Formation of the Union
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Albert Bushnell Hart >> Formation of the Union
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84. AMERICAN NEUTRALITY (1793).
[Sidenote: Neutrality proclamation.]
On April 5, 1793, the news of the outbreak of war was received at
Philadelphia. Washington at once summoned his cabinet for the most
important discussion which it had yet held. Was the United States to
consider itself bound to enter the war and to defend the French West
Indies against Great Britain? Should the President declare that the United
States stood neutral in this contest? The question was new. For the first
time in history there was an independent American power,--a nation so far
removed by distance and by interest from European conflicts that it might
reasonably ask that it should not be drawn into the struggle. Hamilton was
inclined to hold the treaties abrogated by the change of government in
France; Jefferson insisted that they were binding; both agreed that the
President ought to issue a proclamation announcing that the United States
would take no part on either side. The neutrality proclamation, issued
April 22, was therefore an announcement to the world that the United
States stood outside the European system, and might continue friendly
relations with both belligerent powers.
[Sidenote: Genet's mission.]
This attitude was anything but what France had expected. On April 8 a
French minister, Genet, landed in Charleston, armed with a quantity of
blank commissions for privateers. He was a man twenty-eight years old,
whose diplomatic experience had culminated in the disruption of one of the
weaker neighbors of France. He had no doubt that the sympathy of the
American people was with his country. He proposed, therefore, to act as
though he stood upon his own soil: men were enlisted; privateers were
commissioned; prizes were taken in American waters and brought into
American ports for condemnation. Genet advanced northward in a kind of
triumphal procession. Throughout the South and West, Democratic clubs were
organized, modelled on the French Jacobin and other revolutionary clubs.
[Sidenote: Genet and Washington.]
He reached Philadelphia, to be confronted by the Neutrality Proclamation
and by the firmness of the President. His privateers were checked. He does
not appear to have demanded of the United States a fulfilment of the
treaty of 1778, but he did ask for advance payment of money due to France,
and for other favors. To his chagrin, Congress was not to meet until
December, and he insisted in vain that there should be an extra session.
In July Genet proceeded to fit out a captured British vessel, the "Little
Sarah," as a privateer; and, contrary to the remonstrances of the
government and his own implied promise, she was sent to sea. Encouraged by
this success, he determined to make a public appeal to the people to
override the President. His purpose was made known, and his career was at
an end. When the United States asked for his recall, it was cheerfully
accorded by the French government. In three months Genet had contrived to
offend the principal officers of government and to insult the nation. The
current of feeling was thus set toward England.
85. THE JAY TREATY (1794-1796).
[Sidenote: American grievances.]
[Sidenote: Neutral rights.]
Once more the English government neglected the favorable moment for
securing the friendship of the United States. The grievances so much
resented under the Confederation (sec. 56) were continued: the Western
posts were still occupied by the British; American vessels still paid
unreasonable duties in British ports; the West India trade was still
withheld. The war at once led to new aggressions. France and England
throughout sought to limit American commerce by capturing vessels for
violations of four disputed principles of international law. The first was
that provisions are "contraband of war," and hence that American vessels
carrying breadstuffs, the principal export of the United States, were
engaged in an unlawful trade: the United States insisted that only
military stores were "contraband of war." The second limiting principle
was that, after notice of the blockade of a port, vessels bound to it
might be taken anywhere on the high seas: the United States held that the
notice had no validity unless there was an actual blockading force outside
the port. The third principle was the so-called "Rule of 1756," that where
a European country forbade trade with its colonies in time of peace it
should not open it to neutrals in time of war: the United States denied
the right of Great Britain to interfere in their trade with the French and
Spanish colonies. The fourth principle was that a ship might be captured
if it had upon it goods which were the property of an enemy. The United
States asserted that "Free ships make free goods," that a neutral vessel
was not subject to capture, no matter whose property she carried.
[Sidenote: Aggressions on the United States.]
[Sidenote: Impressment.]
[Sidenote: Danger of war.]
On May 9, 1793, the French ordered the capture of vessels loaded with
provisions, although expressly excepted by the treaty of 1778. On June 8
the British issued a similar order; and in November the rule of 1756 was
again put in force by the British government. Captures at once began by
both powers; but the British cruisers were more numerous, did more damage,
and thus inclined public sentiment in the United States against England.
