that they come from England or her possessions.

It would be useful to declare at the same time, that, except in the case of distress, the ports of the Republic shall be shut to all foreign vessels, which, in the course of the voyage, shall have entered those of England.

The Executive Directory requests you, Citizen ReprePower can mistake their object, nor complain of them, sentatives, to adopt these measures. No neutral or allied unless it be already delivered up to England. The infal

lible effect of the measure is to enhance the value of the product of their soil and of their industry, to increase the prosperity of their commerce, to repel every thing that comes from England, and essentially to influence the conclusion of the war.

Such are the motives which induce the Executive Di

rectory to invite you, Citizen Representatives, to take the object of this Message into the most prompt consideration. P. BARRAS, President. LAGARDE, Sec. Gen.

This Message, was ordered to be printed, and committed to a Committee of the Whole on the state of the Union.

FOREIGN INTERCOURSE.

The House again resolved itself into a Committee of the Whole, on the bill to provide the means of intercourse with foreign nations; when

Mr. REED rose and spoke as follows: The subject before the committee, I believe, is perhaps generally considered as nearly or quite exhausted. Nothing very new or important is further expect

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Foreign Intercourse.

[MARCH, 1798.

ed however, resolving, so far as possible, to avoid really blameable were; besides, members who berepeating those arguments and observations which long to the House of Representatives are chosen have already, in the opinion of some, been too by districts, or by the State they represent. often repeated, I feel disposed to make a few re- The circle which they more immediately repremarks. sent, and to which they are more particularly reThe object of the amendment under considera-sponsible, is comparatively small, whereas the tion, as I understand it, is to control, or restrain President is chosen by the United States. He the operations of the Executive Department, with represents the whole Union, and to the whole respect to Ministers appointed to officiate at for- Union he is accountable and responsible. His reeign Courts; and this restraint of Executive sponsibility to God and men is of the most serious power is to be effected by reducing the sum, or by and solemn nature; his obligations to the faithful appropriating a less sum than hath been heretofore and proper discharge of duty are the greatest and appropriated for that purpose. motives the strongest conceivable; and, for my own part, I am unwilling to diminish that responsibility, which is, in some sense, our national security and safeguard, by controlling or restraining a power which, I am not suspicious, has ever been abused.

I am sensible it has been insinuated that our political intercourse is too extensive. That this intercourse always has and ever will prove disadvantageous; but, perhaps, these suggestions are without sufficient foundation. We might have been subjected to much greater evils without, and for the want of this intercourse with foreign nations, than we have suffered in consequence

Political as well as commercial intercourse with other nations may possibly be carried to such excess as to operate disadvantageously; and, when not carried to excess, it may be the means of vitiating and injuring some individuals, and, perbaps, some particular places, but the community at large, I apprehend, will be benefited.

The gentleman who brought forward this amendment, and they who have joined with him in the support of it, do not pretend to accuse the President of having violated his Constitutional trust, nor have they adduced any proof to show that the character of persons appointed to the office of Ambassadors is such, or the number so great, as really to endanger the Constitution or the rights and liberties of our country. The pretence is a fear or apprehension of abuse in future, which, in my estimation, is very far from being a reason sufficient to justify the measure in contemplation. Certainly the President is exclusively authorized by the Constitution to nominate Consuls and Am- | of it. bassadors, and, with the advice and consent of the Senate, has an exclusive power to appoint them. What reason have we to think that this duty has not been or will not be discharged faithfully and properly? What reason have we to imagine that if the superintendency and direction of this business were taken into our own hands, it would then be transacted with more fidelity, with more propriety, and safety to our constituents? Have we more information upon this subject? are we more capable of judging rightly with respect to the number, the character, and the grade, of foreign Ministers? Or, is there a greater degree of responsibility and integrity attached to our station than to the Executive Department? These things will not be pretended. I am ready to acknowledge myself deficient in point of suitable information upon this subject, nevertheless, it does appear to me reasonable to suppose, considering the present peculiar state of Europe, our relations and connexions with the European nations, that the number of Ambassadors employed abroad is not too large, nor their grade too high, to manage well the difficult and interesting affairs of our national in

tercourse.

Responsibility is evidently a very important and distinguishing characteristic in a representative Government; and, it must be evident to every one that the President of the United States, in this respect, is placed in a different situation from the House of Representatives. It is, perhaps, a difficult thing to render so numerous a body as the House of Representatives sufficiently responsible. If a majority, or less number of individuals, should at any time be guilty of improper conduct in their Legislative capacity, the blame might be divided among themselves, or possibly be shifted from themselves to other members; so that the people at large could not easily ascertain who the persons

All nations have their improvements and virtues as well as imperfections and vices; a suitable degree of mutual intercourse would, therefore, in all probability, be of mutual advantage. In this way we as a nation may be rendered more respectable abroad; and I am persuaded that the more our foreign Ministers, and also the more the people of this country in general, see and know of other nations, of their manners and customs, of the nature and operations of their Governments, the more highly they will eventually esteem and admire their own.

