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Ques. VIII. Does the war in which France is engaged appear to be offensive or defensive on her part? or of a mixed and equivocal character?

Ques. IX. If of a mixed and equivocal character, does the guarantee in any event apply to such a war?

Ques. X. What is the effect of a guarantee, such as that to be found in the treaty of alliance between the United States and France?

Ques. XI. Does any article in either of the treaties prevent ships of war, other than privateers, of the powers opposed to France, from coming into the ports of the United States to act as convoys to their own merchantmen? or does it lay any other restraints upon them more than would apply to the ships of war of France?

Ques. XII. Should the future regent of France send a minister to the United States, ought he to be received?

Ques. XIII. Is it necessary or adviseable to call together the two houses of congress with a view to the present posture of European affairs? if it is, what should be the particular objects of such a call?

NOTE-No. X.

The official letter announcing to the convention the appointment of Mr. Genet, contained a communication of a very delicate nature, which was immediately made public. That the French government had not mingled with its desire to separate America from Britain, a willingness to see the United States acquire a degree of strength which might render them truly independent, and formidable to their neighbours, though well known to congress, had been concealed from the people at large. It seems, therefore, to have been apprehended by the leaders of the revolution in France, that some remnant of that affection which had been so lavishly expressed for their fallen monarch while exercising sovereign power, might still be cherished in the American bosom, and might obstruct the endeavours they were about to make to produce a more intimate connexion between the two nations. It might be supposed that such sentiments, if they existed, would be effectually destroyed by a disclosure of the motives which had influenced the conduct of those by whom the aids so highly valued had been granted. The letter alluded to contains this passage: "From the instructions that were given by the former ministry to the agents in that country (America) which the executive council caused to be laid before them, they have seen with indignation, that at the very time when the good people of America expressed to us their friendship and gratitude in the most affectionate manner, Vergennes and Montmorin thought, that it was not suitable to France to give to America all the consistence of which it was capable, because it would acquire a strength which it might probably abuse. They, therefore, enjoined on their agents a passive conduct in regard to that nation, and to speak of nothing but the personal views of the king for its prosperity. The operations of war were directed by the same Machiavelian maxims. The same duplicity was employed in the negotiations of peace; in which, when signed, the people for whom we had taken up arms were altogether neglected." The official letter brought by Mr. Genet, to the executive of the United States, conveyed in less explicit terms the same idea; and to prove the correctness of these allegations, he communicated copies of official documents expressing in plain terms the solicitude of France and Spain to exclude the United States from the Mississippi; their jealousies of the growing power and ambition of this country; and the wish of France, expressed while the question was pending, that the constitution might not be adopted, as it "suits

any, were quickly repaired; and those measures which the state of things rendered most adviseable, were seldom, if ever, neglected. Inferior to his adversary in the numbers, in the equipment, and in the discipline of his troops, it is evidence of real merit that no great and decisive advantages were ever obtained over him, and that the opportunity to strike an important blow never passed away unused. He has been termed the American Fabius; but those who compare his actions with his means, will perceive at least as much of Marcellus as of Fabius, in his character. He could not have been more enterprising, without endangering the cause he defended, nor have put more to hazard, without incurring justly the imputation of rashness. Not relying upon those chances which sometimes give a favourable issue to attempts apparently desperate, his conduct was regulated by calculations made upon the capacities of his army, and the real situation of his country. When called a second time to command the armies of the United States, a change of circumstances had taken place, and he meditated a corresponding change of conduct. In modelling the army of 1798, he sought for men distinguished for their boldness of execution, not less than for their prudence in counsel, and contemplated a system of continued attack. "The enemy," said the General in his private letters," must never be permitted to gain foothold on our shores."

In his civil administration, as in his military career, ample and repeated proofs were exhibited of that practical good sense, of that sound judgment, which is perhaps the most rare, and is certainly the most valuable quality of the human mind. Devoting himself to the duties of his station, and pursuing no object distinct from the public good, he was accustomed to contemplate at a distance those critical situations in which the United States might probably be placed; and to digest, before the occasion required action, the line of conduct which it would be proper to observe. Taught to distrust first impressions, he sought to acquire all the information which was attainable, and to hear, without prejudice, all the reasons which could be urged for or against a particular measure. His own judgment was suspended until it became necessary to determine; and his decisions, thus maturely made, were seldom if ever to be shaken. His conduct therefore was systematic, and the great objects of his administration were steadily pursued.

Respecting, as the first magistrate in a free government must ever do, the real and deliberate sentiments of the people, their gusts of passion passed over, without ruffling the smooth surface of his mind. Trusting to the reflecting good sense of the nation for approbation and support, he had the magnanimity to pursue its real interests, in opposi

15th. May the succeeding generation wonder that such beings as kings were ever permitted to exist.

Volunteer from the chair.

The rule of proportion; as France acted with respect to America, so may America act with respect to France!

NOTE-No. XII.

Of the sensibility of the president to the calumnies against his administration with which the press abounded, and of their new direction against him personally, his correspondence furnishes but few evidences. The first and almost only notice taken of them is in a private letter of the 21st of July, to his friend General Lee, then governor of Virginia, an extract from which follows:

"That there are in this, as in all other countries, discontented characters I well know; as also that these characters are actuated by very different views:-Some good, from an opinion that the measures of the general government are impure;— some bad, and (if I might be allowed to use so harsh an expression) diabolical, inasmuch as they are not only meant to impede the measures of that government generally, but more especially to destroy the confidence which it is necessary the people should place (until they have unequivocal proof of demerit) in their public servants :for in this light I consider myself whilst I am an occupant of office; and if they were to go further and call me their slave, during this period, I would not dispute the point with them. But in what will this abuse terminate?