The pacific Jefferson now came forward as the defender of American
interests: Sept. 16, 1793, he sent to Congress a report in which he set
forth the aggressions upon American commerce, and recommended a policy of
retaliation. Meantime a new grievance had arisen, which was destined to be
a cause of the War of 1812. In time of war the commanders of British naval
vessels were authorized to "impress" British seamen, even out of British
merchant vessels. The search of American merchantmen on the same errand at
once began, and was felt by the United States government to be humiliating
to the national dignity. The whole country was outraged by the frequent
seizure of native Americans, on the pretext that they were English born.
Public feeling rose until on March 26, 1794, a temporary embargo was laid,
forbidding vessels to depart from American ports. On April 17, a motion
was introduced to cut off commercial intercourse with Great Britain. On
April 19, therefore, the President appointed John Jay, Chief Justice of
the United States, as a special envoy to make a last effort to adjust
matters in England. Nevertheless, the non-inter course bill passed the
House, and was defeated only by Adams's casting vote in the Senate.
[Sidenote: Jay's Treaty.]
Fortunately it was a time when communication with Europe was slow. Not
until June did Jay reach England. A treaty was negotiated on November 19,
but was not received by Washington until after the adjournment of Congress
in March, 1795. The treaty had indeed removed some old grievances: the
posts were to be evacuated; commissions were to settle the northeast
boundary, and to adjust the claims for the British debts; but Jay got no
indemnity for the negroes carried away by the British in 1783. The
commercial clauses were far less favorable: the discriminating taxes
against American shipping were at last withdrawn; but Jay was unable to
secure any suitable guarantee for neutral trade, and could obtain no
promise to refrain from searching American merchantmen, or seizing
English-born sailors found thereon. Above all, the West India trade, which
the United States so much desired, was granted only with the proviso that
it should be carried on in vessels of less than seventy tons burden. In
return for these meagre concessions, granted only for twelve years, the
United States agreed not to export to any part of the world "molasses,
sugar, coffee, cocoa, or cotton."
[Sidenote: Excitement in the United States.]
A special session of the Senate was summoned in June, 1795. and with great
difficulty the necessary two-thirds majority was obtained. The twelfth
article, containing the West India and the export clauses, was
particularly objectionable, and the Senate struck it out. During the
remainder of the year there was the fiercest popular opposition; the
commercial and ship-building interest felt that it had been betrayed; Jay
was burned in effigy; Hamilton was stoned at a public meeting; State
legislatures declared the treaty unconstitutional. Washington was attacked
so fiercely that he said the language used "could scarcely be applied to a
Nero, to a notorious defaulter, or even to a common pickpocket." When
Congress met in 1795 an effort was made to prevent the necessary
appropriations for carrying out the treaty. It was only the great personal
popularity of Washington that saved the country from a repudiation of the
treaty and a war with England. Once in force, the treaty was found
moderately favorable. Our commerce increased, and captures were much
diminished.
86. THE WHISKEY REBELLION (1794).
[Sidenote: The excise unpopular.]
[Sidenote: Outbreak.]
During this year of excitement a serious outbreak had occurred in
Pennsylvania. Ever since the first Excise Act in 1791 (sec. 76), there had
been determined opposition to the collection of the whiskey tax. The
people of southwestern Pennsylvania were three hundred miles from tide-
water; and whiskey was the only commodity of considerable value, in small
bulk, with which they could purchase goods. The tax, therefore, affected
the whole community. In 1792 the policy pursued at the beginning of the
Revolution was brought into action: mobs and public meetings began to
intimidate the tax-collectors. In 1794 the difficulties broke out afresh,
and on July 17 the house of Inspector-General Neville was attacked by a
band of armed men; one man was killed, and the house was burned. Great
popular mass meetings followed, and a few days later the United States
mail was robbed.
[Sidenote: Suppression.]
As this violence was directed against the revenue laws, Hamilton made it
his special task to suppress it. On September 25 the President called out
the militia from Pennsylvania, New Jersey, Maryland, and Virginia.
Hamilton himself accompanied the troops, fifteen thousand in number; they
marched over the mountains, and reached the disaffected country at the end
of October. The insurgents made no stand in the field, and the troops
returned, after making a few arrests.