In America free representative Governments exist, and we hope their existence will be perpetual. This extensive Continent, placed at so great a distance from other Continents, and discovered in so late a period of time, is favorable to the cause of liberty; it has proved an asylum for the oppressed and persecuted of other nations; and, from our political as well as commercial intercourse with other nations and Governments, they as well as we may be essentially improved and benefited.

Gentlemen in favor of the amendment now before the committee have urged its importance and the necessity of its being adopted at this time, in order to check, as they pretend, a very dangerous patronage arising from the exercise of Executive power, in appointing foreign Agents and Ambassadors. To me the suspicion appears totally unfounded. I can discover no alarming prospect of this kind. Corruption is not congenial to our

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Government, nor is it requisite to support and render popular any part of its administration. Our State Governments preclude the necessity of many offices in the General Government. These offices are, comparatively, but few, and none of them very lucrative. No person, in or out of office, can reasonably expect to secure any real and lasting popularity by corrupting others, or by being himself corrupted.

If our Government had been founded in usurpation and upon arbitrary and oppressive principles, then it might have needed a variety of vicious measures for its establishment; then we might expect that the administrators would' address themselves to the passions, to the avarice, and ambition of its subjects; then every species of artifice and intrigue, political and religious tests, with hereditary and exclusive privileges, might be necessary for the support of the Administration.

But the Constitution and Government of the United States need none of these means for its support. Formed by a free and enlightened people upon the noble basis of equal rights and privileges, it can only be supported by just and equitable laws, fairly and impartially executed. The President in his appointments cannot be supposed under the influence of favoritism. Every motive will induce him to have a proper regard, not only to abilities and information, but also to real and substantial merit and integrity of character. I apprehend we have no reason to doubt but that such men will be appointed by the Executive to the several offices, as, in their honest judgment, are best qualified and disposed to discharge the respective duties with the greatest propriety and most general acceptance to the people.

Under these and similar impressions the object of the amendment apppears to me not only unnecessary, but improper, and accordingly contrary to the intention and spirit of the Constitution. We find no violation of Constitutional trust in the Executive; no flagrant abuse of power is pretended; no instance of improper conduct which can, in the least degree, justify the measure in contemplation.

The method which gentlemen who advocate the measure propose for restraining the exercise of Executive power is, by reducing the sum heretofore appropriated for the support of foreign Ministers. In considering this proposition, a Constitutional question has been brought into view, different opinions have been advanced, and these opinions have been variously expressed. I feel, therefore, disposed to express my own opinion also, and in my own way, on this occasion, with respect to the doctrine of appropriations.

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or of refusing to make appropriations; but in certain cases, and in the present case, some pretend this House has not the moral power to refuse, or to appropriate a less sum than has been heretofore appropriated for the like purpose. If by moral power is here meant the right of doing a wrong and improper action, certainly no individual, or body of men, can possess this right in any case whatsoever. There is no dispute here, and for myself I believe it would be wrong and highly improper and inexpedient to reduce the sum proposed to be appropriated, according to the object of the amendment. But, if by moral power be meant the right of judging when and how the physical power ought to be exercised, (and I think this must be the meaning, if it means anything,) the right undoubtedly belongs to the Legislature. The Constitution has no where said the Legislature shall not exercise this power, nor has the Constitution said the right of exercising this power shall be vested in any other department of the Government.

In this view of the subject I do consider the Constitutional power of appropriating money as a sacred trust committed by the people of the United States to the discretion of the Legislative branch of Government. This power or trust is not to be wantonly abused and trifled with, but exercised according to the principles of justice and good faith-of sound wisdom and policy. In the exercise of this power there will sometimes be a difference of opinion among the members of the Legislature, but it is to be presumed that a majority will decide rightly, and legislate with propriety.

I am sensible it may be objected that this power might be so exercised as to frustrate the most important Executive measures, and even stop the wheels of Government. It may also be said that if the Senate should refuse to concur with the House of Representatives, or the House of Representatives refuse to concur with the Senate, în making and repealing laws, then there would be an end of legislation, and the wheels of Government be entirely stopped.

The same unhappy effects would ensue if the Executive department should interfere with the Legislative, or refuse to discharge its particular duties.

But these evils are not predicated upon a Constitutional existence of power; they are predicated upon a presupposed possible abuse of power. Such abuses, I conceive, ought not to be thus anticipated. If they ever should arise, then will be the proper time to correct them; and, in the mean while, each branch of the Government should lay aside unreasonable jealousies, and have a suitable confidence in all the other branches.

The Constitution says, no appropriation of money shall be made but by law. An appropriation is a law, or act of the Legislature, appropriating Each department of the Government is equala sum of money for some particular purpose. Aly important, and equally dear to the people of the legislative act is, in its nature, voluntary and deliberative. Every member of the Legislature possesses the right of deliberating and deciding for himself.

It is acknowledged by all that the Legislature has what is termed the physical power of making

United States; and their mutual co-operation is necessary to the public welfare.

The President and members of Congress are all chosen by the people. The Government is theirs, and in their hands, as clay is in the hands of the potter, and we must hope and expect that

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