given to Congress; but to obviate this objection, the consent of the states through whose territories the road was to pass, (Maryland, Virginia and Ohio,) was first required. Yet if Congress had not the power of making roads, as was contended, the consent of these states could not give it. This question continued to be long afterwards a subject of con troversy between those who were severally disposed to a strict and a literal construction of the constitution. But perhaps the strongest arguments against the power are to be found in the mischiefs likely to arise from its inexpediency; by its being a source of local jealousy and heart-burning; by its presenting the means of wasting the national resources in expensive and improvident undertakings; by its great extension of the influence of the federal government and by its furnishing the means of bribing and influencing individual states with the money of the whole.

The constitution having restrained Congress from prohibiting the importation of slaves before 1808, it was considered that this did not prevent a tax from being laid on such importation, and accordingly one of ten dollars on each slave imported was proposed. But while most of the members from the slave-holding states looked forward with great satisfaction to the time when Congress could constitutionally prevent the further increase to this class of their population, they were extremely unwilling to see any other legislation on the subject, by those who had no common interest or feeling with them concerning it. After several propositions to reject or postpone the bill, which failed by a vote of two thirds of the House, it was, on the third reading, recommitted, and though afterwards reported with amendments, it was found so unpalatable to a large portion of the House, that it was never finally acted on.

A proposition, which had been made at the preceding session, to amend the constitution so that any judge of a

federal court might be removed by the President, on the joint application of the two houses of Congress, was renewed at the present session, and after the disagreement to the proposition in committee of the whole, the motion to postpone it indefinitely was rejected by a large majority. No further steps were taken on the subject; and probably, from the disagreement between the votes in the House and those in committee of the whole, the decision was deemed too uncertain to be pressed either by its friends or opposers.

On the 19th of February, the President communicated information of the progress of the expedition under Lewis and Clarke, by which it appeared that they had ascended the Missouri by the 1st of November, 1804, as far as the Mandan villages, 1609 miles from the mouth of the river, and having wintered there, had, on the 7th of April, 1805, proceeded up the river. He sent also a map of the Missouri, and some statistical details of the Indians and their

commerce.

At the close of the session memorials were received by the Senate from William G. Smith and Samuel G. Ogden, of New York, stating that they were under a criminal prosecution for engaging in an expedition lately fitted out by Miranda against Caraccas, that if they had acted contrary to law they had been led into error by the officers of the executive government, who were now endeavouring to bring upon the memorialists the penalties of the law in expiation of their own errors, and to deprecate the vengeance of foreign governments. A large majority of the House voted that these charges were unsupported by evidence, and that they were presented at a time calculated to excite unjust suspicions against the administration. They therefore unanimously agreed that it would be improper to take any steps that would influence a prosecution then depending against the memorialists.

On the 21st of April terminated this session, which, though not unusually long, was one of the most animated and contentious. The House of Representatives now manifestly consisted of three parties, as besides the two known divisions of republicans and federalists, there was a schism of the former, who differed from the administration on some leading points of foreign policy, and who while they voted with the federalists on these questions, and on some collateral points, so as to show a diminished confidence and good feeling towards the executive, took especial care not to be considered by the nation as being merged in the federal party, not only by their general declarations, but by their votes on all questions not involving the policy of the administration, on which occasions they concurred with the republicans. This party consisted principally of members from the Virginia delegation, and were all personally intimate with Mr. Randolph. The same party afterwards received a great accession of strength in Virginia, by bringing forward Mr. Monroe as a candidate for the presidency, in opposition to Mr. Madison, and it was not until the reconciliation of these gentlemen by the good offices of Mr. Jefferson, that its ranks were broken as a party, and that some of the scattered fragments united with the federalists, in opposition to the war and all the leading measures of the administration which preceded it.

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CHAPTER IX.

Efforts to make the purchase of Florida. Embassy to France, Letter to Wilson C. Nicholas. Disposition of parties towards England and France. Policy of the administration. Letter to William DuaneTo the Emperor of Russia. Rival candidates for the presidency. Letter to Mr. Monroe. Negotiation with England. The appropriation of two millions. Letter to Mr. Gallatin. Annual message. Proposes amendments to the Constitution. Repeal of non-importation law. Burr's projects. Measures of the administration to defeat them. Bill for suspending the Habeas Corpus passes the Senate-Rejected by the House. System of national defence. Suppression of African Slave trade. Letter to John Dickinson-To Wilson C. Nicholas.

1806-1807.

LET us turn to the measures of the administration abroad. As soon as Congress had decided on making the appropriation of two millions for the purchase of Florida, the President determined on making a last effort to effect an amicable settlement at Paris of all matters of dispute with Spain. He appointed General Armstrong, of New York, and Mr. Bowdoin, of Massachusetts, joint commissioners for that purpose, and proposed to add Colonel Wilson C. Nicholas, of Virginia, as a third. But on that gentleman's declining the mission, the whole was left to the management of the two first. In a subsequent letter he remarks to Colonel Nicholas, that, " an unjust hostility against General Armstrong will, I am afraid, show itself whenever any treaty made by him shall be offered for ratification." He regrets the absence of his former senators, Mr. Giles and Colonel Nicholas himself. "A majority of the Senate," he says, "means well. But Tracy and Bayard are too dex

terous for them, and have very much influenced their proceedings. Tracy has been of nearly every committee during the session, and for the most part the chairman, and of course drawer of the reports. Seven federalists voting always in phalanx, and joined by some discontented republicans, some oblique ones, some capricious, have so often made a majority, as to produce very serious embarrassment to the public operations; and very much do I dread submitting to them, at the next session, any treaty which can be made with either England or Spain, when I consider that five joining the federalists can defeat a friendly settlement of our affairs."* Alluding to Randolph's late course, he remarks," the defection of so prominent a leader threw them into dismay and confusion for a moment; but they soon rallied to their own principles, and let him go off with five or six followers only. One half of these are from Virginia. His late declaration of perpetual opposition to this administration drew off a few others who at first had joined him, supposing his opposition occasional only and not systematic. The alarm the House has had from this schism, has produced a rallying together and a harmony, which carelessness and security had begun to endanger."

It would seem that the ostensible grounds of division among the republican party were as to the course to be pursued towards England and Spain. Many of those who had once warmly espoused the cause of France, as that of civil liberty, and who had even found forgiveness or excuse for the worst excesses of the revolution, had greatly cooled in their affection after Bonaparte had been permitted to exercise his sovereign power under the title of first consul. But when he threw aside the forms and name of a repub

* The Senate then consisted of thirty-four members, and two thirds being necessary to the ratification of a treaty, it of course required twenty-three members.