The matter now went to the courts. Six persons were indicted for treason,
of whom two, Vigol and Mitchell, were convicted. They were rough and
ignorant men, who had been led into the outbreak without understanding
their own responsibility, and Washington pardoned them both. In July,
1795, a general amnesty was proclaimed.
[Sidenote: Effect.]
The effect of the whole movement was to make it evident throughout the
nation that the United States had at its disposal a military force
sufficient to put down any ordinary insurrection. In his message on the
subject on Nov. 19, 1794, Washington alluded to "combinations of men who
have disseminated suspicions, jealousies, and accusations of the whole
government." The Senate applied these words to "self-created societies."
The allusion was to the Democratic clubs, founded in 1793 when Genet came
to the country (sec. 84), and still in existence. The effect of Washington's
criticism was to break down the societies and to check a movement which
looked toward resistance to all constituted government. The opposition
were compelled to take a less objectionable party name, and began to call
themselves Republicans.
87. ELECTION OF JOHN ADAMS (1796).
[Sidenote: Washington retires.]
[Sidenote: Nominations.]
On Sept. 17, 1796, Washington, in a public address, announced that he
should not accept a re-election. The presidency had been irksome to
Washington, and the personal attacks upon himself had grieved him; but he
retired with the admiration and respect of the whole country. The
selection of a successor at once became a party question. Jefferson, who
had resigned the office of Secretary of State at the end of 1793, was the
natural leader of the Republicans. John Adams, then Vice-President, had
the largest Federalist following; but Hamilton hoped, by an electoral
trick, to bring T. Pinckney, the candidate for Vice-President, in over his
head. Adams candidly expressed his opinion of this intrigue: "That must be
a sordid people indeed, a people destitute of a sense of honor, equity,
and character, that could submit to be governed and see hundreds of its
most meritorious public men governed by a Pinckney under an elective
government."
[Sidenote: Adams and Jefferson.]
The danger was not, however, from Pinckney, but from Jefferson. When the
votes were counted it was found that Adams had received the vote of the
Northern States, with Delaware and a part of Maryland; but that Jefferson
had received almost the whole vote of the South and of Pennsylvania. Adams
became President by a vote of seventy-one, and Jefferson Vice-President by
a vote of sixty-eight. The two men had been associated in early years, and
were not unfriendly to each other. There was even a hint that Jefferson
was to be taken into the cabinet. As soon as the administration began, all
confidence between them was at an end. The same set of elections decided
the membership of Congress to serve from 1797 to 1799; the Senate remained
decidedly Federalist; in the House the balance of power was held by a few
moderate Republicans.
[Sidenote: Adams's cabinet.]
Adams considered himself the successor to the policy of Washington, and
committed the serious mistake of taking over his predecessor's cabinet.
Hamilton retired in 1795; he had been replaced by his friend and admirer,
Oliver Wolcott; the Secretary of State was Timothy Pickering of
Pennsylvania: both these men looked upon Hamilton as their party chief.
The administration began, therefore, with divided counsels, and with
jealousy in the President's official household.
88. BREACH WITH FRANCE (1795-1798).
[Sidenote: Monroe's mission.]
While the war-cloud with England was gathering and disappearing, new
complications had arisen with France. The Jay treaty was received by that
power as an insult, partly because it was favorable to her rival, partly
because it removed the danger of war between England and the United
States. In 1795 the first period of the Revolution was over, and an
efficient government was constituted, with an executive directory of five.
James Monroe, appointed minister to France, had begun his mission in
September, 1794, just after the fall of Robespierre; he appeared in the
National Convention, and the president of that body adjured him to "let
this spectacle complete the annihilation of an impious coalition of
tyrants." During Jay's negotiations he continued to assure the French of
the friendship of America, although the Directory speedily declared that
Jay's treaty had released France from the treaty of 1778. As Monroe made
no effort to push the American claims for captured vessels, he was
recalled in disgrace in 1796, and C. C. Pinckney was appointed as his
successor.
[Sidenote: Pinckney rebuffed.]
