no longer obligatory upon the Federal Government, in consequence of the violation of the treaty on the part of France, and the oft-repeated depredations inflicted upon American commerce by that nation. This was a most important step for France. Among the most cherished stipulations of this treaty was a guaranty of the French possessions in America. The preamble to the act of Congress was in the following language:-"Whereas, the treaties concluded between the United States and France have been repeatedly violated on the part of the French Government, and the just claims of the United States for reparation of injuries committed have been refused, and attempts to negotiate an amicable adjustment of the complaints between the two nations have been repelled with indignity; and there is, by authority of the French Government, still pursued against the United States a system of predatory violence, infracting the said treaties, and hostile to the rights of a free and independent nation, therefore," &c.

This was justly considered a violation of the Constitution and a violent assumption of power on the part of Congress. It presents the melancholy spectacle of the early disposition of the majority to violate that sacred instrument, which each and every member of the General Government had sworn to obey; whilst history has proved that this was but an initiatory step to that ruthless disregard of the Constitution which has so often blackened the record of party questions, and stained indelibly the character of many of the most prominent men of the United States.

It was contended by the majority that the Constitution did not forbid the Legislature from abrogating a treaty. Nor does it; yet none will say Congress can do those things not prohibited by the Constitution. It was contended this treaty had been frequently violated by France; the violation of treaties is a casus belli; and as Congress could declare war, which will always amount to an abrogation of a treaty, that it might directly do that which it might indirectly effect. Yet they seemed to forget that a state of war necessarily destroys all treaties among hostile nations, and that its abrogation was in accordance with the doctrine of the law of nations. treaty, the majority said, had been made by Congress under the Articles of Confederation, which were then no more; yet it was forgotten that we stood pledged to fulfill with good faith

VOL. I.-12

This

the works of the Articles of Confederation, from whose loins the Federal Constitution had sprung, and whilst the form of our Government had been modified and remodeled, yet the nation and the people were the same. Congress can do nothing but by explicit grant contained in the Constitution, or some power implied as necessary to carry out some specified grant. It is impossible even for the treaty-making power to destroy a treaty, with any show of reason or right, on the grounds that it can make the treaty, and therefore it can unmake at will what it has made; a treaty may be annulled by consent of contracting parties, it may be abrogated by a status belli; but the attempt to set it aside by either contracting party, without the consent of the other, is bad faith and an unmanly retaliation. On the part of the United States there existed this other insuperable objection; no authority could be found in the Constitution for any or all the departments of Government to abrogate a treaty.

This last act of the United States Congress appeared for a while to render negotiation impossible. The French Government felt highly incensed, and multiplied and aggravated the wrong and injury the United States had received at her hands. The French people were surprised and astonished at the movement of the Administration, for they had placed over-confidence in the power of the opposition party, and were utterly unable to comprehend the position of Mr. Adams, who, whilst sanctioning the measures of Congress, was at heart ardently devoted to the peace party, as his subsequent effort fully exhibits.

Feb. 9,

Every feature seemed adverse to negotiation; exasperation acknowledged no limit. The United States frigate Constitution, of thirty-eight guns, under command 1799. of Commodore Truxtun, fell in with, and captured in the West India seas, the French frigate L'Insurgent, of forty guns.

The President had met the Fifth Congress at Philadelphia, in December following. Washington was present for the last time in Philadelphia, for the purpose of consulting in reference to the approaching war, and the organization of the army which he was to command. He was an advocate of the war movement. Hamilton and Governeur Morris had become lukewarm at the supposed tardiness of Adams; whilst the former, in his patriotic zeal, was ready to gird on the sword and the buckler for a contest he thought righteous,

and upon which the interest and honor of his country depended.

Jan. 18,

1799.

The triumvirate ministry had returned with the most unfavorable reports of an adjustment; the United States were unrepresented, and their interest unprotected at the French Court. The Secretary of State had made his report to the President, which had embodied the exact status of the diplomatic relations between the two countries; ample materials for information had apprised the country of the depredations, the bad faith, the inhumanity, the outrage, under which she impatiently stood. The report above mentioned* further exhibited the duplicity of the Directory, and the prostitution of Talleyrand.

1. To exculpate itself from the charge of corruption, as having demanded the douceur, ($222,000,) which was for the pockets of the ministers and members of the Directory.

2. To draw off Mr. Gerry from his colleagues, and to inveigle him into a separate negotiation.

3. The design of France to throw, in case of war, the burden of inducing it on the United States.

This masterly report, conversant as it is with every detail and fact of the late abortive effort, the history of which I have given,-exposed the unfairness of France and the duplicity of her Government, in trying to embarrass the diplomatic relations of the United States and herself, which urged on the war party with us to higher and more determined effort. The administration of Adams, whilst pacific enough, had yet been decided, and its supporters, its leaders, and the most prominent men of the country were attached to the war party.