"For the result, as it respects myself, I care not. I have a consolation within of which no earthly efforts can deprive me;-and that is, that neither ambitious nor interested motives have influenced my conduct. The arrows of malevolence, therefore, however barbed and pointed, can never reach my most valuable part; though, whilst I am up as a mark, they will be continually aimed at me. The publications in Freneau's and Bache's papers are outrages on common decency; and they progress in that style in proportion as their pieces are treated with contempt, and passed over in silence by those against whom they are directed. Their tendency, however, is too obvious to be mistaken by men of cool and dispassionate minds;—and, in my opinion, ought to alarm them; because it is difficult to prescribe bounds to their effect.

NOTE-No. XIII.

They are as follows:

1st. The original arming and equipping of vessels in the ports of the United States by any of the belligerent parties, for military service, offensive or defensive, is deemed unlawful.

2d. Equipments of merchant vessels, by either of the belligerent parties in the ports of the United States, purely for the accommodation of them as such, is deemed lawful. 3d. Equipments in the ports of the United States of vessels of war in the immediate service of the government of any of the belligerent parties, which if done to other vessels would be of a doubtful nature as being applicable either to commerce or war, are deemed lawful, except those which shall have made prize of the subjects, people, or property of France, coming with their prizes into the ports of the United States pursuant to the seventeenth article of our treaty of amity and commerce with France.

influence upon his conduct. The cause is to be looked for in the texture of his mind.

In him, that innate and unassuming modesty which adulation would have offended, which the voluntary plaudits of millions could not betray into indiscretion, and which never obtruded upon others his claims to superior consideration, was happily blended with a high and correct sense of personal dignity, and with a just consciousness of that respect which is due to station. Without exertion, he could maintain the happy medium between that arrogance which wounds, and that facility which allows the office to be degraded in the person who fills it.

It is impossible to contemplate the great events which have occurred in the United States under the auspices of Washington, without ascribing them, in some measure, to him. If we ask the causes of the prosperous issue of a war, against the successful termination of which there were so many probabilities? of the good which was produced, and the ill which was avoided, during an administration fated to contend with the strongest prejudices, that a combination of circumstances, and of passions, could produce? of the constant favour of the great mass of his fellow citizens, and of the confidence which, to the last moment of his life, they reposed in him? the answer, so far as these causes may be found in his character, will furnish a lesson well meriting the attention of those who are candidates for political fame.

Endowed by nature with a sound judgment, and an accurate discriminating mind, he feared not that laborious attention which made him perfectly master of those subjects, in all their relations, on which he was to decide: and this essential quality was guided by an unvarying sense of moral right, which would tolerate the employment, only, of those means that would bear the most rigid examination; by a fairness of intention which neither sought nor required disguise: and by a purity of virtue which was not only untainted, but unsuspected.

A rule had been entered into by a former congress providing, that on the discussion of confidential communications from the president, the house should be cleared of all persons except the members and clerk. On taking up a confidential message relative to the truce between Portugal and Algiers, the doors as usual were closed. The next day when the subject was resumed, Mr. Nicholas expressed his opinion that there was no necessity for shutting the galleries; upon which the rule was mentioned with a request that it should be read. Mr. Madison moved a reconsideration of this rule. In the course of the debate on the motion, it was said by its advocates that secrecy in a republican government wounds the majesty of the sovereign people-that this government is in the hands of the people—and that they have a right to know all the transactions relative to their own affairs. This right ought not to be infringed incautiously for such secrecy tends to diminish the confidence of the people in their own government.

In reply to these remarks it was said, that because this government is republican, it will not be pretended that it can have no secrets. The President of the United States is the depositary of secret transactions. His duty may lead him to communicate them to the members of the house, and the success, safety, and energy of the government may depend on keeping those secrets inviolable. The people have a right to be well governed. They have interests as well as rights, and it is the duty of the legislature to take every possible measure to promote those interests. To discuss the secret transactions of the government publicly, was the ready way to sacrifice the public interest, and to deprive the government of all foreign information. Afterwards the rule was amended so far as to leave it in the discretion of the house, after receiving a confidential message, to debate upon it in private or in public.

Among the resolutions reported from the committee of the whole house on this occasion, was one for appointing a committee to report the naval force which would be necessary for the protection of the commerce of the United States against the Algerine corsairs, together with an estimate of the expense. It was moved to amend this resolution by adding, “and the ways and means for defraying the same." This motion revived the old party question of calling on the secretary of the treasury to report ways and means. The amendment was carried, Ayes 46. Noes 44.

NOTE-No. XVI.

The private correspondence of Mr. Morris with the president exhibits a faithful picture, drawn by the hand of a master, of the shifting revolutionary scenes which with unparalleled rapidity succeeded each other in Paris. With the eye of an intelligent, and of an unimpassioned observer, he marked all passing events, and communicated them with fidelity. He did not mistake despotism for freedom, because it was sanguinary, because it was exercised by those who denominated themselves the people, or because it assumed the name of liberty. Sincerely wishing happiness and a really free government to France, he could not be blind to the obvious truth that the road to those blessings had been mistaken. It was expected by his enemies that the correspondence which was asked for would disclose something which might be deemed offensive to the rulers of the republic, and consequently furnish additional matter for charging the administration with unfriendliness to France.

The resolution requesting all the correspondence, not even excluding that which the president might think proper to withhold, involved considerations of some delicacy, respecting which it was proper that the rights of the executive should be precisely

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