Three weeks after his inauguration Adams received a despatch from Pinckney
announcing that he had been treated as a suspected foreigner, and that
official notice had been given that the Directory would not receive
another minister from the United States until the French grievances had
been redressed. A special session of Congress was at once summoned, and
the President declared that "the action of France 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." Headstrong behavior on the President's part would have
immediately brought on war; but he had already made up his mind to send a
special mission to France. In June, 1797, John Marshall and Elbridge
Gerry, a Republican, but a personal friend of the President, were sent out
to join Pinckney in a final representation.
[Sidenote: X. Y. Z. affair.]
It was nearly a year before news of the result was received. On April 2,
1798, the President communicated the despatches revealing the so-called
"X. Y. Z. affair." It appeared that the envoys on reaching Paris, in
October, 1797, had been denied an official interview, but that three
persons, whose names were clouded under the initials X. Y. Z., had
approached them with vague suggestions of loans and advances; these were
finally crystallized into a demand for fifty thousand pounds "for the
pockets of the Directory." The despatch described one conversation.
"'Gentlemen,' said X., 'you do not speak to the point. It is money. It is
expected that you will offer money.' We said that we had spoken to that
point very explicitly, that we had given an answer. 'No,' he replied, 'you
have not. What is your answer?' We replied, 'It is No, no, no; not a
sixpence.'" The President concluded with a ringing paragraph which summed
up the indignation of the American people at this insult. "I will never
send another minister to France without assurances that he will be
received, respected, and honored as the representative of a great, free,
powerful, and independent nation."
[Sidenote: Naval war with France.]
The Republican opposition in Congress was overwhelmed and almost silenced.
A succession of statutes in April, May, and June hurried on military and
naval preparations, and on July 7, 1798, American vessels of war were
authorized to attack French cruisers. On Feb. 9, 1799, the "Constellation"
took the French frigate "Insurgente," and American cruisers and privateers
had the satisfaction of retaliating for the numerous captures of American
vessels by preying on French commerce. Measures were taken to raise land
forces; but here again the rift in the Federal party appeared. Washington
was made titular commander-in-chief. It was expected that operations would
be directed by the second in command, and Hamilton's friends insisted that
he should receive that appointment. With great reluctance Adams granted
the commission, the result of which was the resignation of Knox, who had
been third on the list.
89. ALIEN AND SEDITION ACTS (1798).
[Sidenote: Triumph of the Federalists.]
[Sidenote: Alien Act.]
For the first and last time in his administration John Adams found himself
popular. From all parts of the country addresses were sent to the
President approving his patriotic stand. The moderate Republicans in the
House were swept away by the current, and thus there was built up a
compact Federalist majority in both houses. It proceeded deliberately to
destroy its own party. The newspapers had now reached an extraordinary
degree of violence; attacks upon the Federalists, and particularly upon
Adams, were numerous, and keenly felt. Many of the journalists were
foreigners, Englishmen and Frenchmen. To the excited imagination of the
Federalists, these men seemed leagued with France in an attempt to destroy
the liberties of the country; to get rid of the most violent of these
writers, and at the same time to punish American-born editors who too
freely criticised the administration, seemed to them essential. This
purpose they proposed to carry out by a series of measures known as the
Alien and Sedition Acts. A naturalization law, requiring fourteen years
residence, was hurried through. On April 25 a Federalist introduced a
temporary Alien Act, for the removal of "such aliens born, not entitled by
the constitution and laws to the rights of citizenship, as may be
dangerous to its peace and safety." The opposition, headed by Albert
Gallatin, made a strong appeal against legislation so unnecessary,
sweeping, and severe. The Federalists replied in panic fear: "Without such
an act," said one member, "an army might be imported, and could be
excluded only after a trial." To the details of the bill there was even
greater objection. It conferred upon the President the power to order the
withdrawal of any alien; if he refused to go, he might be imprisoned at
the President's discretion, Nevertheless, the act, limited to two years,
was passed on June 25, 1798. Adams seems to have had little interest in
it, and never made use of the powers thus conferred.
[Sidenote: Sedition Act.]
[Sidenote: Sedition prosecutions.]