The situation of John Adams was perplexing; his own party urged him to measures of extremity, whilst the very extremity of the circumstances successfully excited his sympathy and invoked his approbation for war, urged on as he was by the popular clamor of his party.

John Adams, thus perplexed and embarrassed for a while, soon clearly perceived the right path of duty; and the impartial and truthful historian must record his bold and decided stand ultimately taken to support the honor of his country,

* See Report of T. Pickering, Secretary of State, Jan. 18, 1799, vol. i., Amer. State Papers, p. 246, giving a historical account of the efforts of Marshall, Gerry, and Pinckney at negotiation.

by every manifestation of high and determined resolution; yet with a mind open to the advantages of peace, and with a heart ready to respond to every effort at negotiation, as a spectacle of high moral sublimity, which does equal credit to his goodness as a man, and his firmness as a patriot. Whilst the reader will observe many blemishes that obscure the lustre of John Adams's administration, he will likewise turn to this proud stand taken for his country's prosperity as a bright and ever-memorable instance that will relieve his memory from the odium that would so justly transmit it to the execration of posterity.

The dark and dismal cloud of war hung threateningly over the political horizon, yet without loss of character, the voice of reconciliation, starting from its humble whisper across the mighty waters, could be heard and listened to by the President of the United States.

What ought Adams to have done? The nation was incensed and aroused; the party that placed him in his exalted station, in a great degree, caught the spirit of the Republican party, then rapidly becoming powerful, and with those who opposed him, were open-mouthed for war. Many of the ablest defenders of his administration had withdrawn their support and confidence. Hamilton was no longer amidst his councils; Morris had withdrawn from his confidence; Jefferson was plotting his political destruction; whilst Washington stood ready to head the army of his country to the tented field;all this was to be opposed and overcome. The Presidential election was fast approaching; his popularity was at stake, and popular will was against him. Every inducement that could appeal to man's weakness was alluring him on one side; but with those lofty feelings which distinguish the patriot statesman, he despised and trampled down every opposing inducement. He doubtlessly saw that he was inflicting another self-sacrificing blow, as he did; but like a noble martyr he bore it, on this occasion, with heroic fortitude.

During the session of Congress, which had assembled in December, 1798, Adams received intimation from the French Government, through William Vans Murray, the American Minister in Holland, that Envoys would be received at the French Court for the purpose of holding diplomatic intercourse.* After some hesitancy he determined, (though he had

* Stat. Man., vol. i. p. 134.

previously expressed his purpose to have no other diplomatic connection with France, unless he could receive the most satisfactory manifestations of good will,) to appoint another embassy.*

Feb. 26,

1799.

The President, in obedience to the intimation he had received, appointed Mr. Murray, (then Minister to Holland,) Oliver Ellsworth, (then Chief-Justice,) and Patrick Henry, as Envoys to France, who were confirmed by the Senate. Henry, as has been said before, declined, and Governor William R. Davie, of North Carolina, was appointed in his place. Henry, in declining the appointment, thus expressed himself to the President:-"I entertain," said he, "a high sense of the honor done me by the President and Senate. Nothing short of absolute necessity could induce me to withhold my feeble aid from an Administration whose abilities, patriotism, and virtue, deserve the gratitude and reverence of all their fellow-citizens.'

Adams did not consult or inform his cabinet of his intention to make this appointment. When Mr. Pickering, Secretary of State, and Mr. McHenry, Secretary of War, heard of his intention, both urged the President to desist; yet he continued immovable, which served to render permanent the breach that was rapidly forming between him and these two members of his cabinet. The reader has already been informed in an earlier part of this history all about the details of this mission.

When our Envoys reached Paris, the Directory no longer held its corrupt sway over the French. Napoleon was first Consul, and immediately appointed three Commissioners,—his brother Joseph being among the number,-to treat with those sent from the United States. An entire change had taken place in the feelings of the French Government. Talleyrand, who still maintained the post of Minister of Exterior Relations, thus expressed himself to Mr. Murray, in his answer to a letter received from him apprising him of the new appointment:

Floreal 23,

1799.

The Executive Directory being informed of the nomination of Mr. Patrick Henry, Mr. Oliver Ellsworth, and yourself, as Envoys Extraordinary and Ministers Plenipotentiary of the United States to the French Republic, to discuss and terminate all differences which subsist between the two coun

* Bradford's History, p. 99.