lishment. The President, after receiving their opinions, weighing their reasons, and examining the subject, deliberately made up his mind in favour of the constitutionality of the law, and gave it the sanction of his name, This question, for many years afterwards, agitated the publick mind, and divided the national councils; yet the subsequent establishment of a national bank, with a capital of thirty-five millions, with the approbation and consent of those heretofore opposed to it on constitutional grounds, must rescue the names of the authors of the first bank from the reproach then cast upon them for a violation of the constitution. Yet none will regret that it was adopted with so much hesitation, and that it led to so serious a discussion of the fundamental principles of our government.

In this year, 1791, Mr. Hammond arrived in the United States as minister from Great Britain. Soon after his arrival, a correspondence commenced between him and Mr. Jefferson, as Secretary of State, on the subjects in controversy between the two countries, particularly concerning the inexecution of the treaty of peace. The British minister having no authority to conclude a commercial treaty, the consideration of that subject was postponed.

In answer to the question put by the American Secretary as to the intentions of the British government in relation to the non-fulfilment of that article of the treaty of peace concerning the surrender of the western posts, the British minister said, that the execution of this article was suspended, in consequence of a breach of the fourth, fifth, and sixth articles, on the part of the United States; and that in all their discussions and

subsequent arrangements, these subjects could not be separated. It was agreed that each should state the particular acts done by the other, supposed to be in contravention of the treaty. Mr. Jefferson commenced on the part of the American government, in December, 1791, by repeating, that the garrisons had not been withdrawn from the western posts, according to the stipulations in the seventh article; that British officers had exercised jurisdiction over the country and inhabitants belonging to the United States in the vicinity of these posts; that American citizens had been excluded from the navigation of the great lakes; and that, contrary to the same article, a great number of negroes, the property of the citizens of the United States, had been carried away at the time of the evacuation of the city of New York.

The supposed infractions on the part of the United States, complained of by the British minister, were, 1. Impediments to the collection of debts contracted before the date of the treaty, by the acts and proceedings of the several states. 2. The non-restitution of the estates of the royalists, confiscated during the war. 3. The prosecution of the royalists, and the confiscation of their property, subsequent to the peace.

A statement of these infractions was made by the British minister, in March, 1792, with a reference to the various acts of the states on these subjects. In May following, an answer to this was given by the American Secretary showing that, with respect to property confiscated by the individual states, the fifth article merely stipulated that Congress should recom mend to the legislatures of the several states, to provide

for its restitution. That Congress had done all in their power, and all they were bound by treaty to do, by recommending a compliance on the part of the states; but that it was left with the states themselves to comply or not, as they might think proper, and that this was so understood by the British negotiators, and by the British ministry, at the time the treaty was completed. He stated that no confiscations had taken place subsequent to the peace. He also claimed, that the first infractions were on the part of the British government, by withholding the western posts, and by the transportation of negroes; and that the delays and impediments which had taken place in the collection of British debts, were justifiable on that account. With respect to the allowance of interest on the debts, during the time the two countries were engaged in war, this, he said, was a point much litigated in the courts, and in some states. were allowed, and in others disallowed.

This answer of the British Secretary was transmitted to the British court by Mr. Hammond; and the new state of things which soon after arose in Europe, prevented a reply, or a renewal of the negotiations in America.

The arrival of citizen Genet in this country as minister from France-his contumacious behaviour while here his arming vessels in our ports, and enlisting American citizens to cruise against nations with whom the United States were at peace and in amity-his claiming a general admiralty jurisdiction, and assuming to try the validity of prizes within our territo ry-his exercising other acts of the highest sovereignty within the same-his projecting a hostile expedi

tion from South Carolina and Georgia against the Floridas, and another against New Orleans and Louisiana from the state of Kentucky-his insulting and insolent communication to the President-his threatened appeal to the publick-the solicitation for his dismissal, and his final recall;—are facts too notorious for detail, and belong rather to the political history of the United States than to this brief biography. Those desirous of full and explicit information on these interesting subjects, can be gratified by consulting the "American State Papers" published under the inspection of Congress. Suffice it for us to say, that in all these transactions, Mr. Jefferson maintained the digni ty of government with firmness and discretion; repelled the sophistry of the Frenchman with success; and the language and conduct he had used in his intercourse with the American government, and the unwarrantable expressions in which he had indulged when speaking of the illustrious man at its head, were treated with indignation or contempt. The spirit of friendship for the nation was carefully preserved, while the unauthorized aggressions of its agent were resisted, and his insinuations repelled and denied.

It may not be improper here to add, that Mr. Genet being recalled, his place was supplied by a successor, Mr. Fauchet, who arrived in the United States in February, 1794.

The Brissotine party in France, which sent Mr. Genet to America, had been supplanted by that of Robespierre; many of the Brissotines were sent to the guillotine; and there can be no doubt, that Genet himself was doomed to the same fate. His successor had

special orders to send him back to France, and for this purpose to use force, if necessary.

Fauchet, therefore, immediately after his arrival, finding that Mr. Genet did not intend to return, but was rather inclined to stay where he was, requested liberty to arrest and send him back, agreeably to his instructions. This was refused by the President. Still desirous of effecting his object, he inquired whether the Executive would oppose his decoying him on board of a French vessel, under the pretence of honouring him. with an entertainment, and then sailing with him for France. The President not only refused to wink at this clandestine mode of proceeding, but declared he would resist it, if necessary, by force. By this upright and impartial conduct, the president, no doubt, saved Mr. Genet from the guillotine.*

In January, 1794, Mr. Jefferson resigned the office of Secretary of State, and was succeeded by Mr. Randolph. He resigned, with an intention of never again resuming any publick office. "For as to myself," says he, in a letter to Mr. Madison, "the subject has been thoroughly weighed and decided on, and my retirement from office has been meant from all office, high or low, without exception. My health is entirely broken down within the last eight months; my age requires that I should place my affairs in a clear state; these are sound if taken care of, but capable of considerable dangers if longer neglected; and above all things, the delights I feel in the society of my family, and in the agricultural pursuits in which I am so ea

Pitkin's United States, 2d vol. 417.