The Sedition Act was resisted with even greater stubbornness. It proposed
to punish persons who should conspire to oppose measures of the
government, or to intimidate any office-holder. The publishing of libels
upon the government, or either house, or the President, was likewise made
a crime. Against this proposition there were abundant arguments, on
grounds both of constitutionality and expediency. It introduced the new
principle of law that the United States should undertake the regulation of
the press, which up to this time had been left solely to the States. That
its main purpose was to silence the Republican journalists is plain from
the argument of a leading Federalist: the "Aurora," a Republican organ,
had said that "there is more safety and liberty to be found in
Constantinople than in Philadelphia;" and the "Timepiece" had said of
Adams that "to tears and execrations he added derision and contempt." It
is impossible to agree with the member who quoted these extracts that
"they are indeed terrible. They are calculated to freeze the blood in the
veins." The Sedition Act was to expire in 1801. It was quickly put into
operation, and one of the prosecutions was against Callender, known to be
a friend of Jefferson; he was indicted and convicted for asserting among
other things that "Mr. Adams has only completed the scene of ignominy
which Mr. Washington began." So far from silencing the ribald journalists,
the Act and its execution simply drew down worse criticism. On the other
hand, the Federalist press, which had been hardly inferior in violence,
was permitted to thunder unchecked. The Alien and Sedition Acts were party
measures, passed for party purposes; they did not accomplish the purposes
intended, and they did the party irreparable harm.
90. VIRGINIA AND KENTUCKY RESOLUTIONS (1798-1800).
[Sidenote: Danger of disunion.]
[Sidenote: Madison's and Jefferson's resolutions.]
The elections of 1798 in the excited state of public feeling assured a
Federalist majority in the Congress to sit from 1799 to 1801. The
Republicans felt that their adversaries were using the power of the
federal government to destroy the rights of the people. June 1, 1798,
Jefferson wrote to a friend who thought that the time was come to withdraw
from the Union; "If on the temporary superiority of one party the other is
to resort to a scission of the Union, no federal government can exist."
The remedy which lay in his mind was an appeal to the people through the
State legislatures. In November and December, 1798, two series of
resolutions were introduced,--one in the Virginia legislature, the other
in the Kentucky legislature; the first drawn by Madison, and the second by
Jefferson's own hand. They set forth that the Constitution was a compact
to which the States were parties, and that "each party has an equal right
to judge for itself as well of infractions as of the mode and measure of
redress." The Alien and Sedition Acts and some other statutes were
declared by Kentucky "not law ... void and of no effect;" and the other
States were called upon to unite in so declaring them void, and in
protesting to Congress. For the first time since the Constitution had been
formed, a clear statement of the "compact" theory of government was now
put forth. It was a reasonable implication from these resolutions that if
the Federalist majority continued to override the Constitution, the States
must take more decisive action; but the only distinct suggestion of an
attack on the Union is found in a second series of Kentucky resolutions,
passed in 1799, in which it is declared that "nullification ... of all
unauthorized acts ... is the rightful remedy."
[Sidenote: Purpose of the resolutions.]
The constitutional doctrine in these resolutions was secondary. The real
purpose was to arouse the public to the dangerous character of the
Federalist legislation. Madison, many years afterward, explained that he
meant only an appeal to the other States to unite in deprecation of the
measures. The immediate effect was to set up a sort of political platform,
about which the opponents of the Federalists might rally, and by the
presentation of a definite issue to keep up the Republican organization
against the electoral year 1800.
91. ELECTION OF 1800-1801.
[Sidenote: Peace with France.]
[Sidenote: Breach in the party.]
The Alien and Sedition Acts had quickly destroyed all Adams's popularity
in the Republican party; his later action deprived him of the united
support of the Federalists. War with France was pleasing to them as an
assertion of national dignity, as a protest against the growth of
dangerous democracy in France, and as a step toward friendship or eventual
alliance with England. Early in 1799 Talleyrand intimated that a minister
would now be received from the American government. Without consulting his
cabinet, with whom Adams was not on good terms, the President appointed an
embassy to France. Early in 1800 they made a favorable treaty with France:
better guarantees were secured for American neutral trade; the old
treaties of 1778 were practically set aside; and the claims of American
merchants for captures since 1793 were abandoned, This last action gave
rise to the French Spoliation Claims, which remained unsettled for nearly
a century thereafter, Adams's determination to make peace was
statesmanlike and patriotic, but it gave bitter offence to the warlike
Federalists. In May, 1800, Adams found his cabinet so out of sympathy that
he removed Pickering, Secretary of State, and appointed John Marshall.
This meant a formal breach between the Adams and the Hamilton wings of the
party.
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